NEW GROUNDS OF INADMISSIBILITY

Current law (prior to the enactment of the PATRIOT ACT) includes several grounds of inadmissibility related to terrorism (212(a)(3)(B)).

• Persons who have engaged in terrorist activity
  
• Persons who the Attorney General has resonable grounds to believe may engage after entry in terrorist activity
  
• Persons who have incited terrorist activity
  
• Persons who are representatives of the foreign terrorist organizations designated by the Secretary of State under Section 219 of the INA
  
• Persons who are members of the Section 219 terrorist organizations
  
• Officers, officials, representatives or spokespersons for the Palestine Liberation Organization
  

For purposes of all of these grounds of inadmissibility, "terrorist activity" includes (212(a)(3)(B)(ii) and (iii):

• Highjacking, sabotage, hostage-taking
• Violent attack on an internationally protected person
• Assassination
• Use of biological, chemical, nuclear weapons, explosives or firearms with intent to endanger the safety of a person or substantial damage to property
• Preparation or planning of a terrorist activity
• Gathering of information re targets for terrorist activity
• Providing of any type of material support to anyone the person knows or has reason to believe has committed or plans to commit a terrorist activity
• Solicitation of funds for terrorist activity or for any terrorist organization
• Solicitation of anyone for membership in a terrorist organization or to engage in a terrorist activity

The PATRIOT ACT adds to these existing grounds of inadmissibility the following grounds:

• Persons who are a representative of a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities;
  
• Persons who have used their position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines US efforts to reduce or eliminate terrorist activities;
  
• Spouses or children of anyone inadmissible on terrorism-related grounds, if the activity causing the inadmissibility occurred with the last 5 years;
  

In addition, the PATRIOT ACT makes the use of any weapon or "dangerous device" with intent to endanger a person's safety or cause substantial property damage a ground of inadmissibility.
Finally, the PATRIOT ACT adds the following new elements to the definition of "terrorist activity" listed above:

• Solicitation of funds or other things of value for a terrorist organization designated by the Secretary of State, or for undesignated groups unless the person can demonstrate that he did not know, or should not reasonably have known, that the solicitation would further the organization's terrorist activity
  
• Provision of any material support for any terrorist organization designated by the Secretary of State, or for undesignated groups unless the person can demonstrate that he did not know, or should not reasonably have known, that the solicitation would further the organization's terrorist activity
  
• Solicitation for membership in any terrorist organization designated by the Secretary of State, or for undesignated groups unless the person can demonstrate that he did not know, or should not reasonably have known, that the solicitation would further the organization's terrorist activity
  
• In addition to the designation power provided in Section 219 of the INA, the Secretary of State is given additional power to designate any organization, foreign or domestic, as a terrorist organization, upon publication in the Federal Register. The Secretary of State must find that the organization engages in "terrorist activity" or provides material support to further terrorist activity. The organization so designated can be a "group of two or more individuals, whether organized or not, which engages in…." terrorist activities.
  
• Current there are more than 30 organizations designated by the Secretary of State as "foreign terrorist organizations" under Section 219 of the INA. The Attorney General requested on October ___ the designation of an additional 46 organizations under the new powers provided by the PATRIOT ACT. These organizations will be designated upon publication in the Federal Register.
  
• Finally, the PATRIOT ACT adds the following new ground of inadmissibility: "Any alien who the Secretary of State…determines has been associated with a terrorist organization and intends while in the US to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the US"…is inadmissible.
  
• Special rule re retroactivity: The new grounds of inadmissibility added by the PATRIOT ACT do not apply to fundraising, material support or membership solicitation for organizations that were not designated (at the time of the activity) by the Secretary of State as terrorist organizations.
  

NEW GROUNDS OF DEPORTABILITY

Current law includes a ground of deportability for any person who has engaged in "terrorist activity", as defined above. The ground of deportability now will include the expanded definition of "terrorist activity" enacted by the PATRIOT ACT. This means that any fundraising, material support, or solicitation for membership in any organization designated by the Secretary of State as a terrorist organization will be a deportable offense. Further, any of these activities in support of non-designated organizations that the government decides is a terrorist organization will be a deportable offense unless the person charged can establish that he did not know that his contribution or solicitation would be used to further terrorist activity.


NEW DETENTION PROVISIONS

The PATRIOT ACT gives the Attorney General new power to mandatorily detain any person he certifies that he has "reasonable grounds to believe" is described in the national security and terrorism-related sections of the INA-- (212(a)(3)(A)(i), 212(a)(3)(A)(iii)(national security-related grounds), 212(a)(3)(B)(terrorism-related grounds), 237(a)(4)(A)(i), 237(a)(4)(iii) or 237(a)(4)(B) (corresponding grounds of deportability).

Under the new mandatory detention provisions:

• Charges must be brought with 7 days of the detention
  
• Certification power may not be delegated to anyone but the Deputy Attorney General
  
• A person who is found NOT to be deportable or inadmissible must be released
  
• A person who is deportable but who cannot be deported can continue to be detained only upon a showing that his release would threaten national security or the safety of the community
  
• Habeas review of the certification and detention can be brought in any district court, but DC Circuit law must be applied