NATIONAL ORIGINS ACT TEXT

The National Origins Act: A Brief Overview and Legacy

The United States of America has been both a beacon of hope for immigrants and a place of exclusion. While the nation has attracted millions of people seeking democracy, freedom, and prosperity, it has also implemented policies designed to exclude certain groups based on race, ethnicity, or nationality. The National Origins Act is one such policy that left a lasting impact on American immigration and citizenship history. In this article, we provide an overview of the National Origins Act, its historical context, and its legacy.

Historical Context: Immigration and Race in America

The United States began as a country built on immigration, with waves of settlers, colonizers, and slaves coming from various parts of the world. However, as the country grew and expanded, so did the anxiety and hostility towards certain immigrant groups. The late 19th and early 20th centuries were marked by a surge of immigration from Southern and Eastern Europe, Asia, and Latin America, which prompted a wave of nativism, xenophobia, and racism.

The fear of becoming a minority in their own country fueled the rise of various anti-immigrant movements and policies. Some politicians and groups demanded a reduction or stoppage of immigration altogether, while others proposed selective or preferential immigration based on race, nationality, or religion. The National Origins Act is one such policy that reflected the anti-immigrant sentiments of its time.

Overview of the National Origins Act

The National Origins Act was a federal law that Congress passed in 1924 to restrict immigration to the United States based on nationality and race. The act established a quota system that limited the number of immigrants from each country to 2% of that country’s population in the U.S. as of 1890. The law also imposed an annual immigration ceiling of 150,000 people per year and excluded immigrants from Asia entirely.

The National Origins Act was a significant departure from previous immigration policies that had been more lenient or less discriminatory. The act effectively favorited immigrants from Northern and Western Europe, where most white Americans claimed their heritage, and discriminated against immigrants from Southern and Eastern Europe, Africa, and Asia, whom many considered to be inferior or problematic. The law also reflected the growing influence of eugenics and racial theories that advocated for the separation of races and the preservation of superior genes.

Legacy of the National Origins Act

The National Origins Act had several legacies that impacted American immigration and citizenship history. First, the law reinforced the racial hierarchy and discrimination of the time. By discriminating against certain groups based on race, nationality, and ethnicity, the law perpetuated inequality and prejudice and excluded many potential contributors to American society and culture.

Secondly, the National Origins Act created long-term consequences for American demographics and diversity. The law effectively froze the ethnic and racial composition of the U.S. in the early 20th century, excluding subsequent waves of immigrants who may have expanded or diversified the population. The law also contributed to the racial divisions and conflicts that persisted in the country, such as the segregation of Blacks and the internment of Japanese-Americans during World War II.

Finally, the National Origins Act inspired future immigration policies and debates. The act set the tone for the restrictive and discriminatory policies that followed, such as the Chinese Exclusion Act, the Immigration Act of 1965, and the current debates over illegal immigration and refugee resettlement. The National Origins Act served as a reminder of the tensions and challenges that come with immigration and citizenship and the need for a comprehensive, humane, and just approach to the issue.

Conclusion

The National Origins Act was a landmark immigration law that reflected the anti-immigrant, nativist, and racist sentiments of its time. The law effectively discriminated against certain groups based on race, nationality, and ethnicity and excluded many potential contributors to American society and culture. The law also created long-term consequences for American demographics and diversity and inspired future immigration policies and debates. The National Origins Act remains a cautionary tale of the dangers of immigration exclusion and the need for a fair, equitable, and inclusive immigration policy.

The National Origins Act of 1924 was a component of the Immigration Act of 1924 that established a quota system for determining how many immigrants could enter the United States, restricted by country of origin.  Although the quota system established by this Act has been abolished and other provisions heavily modified by the Immigration Act of 1965, this Act represents a significant redesign of the American immigration system for several decades in the mid-20th century.  The impetus to restrict immigration picked up steam in 1907 when the Dillingham Commission recommended restricting immigration from Southern and Eastern Europe, noting that immigration from those countries was “undesirable.”

