Speech #1090104970

Congress simply did not intend for the AUMF to be used as justification for programs such as the one currently in use by the NSA. I join my many colleagues. many victims of terrorism. and many victims of racial and religious profiling in opposing the underlying conference report for H.R. 3199. 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. (Carlina Tapia Ruano. Statement for Oversight Hearing on the Reauthorization of the USA PATRIOT Act before the House Committee on the Judiciary. June 10. 2005.) 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 seven days. but the law does not require that those charges be based on terrorismrelated oftenses. 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 o 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 ot State to designate domestic groups as terrorist organizations and block any noncitizen who belongs to them trom entering the country. Under this provision. the mere payment of membership dues is a deportable offense. This vague and overly broad language constitutes guilt by association. Our laws should punish people who commit crimes. not punish people based on their beliefs or associations.