Could U.S. give terrorists green cards?

By Jon Dougherty

An immigration reform group says a loophole in a “mini-amnesty” bill favored by the Bush administration and already passed by the House could allow terrorists to apply for and receive permission to be in the United States.

According to a briefing provided to Congress by the Federation for American Immigration Reform, the loophole exists in legislation passed by one vote in the House March 12. The bill, called the Enhanced Border Security and Visa Entry Reform Act of 2002, would reauthorize Section 245(i), a provision of the Immigration and Nationality Act that grants amnesty to illegal immigrants currently inside the U.S.

In its briefing, the group said it believes the statute could allow terrorists to apply for the 245(i) amnesty and current terrorist suspects to be released from custody.

“It’s baffling to think that Congress might actually pass a bill that inadvertently gives green cards to terrorists,” said Dan Stein, FAIR’s executive director. “The amnesty is another example of legislation which avoids the scrutiny of full public debate yet has far reaching – and in this case, politically deadly – consequences.”

Officials with FAIR say the case that most illustrates the fallacy of reauthorizing the 245(i) amnesty provisions centers around Rabih Haddad, a co-founder of the Global Relief Foundation – an organization that U.S. officials shut down over suspicions it was helping fund terrorist groups.

Haddad has been in the custody of the Immigration and Naturalization Service since Dec. 14, 2001, and currently has an application for release under Sect. 245(i) pending.

“If granted, [it] would give [Haddad] a green card and legal protection as a permanent resident of the United States,” said FAIR, in a statement published on its website. “The legal issues raised by this loophole have national security implications” that could be far-reaching, the group asserted.

According to the Immigration and Naturalization Service, people qualify for the Section 245(i) amnesty if they:

  • Entered the U.S. without being inspected by an INS agent;
  • Stayed in the U.S. longer than allowed by the INS;
  • Entered the U.S. as a worker on an aircraft or ship (crewman);
  • Failed to continually maintain a lawful status while in the U.S.; or
  • Worked in the U.S. while being an “unauthorized alien.”

The INS has been under increased scrutiny from groups and lawmakers recently after a series of high-profile failures, including issuing student visas to two of the Sept. 11 hijackers six months after they were killed flying airliners into the World Trade Center towers.

According to Rep. Tom Tancredo, R-Colo., chairman of the House Immigration Reform Caucus, 300,000 people remain in the U.S. after being deported because INS authorities did not enforce their deportation orders.

In an exam of “INS outrages,” Tancredo also discovered that Fred Alexander, a deputy district director for the Immigration and Naturalization Service, publicly told a group of undocumented day laborers recently that “it’s not a crime to be in the U.S. illegally; it’s a violation of civil law.”

Immigration reform advocates say granting the amnesty also sends the wrong legal signal.

“To protect the American people from foreign terrorists, the United States cannot afford to have an easier standard for screening illegal aliens who are given the right to permanently reside in our country,” FAIR says. “The Section 245(i) provision circumvents the normal screening process and only benefits persons who have already violated the U.S. immigration law.”

The group also says Section 245(i) is “unfair to legal immigrants” who took the time to comply with U.S. laws to become citizens.

The White House has said it is committed to securing the nation’s borders on “land, air or sea.”

“The massive flow of people and goods across our borders helps drive our economy, but can also serve as a conduit for terrorists, weapons of mass destruction, illegal migrants, contraband and other unlawful commodities,” said a White House “action plan” for “creating a secure and smart border.”

“America’s air, land, and sea borders must provide a strong defense for the American people against all external threats, most importantly international terrorists but also drugs, foreign disease and other dangerous items,” the action plan states. Also, the nation’s “border must be highly efficient, posing little or no obstacle to legitimate trade and travel.”

The Senate is expected to take up the amnesty reauthorization measure once it reconvenes April 8.

Meanwhile, Rep. Dave Weldon, R-Fla., has introduced a bill that establishes a temporary moratorium on the issuance of “immigrant and non-immigrant visas” to citizens of any country named as a terrorist sponsor.

Called the Terrorist Admission Prevention Act of 2002, the bill specifically cites Afghanistan, Algeria, Cuba, Egypt, Iran, Iraq, Lebanon, Libya, North Korea, Saudi Arabia, Sudan, Somalia, Syria, United Arab Emirates and Yemen.

The bill would amend the Immigration and Nationality Act to “expand, and make retroactive, terrorist activity-based grounds for deportation.” It also would “eliminate waiver authority respecting implementation of machine-readable passports” and “require additional information from registered aliens.”

The bill also “increases the monetary penalty for failure to provide notice of address change.”

It was referred to the House Judiciary Committee March 20. It has no cosponsors.

“Our current border and immigration security systems are incapable of protecting American citizens against another terrorist attack. The recent account of the INS notifying a Florida flight school of the change in Mohammed Atta’s visa status – six months after the Sept. 11 terrorist attack – is a case in point,” Weldon said in a statement.

“Congress has already acted to shore up and initiate many needed reforms to protect our borders and eliminate additional terrorist threats. These systems, however, could take years to implement, allowing sufficient time for future terrorists to slip through,” he added.

Weldon said that in 1999, the INS reported that 205,000 non-immigrants were admitted to the U.S. from terrorist-harboring countries. Earlier this year, he noted, the Census Bureau reported that 114,000 people from Middle East nations were living in the United States illegally.

“We also need to be more diligent in tracking aliens who are here legally. Since the INS is unable to catch a notorious name like Mohammed Atta, one can only imagine the state of affairs in keeping track of the 11 million legal aliens within our borders,” Weldon said.

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Jon Dougherty

Jon E. Dougherty is a Missouri-based political science major, author, writer and columnist. Follow him on Twitter. Read more of Jon Dougherty's articles here.