National Origins Formula

The most important provision of the National Origins Act was the restrictive immigration quota system.  The first quotas were established three years earlier, through provisions in the Emergency Quota Act that limited immigration from any country to 3% the number of residents originating in that country living in the United States.  This Act caused immigration to drop by almost 500,000 persons between 1920 and 1922, primarily Southern and Eastern European immigrants.  Nominal Latin American and African immigration, and the immigration of professionals however, were not restricted.  The policy was renewed in the Immigration and Nationality Act of 1952, over presidential veto, before finally coming to an end in 1965.

Other provisions

The National Origins Act established a system of consular based immigration, which required immigrants
to have a visa issued by an American consular officer abroad before immigrating to the United States.  This practice is still in use today.

No immigrant ineligible to for citizenship naturalization could immigrate to the US.  Since Asian immigrants were ineligible for citizenship, this meant, in effect, that no Asians could immigrate to the US.  Although provisions were made for family reunification, “picture brides,” which were the primary means for Asian women to immigrate to the US, was expressly disallowed.  Distinctions between kinds of alien visitors, such as temporary visitors were also established by this legislation.

In practice

Although there were no racial restrictions in the National Origins Act of 1924, the nature of the quotas
ensured that limited numbers of certain Europeans and almost no Asians could enter the United States.  The addition of the Asian Exclusion Act, which barred Asians from becoming naturalized citizens, shut the door on meaningful Asian immigration until 1965.  If populations of those immigrants from undesirable nations were already small, then only a minuscule amount of additional immigrants from that country could join them.  For example:

There are 1,000 immigrants from China living in the US.  In reality, further Chinese would not be eligible for immigration due to naturalization laws, but if they were;

The National Origins Act limits additional immigration from all nations, including China to 2% of the number of Chinese Americans living in the US.

2% of 1,000 equals 20, which means that only twenty more persons from China could immigrate to the US.  If
there were additional restrictions on new immigrants, such as literacy tests, that number may be lower.

Conversely, if there were 150,000 Americans of British descent, 3,000 more immigrants could join them.

This process effectively skewed the immigration system with the intention of keeping America’s ethnic
distribution consistent.  The provisions were calculated and amended several times with the quota percentage reduced to 2% and the population numbers from 1890 to be used as a benchmark, restricting undesirable immigration even further.

Timeline

1907 – Dillingham Commission determines that immigration should be restricted to avoid undesirable elements from entering the United States, leading to the drive to establish limitation on Southern and Eastern European
immigration.

1921 – The Emergency Quota Act is the first to establish discriminatory quotas aimed at preserving the ethnic and racial composition of the United States.  Limitations prevented newcomers from each country to 3% of that population in the United States according to numbers in the previous census.

1924 – Immigration Act/National Origins Act lowered the quota percentage to 2% and added provisions to limit total immigration to 150,000 yearly by 1927.  Other provisions included using an earlier census to restrict new immigration by ethnicity even further, allow family reunifications and reducing the number of unskilled workers.  The United Sates also switched to a consular-based immigration system that requires immigrants to obtain an
immigration visa from the US Consulate.  Due to these changes, immigration from Italy fell almost 90% and some “undesirable” immigrant populations actually decreased.

1927 – Percentage quotas end in favor of a proportional system based on the United States population that allowed 150,000 immigrants into the US yearly.  This took effect in 1929.  This was just as restrictive as the previous system as “undesirable” immigrants were still subject to smaller numbers that Western and Northern European Immigrants.

1952 – Revised Immigration and Nationality Act continues National Origins Formula with proportional quotas but removes racial restrictions.  Veto by President Truman overridden by Congress.

1965 – The immigration system, as defined by the National Origins Act, ends and discriminatory quotas are abolished.  Immigration to the United States opened too all persons from all countries.

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Immigration Forms: A Detailed Guide

Immigration is a process of legally entering and settling in a country other than one’s own. The process of immigrating to a new country has always been a tedious and complicated ordeal, and a crucial part of it is the paperwork. Filling up immigration forms can be a daunting task, especially if it’s your first attempt. In this article, we will guide you through the most common immigration forms and explain the significance of each form in the immigration process.

1. Form I-130: Petition for Alien Relative

Form I-130 is a petition filed by a U.S. citizen or lawful permanent resident to establish the relationship between them and their foreign national spouse, child, or parent. The petitioner must establish that the relationship is genuine and that they are financially capable of sponsoring the foreign national.

