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