PATRIOT Act of 2001 – A Bill Introduced in U.S. House 
Posted Oct 12, 2001

On September 28, 2001, we published an article entitled, New Antiterrorism Bill Introduced for the MurthyBulletin. There, we discussed a Bush Administration proposal for new antiterrorism legislation. Attorney General Ashcroft urged legislators in both the House of Representatives (House) and the Senate to enact such a law to give the Department of Justice (DOJ) enhanced powers to investigate and apprehend alleged terrorists. In that September 28, 2001 article we described the immigration related portions of the proposal and explained their potential for punishing many innocent foreign nationals -- not just being targeted against terrorists.

A bill based in part on the above proposal has now been introduced in the House. The bill, known as the PATRIOT (Provide Appropriate Tools Required to Intercept and Obstruct Terrorism) Act of 2001, includes both enforcement provisions and special humanitarian benefits. Here, we describe immigration-related sections of the bill.

Certification and Detention of Suspected Terrorists  As in the Administration proposal, a foreign national can be "certified" as one who is involved in terrorism if there are reasonable grounds to believe that person to be a terrorist. The definition of terrorist activity is quite broad. Even if a person provides support only for humanitarian projects of groups included in the U.S. Department of State (DOS)'s list of terrorist organizations, s/he could be deported on that basis. (However, there may be an exception if the individual supported humanitarian activities of a group dating back to before it became engaged in terrorist activities.) Even speech can be a ground for deportation if it is "intended and likely to incite or produce imminent lawless action."

The "certification" procedure in the House bill requires the certification to be made by the Attorney General (AG) or the Commissioner of INS, but not by a lower level official. Once a person is certified, s/he must be detained. The INS can detain the individual for a week before bringing charges. The detention and the ground for certification can be reviewed in federal court, but such cases can be filed only at the U.S. District Court in Washington, DC, regardless of where the person is located.

If the foreign national is placed in immigration proceedings that result in her/his being ordered removed (deported) from the U.S., existing law already allows INS to prolong detention of the person until the deportation can be carried out. However, should the AG continue to have reasonable grounds to believe the person is a terrorist, the PATRIOT bill allows INS to detain the individual even if s/he is successful in obtaining relief from the Immigration Judge.

Every 6 months the AG must report to Congress on the use of the new certification and detention authority.

Enhanced Enforcement  PATRIOT would allow certain confidential information to be shared with foreign governments, on a case-by-case basis, for investigative purposes. It also would provide the DOS with needed access to certain DOJ criminal record databases. An additional enforcement provision is an increase in border patrol officers along the U.S. border with Canada.

Humanitarian Immigration Relief  A person whose immigrant petition (family- or employment-based), fiancé/e visa or labor certification was nullified as a direct result of death, disability, or destruction of the place of employment due to the events of September 11, 2001, may be able to qualify for the green card as a special immigrant. The relief extends to derivative beneficiaries of employment-based applicants who perished in the disaster, even if those family members were abroad and would be coming into the U.S. up to two years after that date. If a child lost both parents in the attacks, and both of the parents were U.S. citizens or green card holders, the grandparents can then be granted special immigrant status for the green card.

The PATRIOT Act would allow a lawful nonimmigrant who was disabled by the September 11 attacks to have a small automatic extension of stay, along with her/his family members. If one planned to file for an extension or change of status but was unable to because of the attacks, the bill would provide a grace period. A similar grace period is provided for a person who was unable to leave the U.S. at the conclusion of his/her stay. There are also certain extensions provided for lottery applicants who were otherwise required to enter the U.S. or adjust status by September 30, 2001. For all of the above extensions and grace periods, it is necessary to show that the inability to file one's papers, leave or enter the country, etc., was as a "direct result" of the attacks.

Foreign nationals whose U.S. citizen spouse or parent died as a direct result of the terrorist attacks can be eligible under the bill to obtain the green card. Under pre-existing law such benefits extend to surviving spouses only if the couple was married for two years prior to the death. The PATRIOT Act, if passed, would waive that two-year period for these family members. If a permanent resident petitioning for his/her spouse, son or daughter, was killed in the attacks, that surviving relative could still get the green card under this bill. If the surviving relative was present in the U.S. and no petition was filed, the relative can petition on his/her own. Such family members may also be able to get employment authorization and deferred action (protection from deportation). Similar benefits are also provided to the derivative family members of certain employment-based green card beneficiaries.

How a Bill Becomes Law  In order for this, as any, bill to become law, it must be voted on by a committee and then by the full House, and the Senate must pass a similar bill. If there are inconsistencies between the Senate and House versions, a compromise bill has to be agreed upon. Only after that final bill is passed does it go to the President for signature. Please note, therefore, that the PATRIOT Act is only a bill. At the time of this writing, it has not become law. Still, it is likely that something similar will be passed in the near future.