The process starts by filing Form I-130, accompanied by the appropriate fee and documentation to the United States Citizenship and Immigration Services (USCIS). The USCIS will then review the petition, and if approved, will forward the case to the National Visa Center (NVC) for further processing.

2. Form I-485: Application to Register Permanent Residence or Adjust Status

Form I-485 is the primary form used by foreign nationals to adjust their current status to permanent residency in the United States. This form is generally used by individuals who were admitted to the United States in a non-immigrant visa status and are now looking to obtain permanent residency.

Once Form I-130 has been approved and the applicant has a visa number available, they can file Form I-485 along with all the required documentation and fees to the USCIS. The USCIS will then schedule an interview with the applicant and adjudicate the application.

3. Form I-90: Application to Replace Permanent Residence Card

Form I-90 is used to renew or replace a permanent residence card (Green Card). If an individual’s Green Card is nearing its expiration date, they must file Form I-90 at least six months before its expiration date. This form is also used to replace a lost or stolen Green Card or to update the card if there have been any changes in the individual’s personal information.

The application process involves filling up Form I-90 and paying the appropriate fee to the USCIS. The applicant will then receive an appointment for biometric (fingerprint) and photograph processing, after which USCIS will review the application and provide a decision.

4. Form I-129F: Petition for Alien Fiancé(e)

Form I-129F is used by a U.S. citizen to bring their foreign national fiancé(e) to the United States with the intention of getting married within 90 days of arrival. The petitioner must prove that they have met their fiancé(e) in person at least once within the past two years and that they intend to marry in the United States.

The USCIS will review the petition and, if approved, will forward it to the NVC for further processing. The NVC will then forward the case to the U.S. Embassy or Consulate in the foreign national’s country for an interview.

5. Form I-765: Application for Employment Authorization

Form I-765 is used by non-U.S. citizens to apply for an employment authorization document (EAD), which allows them to work while they are waiting for their Green Card or other immigration benefits. An individual must be in the United States under a qualifying immigration status to be eligible to file Form I-765.

The application process involves filling up the form and submitting it with the appropriate fee and documentation to the USCIS. Once the application is approved, the applicant will receive an EAD, which is valid for a specific period and can be renewed as needed.

6. Form N-400: Application for Naturalization

Form N-400 is used by lawful permanent residents to apply for U.S. citizenship. An individual must meet certain eligibility requirements, such as being at least 18 years of age, having lived in the United States continuously for a specific period, and being able to read, write, and speak conversational English.

The application process involves filling up the form and paying the appropriate fee to the USCIS. The applicant must also undergo biometric processing, attend an interview, and pass a civics test and English language test to become a naturalized U.S. citizen.

7. Form DS-160: Non-immigrant Visa Application

Form DS-160 is used by foreign nationals to apply for a non-immigrant visa to visit the United States temporarily, such as for tourism, education, or business purposes. This form is submitted online, and the applicant must provide detailed information about their travel plans, employment history, and any criminal history.

Once the application is submitted, the applicant must schedule an interview at the U.S. Embassy or Consulate in their country of residence. The interviewer will determine if the applicant is eligible for the non-immigrant visa.

Conclusion

The immigration process can be complicated, and filling up the right forms is essential to avoid any delays or rejections. Understanding each immigration form’s significance and following the application process’s instructions is crucial to ensure a smooth immigration process. Therefore, it is advisable to seek legal assistance to navigate through the intricacies of immigration law. With this guide, we hope to have helped you understand the most common immigration forms used and their roles in the immigration process.

The National Origins Act was a law that was enacted in 1924 in the United States. This law established a quota system for immigrants based on their country of origin. The National Origins Act was created to restrict the influx of immigrants into the country and to maintain the ethnic and cultural makeup of the United States.

Background of the National Origins Act

Throughout the 19th century, millions of immigrants came to the United States, predominantly from Europe. This mass migration led to a significant demographic shift in the United States. The composition of the population changed from being largely rural and homogeneous to being more urban and diverse.

The demographic shift created a demand for labor in cities, which led to many immigrants settling in these urban areas. This process, together with cultural and linguistic differences, often caused immigrants to experience discrimination and marginalization from the native-born population. Furthermore, World War I led to increased anti-immigrant sentiment among Americans, especially towards Germans.

