Legislative Update

The House of Representatives has named the 50 mem b ers of the new Homeland Security Committee. This committee will oversee the new Department of Homeland Security. What is not c lea r is whether this committee will take over the functions of the House's Immigration Su b committee which is part of the House Justice Committee. The responsi b ility for the American immigration system is b eing transferred this year from the Department of Justice to the Department of Homeland Security.

 

The Committee is chaired b y Christopher Cox (R-CA) and the ranking Democrat on the committee is Jim Turner (D-TX).

 

Repu b lican mem b ers of the committee include the following: Bill Young (FL), David Dreier (CA), Don Young (AK), Duncan Hunter (CA), James Sensen b renner (WI), Bo b Goodlatte (VA), Sherwood Boehlert (NY), Billy Tauzin (LA), Christopher Shays (CT), Curt Weldon (PA), Dave Camp (MI), Ernest Istook (OK), Harold Rogers (KY), Jennifer Dunn (WA), Jim Gi b b ons (NV), John Lin der (GA), John Shadegg (AZ), John Sweeney (NY), Kay Granger (TX), L amar Smith (TX), Lincoln Diaz-Balart (FL), Mac Thorn b erry (TX), Mark Souder (IN), Pete Sessions (TX), Peter King (NY), and Porter Goss (FL).
 
Democratic Representatives on the committee are Ro
b ert Andrews (NJ), Benjamin Cardin (MD), Peter DeFazio (OR), No rm an Dicks (WA), Bo b Etheridge (NC), Barney Frank (MA), Charles Gonzalez (TX), Jane Ha rm an (CA), Sheila Jackson Lee (TX), James Langevin (RI), Zoe Lofgren (CA), Nita Lowey (NY), Ken Luca s (KY), Edward Markey (MA), Karen McCarthy (MO), Kendrick Meek (FL), Bill Pascrell (NJ), Loretta Sanchez (CA), Louise Slaughter (NY), Bennie Thompson (MS), and Dels. Donna Christensen (VI) and E lea nor Holmes Norton (DC).

 

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A draft of the Bush Administration's successor bill to the USA Patriot Act has begun circulating and there are several provisions that would have significant effects on US immigration law. The bill's title is the Domestic Security Enhancement Act of 2003. Among the important, and no doubt controversial, changes are the following:

 

1. Secret arrests - The bill permits in Section 201, for the first time, the government to make arrests in connection with international terrorism investigations and not disclose the arrest until an indictment is filed.

 

2. Deportation authority - Section 503 permits the Attorney General the power to deport foreign nationals, including green card holders, whenever he finds that their presence is inconsistent with "national security". "National security" includes "economic interests" and "foreign policy." Courts already cannot review what actions violate foreign policy so this provision would seemingly give the Justice Department unlimited authority to deport just about anyone.

 

3. Stripping citizenship - Under Section 501, the government will be able to strip citizenship from anyone based on their political associations. All that would have to happen is for a person to belong to or support the lawful activities of an organization designated as a terrorist group by the Justice Department. Under current rules, expatriation requires an affirmation of this intent by the citizen. Under the new provision, expatration can be inferred from one's actions.

 

4. DNA Database - Sections 301 through 306 would permit the government to collect DNA samples for a database from suspected terrorists as well as noncitizens suspected of certain crimes or having ties to terrorist groups.

 

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Three mem b ers of the House of Representatives have sent a letter to Attorney General John Ashcroft expressing disappointment that the Department of Justice has b een working on a successor b ill to the "USA Pat riot Act" without the input of the House's Judiciary Committee. The letter writers are Democrats John Conyers, Jr., Ro b ert C. Scott and Sheila Jackson Lee. Representative Lee is the ranking Democrat on the House Immigration Su b committee.

 

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House Immigration Su b committee mem b er Elton Gallegly (R-CA) has announced plans t introduce legislation this month directing that "no foreign-issued identification other than a passport would b e acknowledged b y the federal government as valid identification." State and local agencies as well as private companies would not b e affected. Gallegly is particularly concerned b y several local and state agencies announcing that they will accept the matricula consular, an identification card issued to Mexicans b y the Mexican Foreign Ministry.

 

Several states, including Ari zona and Colorado , are de b ating the issue of allowing use of the card as a fo rm of identification.

 

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To view our legislative chart, visit www.visalaw.com/advocacy.html

 

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.