Laws Flashcards
Patriot act, Section 411
ideological test for entry into the states - representatives of a political or social group “whose public endorsement of acts of terrorist activity the sec of stat has determined undermines US efforts to reduce or eliminate terrorist activities can no longer enter the country. Harkens back to McCarthy era.
Patriot act, section 802
Creates federal crime of domestic terrorism = “acts dangerous to human life that are a violation of the criminal laws if they appear to be intended to influence the policy of a government by intimidation or coercion, and if they occur primarily in the jurisdiction of the United States. This is controversial because it blurs ideology and terrorism, and can be used to detain a broad number of people.
Patriot Act, section 213
authorizes sneak and peek searches or covert searches of a home without notice or execution of a warrant until after the search has been completed. Delay based on whether notification would endanger people/cause the suspicious item to disappear. Also delay in notification of seized property. Not set to expire. Extends to all criminal proceedings - not just terrorist.
Patriot Act, Section 215
One of several provisions that lowers the requirements and extends the reach of Foreign Intelligence Surveillance Act (FISA). Allows people in low ranks of FBI to demand production of records from third parties about suspected individuals. Doesn’t need to supply reasoning beyond the need for docs in terrorist/clandestine investigation.
Patriot Act, section 216
Allows gov to track telephone and internet routing, dialing, addressing, and signaling information anywhere in US as long as it is relevant to an ongoing criminal investigation. Section doesn’t distinguish a clear line between subject lines/addressing and content - slippery slope for privacy. Not scheduled to expire.
Patriot Act, section 218
Most far reaching surveillance in the act - also an amendment to Foreign intelligence surveillance act (also of note - why is FISA - by its very name, being turned on citizens? that’s not foreign). Court orders permitting wiretaps and physical searches may be attained without showing probable cause - clear violation of fourth amendment.
Patriot Act, section 203
Authorizes sharing of informations through several federal agencies, such as the FBI, CIA, INS, etc, WITHOUT judicial supervision. Very concerning because this permits sharing of grand jury information. Permits broad sharing of sensitive information to officials without judicial oversight.
Patriot Act, section 412
Inflates attorney general’s power to detain noncitizens who are suspeced of terrorism - doesn’t require probable cause, and only he makes the decision.
SEVIS
Student and Exchange Visitor Information. Presidential directive for tracking system/electronic database that universities must use and update that includes data on every international applicant or enrollee. Data such as entry and exit information, course enrollment, address changes, personal financial information. This caused funding and staffing problems in universities and consulates as they struggled to catch up, and resulted in long delays for students - many were denied without explanation. Example of immigration and education as political tool. Additionally, student visas amount for very few of all international visas, and students are already among the most monitored and screened immigrants entering the country. Additionally, students prevented from studying sensitive topics on the technology alert list. Isolating the US from other ideologies is exactly the opposite response we should have to 9/11 - instead we should be learning to understand others and helping others understand our values.
MASA and their fight
Mexican American Student Alliance - fighting for undocumented students, support from teachers. Undocumented students with proof of residence/high school were allowed to pay in state tuition. 1996 federal immigration law, which was passed in the wake of the OK bombing, prevented this - but wasn’t implemented until post 9/11. Undocumented students cannot afford out of state tuition, so many just don’t go to college - with help from CUNY is our Future, Gov. Pataki, and supportive senators, the law in NY was changed to reflect attendance of a local high school, rather than residence, which enables undocumented students to pay in state tuition again. Pataki - 2002.
DREAM act
Development, Relief, and Education for Alien Minors. Allows individual to apply for legal status on a conditional basis, if upon enactment of the law they are under 35, arrived before 16, have lived in US continuously for past 5 years, and have obtained a GED. IF they complete two years of college/military service, and have good moral character, the conditional basis of their status will be removed after 6 years. 2.1 million could be eligible to apply for legal status, but probably only 38% would obtain permanent legal status. Challenges: english ability, poverty, presence of dependent children, employment student.
DACA
Deferred Action for Childhood Arrivals. Under 31, arrived before 16, have been here since 2007, entered without inspection/immigration status expired, are in school/done with HS/have GED/served in army; don’t have felony or otherwise present a threat to national security. Focused on those who came to US as children - if approved they have to renew every two years and they may be eligible for work authorization. While the request is pending, you are still illegal. DACA is a form of prosecutorial discretion, not a path to permanent citizenship. You can use all sorts of documentation to apply: school certificates, library records, medical records, year books, report cards, sports trophies, bills, receipts, subscriptions. Diana, from Mexico, is a recipient of DACA. Travel outside of US must be brief, casual, and innocent - after August 2012, you cannot travel outside of US. Traffic misdemeanors do not disqualify applicants, but will be considered.
What could the US have done to prevent 9/11?
Checking in with visa applicants. Communication between embassies - UAE reported them missing. Distinct changes in their behavior was communicated. Communication between schools - enrolled in multiple flight schools, didn’t want to land or take off.
United States Commission on Civil Rights on post 9/11 law enforcement in NY. What civil rights implications did they note?
Noted that some actions have adversely impacted Arabs, Muslims, South Asians. Gov’s expanded authority to detain without charge, to hold them with no possibility of bond, to confine for prolonged periods, special registration, sharing of national databases with local police. Historical roots for these concerns, such as Chinese exclusion of 1880s and Japanese during WWII.
Special registration marked by lack of community education, sharing documents may make undocumented people less likely to report crimes for fear of being deported. Certain law enforcement practices pose a threat to civil rights and civil liberties, especially within x communities - programs may be counter productive. They fuel distrust of law enforcement authorities, hinder local reporting of crimes, diminish cooperation between local police and community member.
Center for National Security Studies v. US Department of Justice, Sentelle opinion.
2003 - they argue that it’s not for national security, it’s to prevent them from interfering with investigation.
FOIA does not demand the release of detainee information, nor does the first amendment, nor does federal common law. 3 categories of detainee - INS, criminal, and material witness, says each have had access to counsel and the courts, and freedom to contact press or public at large. Reasons to withhold info: interfere with enforcement proceedings, invasion on personal privacy, endanger life/safety of individual. Case decision: gov disclose name of detainees and lawyers, but can withhold all other info. “Judiciary is in an extremely poor position to second guess the executive’s judgement in the area of national security.” B