As a result, several legislative acts were passed in the early 20th century to restrict immigration into the United States. One of these was the Immigration Act of 1917, which prohibited entry into the United States of persons deemed undesirable and required a literacy test for arriving immigrants.

In 1921, the Emergency Quota Act was passed, which established a quota system for admitting immigrants based on their country of origin. This act set the annual limit for each nationality at 3 percent of the number of residents of that nationality in the United States in the 1910 census.

The National Origins Act

The National Origins Act was enacted in 1924 and replaced the Emergency Quota Act. The Act established a stricter quota system, setting yearly immigration quotas for various countries based on the 1890 census, which had a lower number of recent immigrants from Southern and Eastern Europe compared to the 1910 census. The quotas were set at 2 percent for each nationality represented in the United States in 1890.

The National Origins Act also placed restrictions on immigrants from Asia. It prohibited the immigration of all Asians, except those from the Philippines. The Act aimed to preserve the racial and cultural identity of the United States by limiting the number of immigrants from Southern and Eastern Europe, Africa, and Asia and by favoring immigrants from Northern and Western Europe.

Criticism of the National Origins Act

The National Origins Act has faced criticism from various groups over the years. The Act has been called discriminatory and racist because it favored immigrants from Northern and Western Europe and excluded immigrants from other parts of the world. The Act made it more challenging for people from regions such as Africa or Asia to come to the United States.

Furthermore, the Act perpetuated ethnic and racial stereotypes by limiting the number of immigrants from Southern and Eastern Europe, where many people presumed ethnic groups were more likely to be involved in crime and other undesirable activities.

The quota system also created a backlog of visa applications, which led to long wait times for immigrants from certain countries. In many cases, the waiting time could stretch for years, preventing people from being reunited with their families or creating opportunities for them in the United States.

The Repeal of the National Origins Act

In 1952, the Immigration and Nationality Act replaced the National Origins Act. This act removed the quotas that favored immigrants from Northern and Western Europe and replaced them with a system based on skills, family relationships, and national need. It provided more opportunities for immigrants from countries such as Asia and Latin America to come to the United States. The act did not eliminate the idea of quotas altogether, but instead, shifted the focus towards a more merit-based system that aimed to benefit the United States economically.

Today, immigration policies in the United States continue to be a topic of debate. Some argue that immigration policies should be more generous, particularly for refugees and people seeking asylum. Others believe that the United States should focus on prioritizing the immigration of skilled workers who can contribute to the country’s economy.

Conclusion

The National Origins Act was a law enacted in 1924 in the United States to establish a quota system for immigrants based on their country of origin. The Act aimed to restrict the number of immigrants coming into the United States and to preserve the ethnic and cultural makeup of the country. The National Origins Act faced criticism for its discriminatory policies, particularly towards certain ethnic groups. In 1952, the National Origins Act was replaced by the Immigration and Nationality Act, which established a more merit-based system for immigration. Today, immigration policies in the country continue to be a topic of debate among lawmakers and the public.

Full Text to National Origins Act

SIXTY EIGHTH CONGRESS. SESS.I. Ch. 185, 190. 1924.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Immigration Act of 1924” Sec. 2. (a) A consular officer upon the application of any immigrant (as defined in section 3) may (under the conditions hereinafter prescribed and subject to the limitations prescribed in this Act or regulations made thereunder as to the number of immigration visas which may be issued by such officer) issue to such immigrant an immigration visa which shall consist of one copy of the application provided for in section 7, visaed by such consular officer.

Such visa shall specify (1) the nationality of the immigrant; (2) whether he is a quota immigrant (as defined in section 5) or a non-quota immigrant (as defined in section 4); (3) the date on which the validity of the immigration visa shall expire; and such additional information necessary to the proper enforcement of the immigration laws and the naturalization laws as may be by regulations prescribed. b. The immigrant shall furnish two copies of his photograph to the consular officer. One copy shall be permanently attached by the consular officer to the immigration visa and the other copy shall be disposed of as may be by regulations prescribed.

c. The validity of an immigration visa shall expire at the end of such period, specified in the immigration visa, not exceeding four months, as shall be by regulations prescribed. In the case of a immigrant arriving in the United States by water, or arriving by water in foreign contiguous territory on a continuous voyage to the United States, if the vessel, before the expiration of the validity of his immigration visa, departed from the last port outside the United States and outside foreign contiguous territory at which the immigrant embarked, and if the immigrant proceeds on a continuous voyage to the United States, then, regardless of the time of his arrival in the United States, the validity of his immigration visa shall not be considered to have expired.

