Speech #1090097564

National Association for the Advancement of Colored PeopleNAACP. National Association of Criminal Defense Lawyers. People for the American Way. and numerous groups concerned about immigrants rights. I sit as ranking Democrat on the Subcommittee on Immigration. Border Security. and Claims. Of particular concern to me are a number of immigrationrelated provisions that cast such a broad net to allow for the detention and deportation of people engaging in innocent associational activity and constitutionally protected speech and that permit the indefinite detention of immigrants and noncitizens who are not terrorists. Among these troubling provisions are those that: Authorize the Attorney General. AG. to arrest and detain noncitizens based on mere suspicion. and require that they remain in detention "irrespective of any relief they may be eligible for or granted." (In order to grant someone relief from deportation. an immigration judge must find that the person is not a terrorist. a criminal. or someone who has engaged in fraud or misrepresentation. When relief from deportation is granted. no person should be subject to continued detention based merely on the Attorney Generals unproven suspicions. Require the AG to bring charges against a person who has been arrested and detained as a "certified" terrorist suspect within 7 days. but the law does not require that those charges be based on terrorismrelated offenses. As a result. an alien can be treated as a terrorist suspect despite being charged with only a minor immigration violation. and may never have his or her day in court to prove otherwise. Make material support for groups that have not been officially designated as "terrorist organizations" a deportable offense. Under this law. people who make innocent donations to charitable organizations that are secretly tied to terrorist activities would be presumed guilty unless they can prove they are innocent. Restrictions on material support should be limited to those organizations that have officially been designated terrorist organizations. Deny legal permanent residents readmission to the U.S. based solely on speech protected by the first amendment. The laws punish those who "endorse." "espouse." or "persuade others to support terrorist activity or terrorist organizations." Rather than prohibiting speech that incites violence or criminal activity. these new grounds of inadmissibility punish speech that "undermines the United States" efforts to reduce or eliminate terrorist activity." This language is unconstitutionally vague and overbroad. and will undeniably have a chilling effect on constitutionally protected speech. Authorize the AG and the Secretary of State to designate domestic groups as terrorist organizations and block any noncitizen who belongs to them from entering the country. Under this provision. the mere payment of membership dues is a deportable offense. This vague and ovedy broad language constitutes guilt by association. Our laws should punish people who commit crimes. not punish people based on their beliefs or associations. In addition. the current administration has taken some deeply troubling steps since September 11. Along with supporting the USA PATRIOT Act. it has initiated new policies and practices that negate fundamental due process protections and jeopardize basic civil liberties for noncitizens in the United States. These constitutionally dubious initiatives undermine our historical commitment to the fair treatment of every individual before the law and do not enhance our security. Issued without congressional consultation or approval. these new measures include regulations that increase secrecy. limit accountability. and erode important due process principles that set our Nation apart from other countries. I cosponsored the Civil Liberties Restoration Act. CLRA. reintroduced from the 108th Congress by Representatives HOWARD BERMAN and WILLIAM DELAHUNT. that seeks to roll back some of these egregious post9/11 policies and to strike an appropriate balance between security needs and liberty interests. The CLRA would secure due process protections and civil liberties for noncitizens in the U.S.. enhance the effectiveness of our Nations enforcement activities. restore the confidence of immigrant communities in the fairness of our government. and facilitate our efforts at promoting human rights and democracy around the world. While every step must be taken to protect the American public from further terrorist acts. our government must not trample on the Constitution in the process and on those basic rights and protections that make American democracy so unique. My "safe havens" amendment that relates to the civil forfeiture provision of 18 U.S.C. 981 and would add a section that would allow civil plaintiffs to attach judgments to collect compensory damages for which a terrorist organization has been adjudged liable. fortunately. was included in the text of the conference report as section 127: It is the sense of Congress that under section 981 of title 18.