Executive Branch Limits on Immigration
By Jeanne A. Butterfield, American Immigration Lawyers Association
The following are administrative actions taken by the Executive Branch since 9-11. These actions curb rights and due process; undermine fundamental constitutional protections; profile certain communities; and target them for heightened measures.
September 20, 2001: Detention without Charges
The Department of Justice allows detention without charges for 48 hours or "an additional reasonable period of time" in the event of an "emergency or other extraordinary circumstance."
September 21, 2001: Closed Hearings
Chief Immigration Judge Michael Creppy states new security procedures for certain cases "require" judges to "close the hearing to the public."
October 31, 2001: Automatic Stays of Bond Cases
DOJ provides an automatic stay of immigration bond decisions for any bond of $10,000 or less. DOJ allows Bureau of Prisons eavesdropping on attorney/client conversations wherever there is "reasonable suspicion to believe that a particular inmate may use communications with attorneys to further or facilitate acts of terrorism." The Attorney General requests that the Secretary of State designate 46 new groups as terrorist organizations, per powers authorized by USA Patriot Act.
November 7, 2001: Foreign Terrorist Task Force
The President announces the creation of a "Foreign Terrorist Tracking Task Force" which will deny entry, locate, detain, prosecute and deport anyone suspected of terrorist activity.
November 9, 2001: Interviews of Arab/Muslim Men
The Attorney General directs interviews of 5,000 men, ages 18-33, who entered US since 2000 from countries where Al Queda has a "terrorist presence or activity."
November 13, 2001: Military Tribunals
President Bush issues an Executive Order authorizing creation of military tribunals to try non-citizens alleged to be involved in international terrorism.
November 15, 2001: New 20-Day Visa Wait
The State Department imposes new security checks and 20-day waiting periods on male visa applicants from Arab and Muslim countries.
November 16, 2001: Secrecy re INS Detainees
The Department of Justice issues a letter to Senator Feingold asserting that identities/locations of 9-11 detainees will not be disclosed.
November 29, 2001: "Snitch Visas"
The Attorney General announces the use of S visas for those who provide information about terrorists.
December 4, 2001: Senate Hearings
Senator Feingold holds hearings on 9-11 detainees. The Attorney General states that those who question his policies are "aiding and abetting terrorism."
January 25, 2002: "Absconder Initiative"
The Deputy Attorney General issues instructions for the "Absconder Apprehension Initiative" to find 314,000 people who have a final deportation order against them. 6,000 men from "al Qaeda-harboring countries" are first.
February 19, 2002: BIA "Reforms"
The Attorney General proposes restructuring Board of Immigration Appeals to institute one-judge review and streamlined procedures.
February 26, 2002: Interview Report
The Department of Justice, after interviewing thousands of Arab/Muslim men, arrests only three on criminal charges and finds fewer than 20 immigration violations.
March 19, 2002: Additional Interviews
DOJ announces another round of interviews of 3,000 Arab/Muslim men.
April 12, 2002: New Limits on Visitors/Students
INS issues a presumptive limitation on visitors to the US of 30 days, or a "fair and reasonable period." INS prohibits a visitor from attending school while applying for a change to student status.
April 22, 2002: States Can't Release Information
The Attorney General forbids any jail from releasing information about INS detainees housed in their facilities.
May 9, 2002: Aliens Must Surrender within 30 days
The Attorney General requires aliens surrender to INS within 30 days of a final order or be barred forever from any relief from deportation, including asylum.
May 16, 2002: Student Reporting Required
The Attorney General implements a new student reporting system, SEVIS, to require reporting of student enrollment and other information.
May 28, 2002: Immigration Judges Can Seal Records
The Attorney General authorizes immigration judges to issue protective orders and seal records.
July 26, 2002: Address Notification to be Filed
The Attorney General proposed a rule that "willful" failure of aliens to register with the INS or give a change in address within 10 days, is a criminal violation.