(d) If an immigrant is required by any law, or regulations or orders made pursuant to law, to secure the visa of his passport by a consular officer before being permitted to enter the United States, such immigrant shall not be required to secure any other visa of his passport than the immigration visa issued under this Act, but a record of the number and date of his immigration visa shall be noted on his passport without charge therefor. This subdivision shall not apply to an immigrant who is relieved, under subdivision (b) of section 13, from obtaining an immigration visa.

(e) The manifest or list of passengers required by the immigration laws shall contain a place for entering thereon the date, place of issuance, and number of the immigration visa of each immigrant. The immigrant shall surrender his immigration visa to the immigration officer at the port of inspection, who shall at the time of inspection indorse on the immigration visa the date, the port of entry, and the name of the vessel, if any, on which the immigrant arrived. The immigration visa shall be transmitted forthwith by the immigration officer in charge at the port of inspection to the Department of Labor under regulations prescribed by the Secretary of Labor.

(f) No immigration visa shall be issued to an immigrant if it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that the immigrant is inadmissible to the United States under the immigration laws, nor shall such immigration visa be issued if the application fails to comply with the provisions of this Act, nor shall such immigration visa be issued if the consular officer knows or has reason to believe that the immigrant is inadmissible to the United States under the immigration laws.

(g) Nothing in this Act shall be construed to entitle an immigrant, to whom an immigration visa has been issued, to enter the United States, if, upon arrival in the United States, he is found to be inadmissible to the United States under the immigration laws. The substance of this subdivision shall be printed conspicuously upon every immigration visa.

(h) A fee of $9 shall be charged for the issuance of each immigration visa, which shall be covered into the Treasury as miscellaneous receipts. DEFINITION OF IMMIGRANT. SEC. 3. When used in this Act the term “immigrant” means an alien departing from any place outside the United States destined for the United States, except

(1) a government official, his family, attendants, servants, and employees,

(2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure,

(3) an alien in continuous transit through the United States,

(4) an alien lawfully admitted to the United States who later goes in transit from one part of the United States to another through foreign contiguous territory,

(5) a bona fide alien seaman serving as such on a vessel arriving at a port of the United States and seeking to enter temporarily the United States solely in the pursuit of his calling as a seaman, and

(6) an alien entitled to enter the United States solely to carry on trade under and in pursuance of the provisions of a present existing treaty of commerce and navigation. NON-QUOTA IMMIGRANTS. SEC. 4. When used in this Act the term “non-quota immigrant” means-

(a) An immigrant who is the unmarried child under 18 years of age, or the wife, of a citizen of the United States who resides therein at the time of the filing of a petition under section 9;

(b) An immigrant previously lawfully admitted to the United States, who is returning from a temporary visit abroad;

(c) An immigrant who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, or an independent country of Central or South America, and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him;

(d) An immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary, or university; and his wife, and his unmarried children under 18 years of age, if accompanying or following to join him; or

(e) An immigrant who is a bona fide student at least 15 years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by, the Secretary of labor, which shall have agreed to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn.

EXCLUSION FROM UNITED STATES. SEC. 13.

(a) No immigrant shall be admitted to the United States unless he

(1) has an an unexpired immigration visa or was born subsequent to the issuance of the immigration visa of the accompanying parent,

(2) is of the nationality specified in the visa in the immigration visa,

(3) is a non-quota immigrant if specified in the visa in the immigration visa as such, and

(4) is otherwise admissible under the immigration laws.

(b) In such classes of cases and under such conditions as may be by regulations prescribed immigrants who have been legally admitted to the United States and who depart therefrom temporarily may be admitted to the United States without being required to obtain an immigration visa.

(c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a non-quota immigrant under the provisions of subdivision (b), (d), or (e) of section 4, or (2) is the wife, or the unmarried child under 18 years of age, of an immigrant admissible under such subdivision (d), and is accompanying or following to join him, or (3) is not an immigrant as defined in section 3.

