Holman No Title

• Jurisdiction: United States,Federal
• Citation: Vol. 2001 No. 12
• Publication year: 2001

Vermont Bar Journal 2001.

December 2001. Holman No Title

THE IMPACT OF SEPTEMBER 11TH ON AMERICA'S IMMIGRATION LAWS, POLICY, AND PROCEDURES

Leslie A. Holman, Esq.

There are probably few, if any, lives that have not been altered in some way by the tragic events of September 11, 2001. As the days pass, the effects of the devastation continue, trickling down to both the per-sonal and professional portions of daily life. This is especially true for attorneys practicing immigration law. However, the immigration-related consequences of September 11(fnth) are not limited to immigra-tion practitioners, as many attorneys deal with immigrants and immigration-related issues even if they are not performing actual immigration services. This article seeks to provide some guidance to practi-tioners with regard to: identifying the security-related grounds which can render an individual inadmissible to or removable from, this country; the recent changes to those and other laws as a result of the USA PATRIOT Act, signed into law by President Bush on October 26, 2001; and some practical tips regarding travel by for-eign nationals both into and around the United States.

Under current immigration laws, a per-son can be refused admission to this coun-try on a variety of security related grounds.(fn1) Of specific concern at the moment are those individuals who have engaged in or who are likely to engage in terrorist activities. Foreign nationals are inadmissible if: (1) they have engaged in terrorist activities; (2) a consular officer or the Attorney General knows or has reason-able grounds to believe that they have engaged in or are likely to engage in ter-rorist activity; (3) they have incited terror-ist activity under circumstances indicating an intention to cause death or serious bod-ily harm; (4) they are representatives of a foreign terrorist organization that they know or should know is a terrorist organi-zation; or (5) they are members of a ter-rorist organization.(fn2) A "representative" includes an officer, official, or spokesper-son of an organization, and any person, who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.(fn3) Activities nor-mally considered to be free speech in the U.S. are not considered "directing, coun-seling, commanding or inducing" terrorist activity unless they aid and abet the com-mission of a terrorist act.(fn4)

A terrorist organization is an organiza-tion based in a foreign country that threat-ens U.S. security and threatens, conspires, or engages in terrorist activity.(fn5) "Terrorist activity" is any activity that is unlawful under the laws of the U.S. or of any state, and that involves any of the following: hijacking and sabotage of any conveyance; kidnapping, seizing, detaining, and threat-ening to kill or injure another if done to force government action; a violent attack upon an internationally protected person; assassination; use of biological, chemical, or nuclear devices, or an explosive or firearm with the intent to endanger people or property; and a threat, attempt, or con-spiracy to do any of the above.(fn6)

Engaging in terrorist activity means to commit, in an individual capacity or as a member of an organization, an act of ter-rorist activity, or an act which the actor knows, or reasonably should know, affords material support to any individual, organi-zation, or government in conducting a ter-rorist activity at any time.(fn7) Such activities include any of the following acts: (1) preparing or planning a terrorist activity; (2) gathering information on potential tar-gets for terrorist activity; (3) providing any type of material support, including a safe house, transportation, communications, funds, false documentation or identifica-tion, weapons, explosives, or training to any individual the actor knows or has rea-son to believe has committed or plans to commit a terrorist activity; (4) soliciting funds or other things of value for terrorist activity or for any terrorist organization; and (5) soliciting any individual for mem-bership in a terrorist organization or ter-rorist government or to engage in a terror-ist activity.(fn8)

The State Department has interpreted the law to mean that any alien who holds a leadership position in an organization that engages in terrorism may be found inad-missible solely by virtue of playing a deci-sion-making role within that organization.(fn9) This is so even if there is no evidence that the person actually has been...