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H.R. 10, National Intelligence Reform Act of 2004

Section by Section

Examples of sections that threaten the rights of all of us:

§2043, Expansion of crime of material support. A federal judge has already found the USA PATRIOT Act’s provision on material support for terrorism “unconstitutionally vague.” This section would make it a crime to associate with a named terrorist organization, even if the person opposes violence and the association involves no financial support.

§2001, Individual terrorists as agents of foreign powers. (AKA “lone wolf” provision). FISA orders outnumbered all law enforcement wiretap orders in 2003. The ability to obtain a long-term wiretap under FISA without a link to an “agent of a foreign power,” such as an international terrorist group, raises constitutional questions about whether the secret wiretap is permitted under te Fourth Amendment. This provision may also permit surveillance of citizens for domestic surveillance and law enforcement provisions.

§2142, Criminal historybackground checks. Access for employers to government arrest records, even if the individual was not charged with a crime, is too broad and lacks appropriate checks and balances. For example, it does not require that the employer seek the information from the government in good faith. It would be easy to make false or fraudulent requests for records. There is no requirement to notify or gain consent from the employee for a background check and no mechanism whereby the employee can access the record and provide a correction if it is wrong. Finally, the employer may redisclose the information without limit, for example via the Internet.

Changes threatening immigrants with no ties to terrorism:

§3006, Increase in detention bed space. Shows intent to increase the number of immigrants held in prison awaiting deportation proceedings.

§3006 (formerly 3005), Alien identification standards. Prohibits federal employees from accepting any identification but a valid ID document issued by the Atorney General or Secretary of Homeland Security or a valid, unexpired passport. This puts at risk immigrants who are only able to obtain a “matricula consular,” because this section makes the internationally accepted consular cards unacceptable as identification within the U.S.

§3007 (formerly 3006), Expedited removal. Eliminates judicial review as a safety valve for immigrants who entered the U.S. without inspection and have been physically present for more than one year or fewer than five years or who lack proper documents. No mechanism for a person facing removal to make a claim under the Convention Against Torture, for example.

§3008 (formerly 3007), Preventing terrorists from obtaining asylum. Raises burden of proof for asylum-seekers facing persecution by requiring that applicants choose just one “central motive” for persecution rather than two or more partial motives in combination, such as race, religion, nationality, political beliefs, or membership in a social group.

§3009 (formerly 3008), Revocation of visas and other travel documentation. Permits removal of persons whose visa is revoked by the State Department and prohibits administrative or judicial review of the decision. Someone whose visa is remoked in error (same or similar name as someone else) would have no recourse for challenging the removal.

§3010 (formerly 3009), Judicial review of orders of removal. Sets an extremely high bar for courts to meet before they would be able to grant a stay of a deportation, even if the deportee has appealed, making appeals moot.

§3031, Expanded inapplicability of restriction on removal. Prohibits individuals who are removable for having engaged in (at any time in the past) terrorist activities (as that phrase is broadly defined in the INA) from invoking the protections of the Convention Against Torture (CAT) or withholding of removal. Currently, the bar to relief under CAT and withholding of removal applies only to those convicted of serious crimes or those that the government determines are “a danger to the security of the United States.”

§3032, Exception to restriction on removal for terrorists and criminals. This section violates the U.S. and international prohibition called the Convention Against Torture by permitting the deportation to a country known to use torture of a person for whom “there are reasonable grounds to believe ... is a danger to the security of the United States” and places the burden on that person to prove that he or she would be tortured.

§3033, Additional removal authorities. Enables the U.S. government to ignore international law by deporting persons to countries without a functioning government, without the country’s consent, unless the country physically prevents the person’s entry. This section would head off a Supreme Court ruling expected next year involving an order to deport someone to Somalia.

§3051 through §3056, Improved security for driver’s licenses and national identification cards. This section would essentially create a national ID card. By doing so, it would bar many thousands of undocumented immigrants from obtaining a driver’s license. It would also link state motor vehicle databases together.

Security Measure needing additional scrutiny:

§2183, Registered Traveler Program. Security experts foresee terrorist groups enrolling their members in the program so they will be able to sail through security.

Sources for More Information

National Immigration Forum:

American Immigration Lawyers Association (AILA):

Human Rights First: