Speech #1100022869

This is a gap in our laws that needs to be filled. Senator GRASSLEY had previously filed an amendment which is now included in this consolidation. This has to do with revoking the visas of terrorists. Under current law. visas approved or denied by consular officials are nonreviewable. That is overseas. If somebody applies for a visa. and they do not get it. then those are not reviewable. In other words. there is not a stream of litigation or successive appeals they can go through in order to challenge the denial of their visa. However. if a visa is approved but later revoked and that individual is on U.S. soil. the decision by the consular officer is reviewable in U.S. courts. This amendment makes these revocations nonreviewable. This is both a practical problem and is actually a huge difficulty. Identified by the Government Accountability Office in 2003. They said that even if an aliens visa is revoked on terrorism grounds after the alien reaches the United States. it is almost impossible to deport the suspected terrorist because persons with a revoked visa can stay in the United States and have a right to successive appeals of a consular officers decision. Moreover. allowing the review of these revoked visas. especially on terrorism grounds. jeopardizes the classified intelligence that may have led to the revocation in the first place and makes the FBI and CIA hesitant to share the information. We can see how that standoff would occur. They are hesitant to share the information. therefore. visas of dangerous persons are not revoked. So due to the practical delay caused by review. we would suggestthis amendment suggestswe treat the visas exactly the same whether they are denied outside of the country or revoked inside of the country based on terrorism grounds. Also included in this package is an amendment that has to do with the detention of individuals who have entered our country Illegally and are subject to being repatriated. particularly criminal aliens. This grows out of a Supreme Court decision in 2001. where the Supreme Court held. in the Zabidah case. the Department of Homeland Security could not detain a person longer than 6 months.