(d) The Secretary of Labor may admit to the United States any otherwise admissible immigrant not admissible under clause (2) or (3) of subdivision (a) of this section, if satisfied that such inadmissibility was not known to, and could not have been ascertained by the exercise of reasonable diligence by, such immigrant prior to the departure of the vessel from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, prior to the application of the immigrant for admission.

(e) No quota immigrant shall be admitted under subdivision (d) if the entire number of immigration visas which may be issued to quota immigrants of the same nationality for the fiscal year already been issued. If such entire number of immigration visas has not been issued, then the Secretary of State, upon the admission of a quota immigrant under subdivision (d), shall reduce by one the number of immigration visas which may be issued to quota immigrants of the same nationality during the fiscal year in which such immigrant is admitted; but if the Secretary of State finds that it will not be practicable to make such reduction before the end of such fiscal year, then such immigrant shall not be admitted.

( f ) Nothing in this section shall authorize the remission or refunding of a fine, liability to which has accrued under section 16. DEPORTATION SEC. 14. Any alien who at any time after entering the United States is found to have been at the time of entry not entitled under this Act to enter the United States, or to have remained therein for a longer time than permitted under this Act or regulations made thereunder, shall be taken into custody and deported in the same manner as provided for in sections 19 and 20 of the Immigration Act of 1917: Provided, That the Secretary of Labor may, under such conditions and restrictions as to support and care as he may deem necessary, permit permanently to remain in the United States, any alien child who, when under sixteen years of age was heretofore temporarily admitted to the United States and who is now within the United States and either of whose parents is a citizen of the United States.

MAINTENANCE OF EXEMPT STATUS. SEC. 15.

The admission to the United States of an alien excepted from the class of immigrants by clause (2), (3), (4), (5), or (6) of section 3, or declared to be a non-quota immigrant by subdivision (e) of section 4, shall be for such time as may be by regulations prescribed, and under such conditions as may be by regulations prescribed (including, when deemed necessary for the classes mentioned in clauses (2), (3), (4), or (6) of section 3, the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) to insure that, at the expiration of such time or upon failure to maintain the status under which he was admitted, he will depart from the United States. SEC 28.

As used in this Act-

(a) The term “United States,” when used in a geographical sense, means the States, the Territories of Alaska and Hawaii, the District of Columbia, Porto Rico, and the Virgin Islands; and the term “continental United States ” means the States and the District of Columbia;

(b) The term “alien” includes any individual not a native-born or naturalized citizen of the United States, but this definition shall not be held to include Indians of the United States not taxed, nor citizens of the islands under the jurisdiction of the United States;

(c) The term “ineligible to citizenship,” when used in reference to any individual, includes an individual who is debarred from becoming a citizen of the United States under section 2169 of the Revised Statutes, or under section 14 of the Act entitled “An Act to execute certain treaty stipulations relating to Chinese,” approved May 6, 1882, or under section 1996, 1997, or 1998 of the Revised Statutes, as amended, or under section 2 of the Act entitled “An Act to authorize the President to increase temporarily the Military Establishment of the United States,” approved May 18, 1917, as amended, or under law amendatory of, supplementary to, or in substitution for, any of such sections;

(d) The term “immigration visa” means an immigration visa issued by a consular officer under the provisions of this Act;

(e) The term “consular officer” means any consular or diplomatic officer of the United States designated, under regulations prescribed under this Act, for the purpose of issuing immigration visas under this Act. In case of the Canal Zone and the insular possessions of the United States the term “consular officer” (except as used in section 24) means an officer designated by the President, or by his authority, for the purpose of issuing immigration visas under this Act;

(f) The term “Immigration Act of 1917” means the Act of February 5, 1917, entitled “An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States”;

(g) The term “immigration laws” includes such Act, this Act, and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens;

(h) The term “person” includes individuals, partnerships, cor porations, and associations;

(i) The term “Commissioner General” means the Commissioner General of Immigration;

(j)The term “application for admission” has reference to the application for admission to the United States and not to the application for the issuance of the immigration visa;

(k) The term ” permit ” means a permit issued under section 10;

(l) The term “unmarried,” when used in reference to any as of any time, means an individual who at such time is not married, whether or not previously married;

(m) The terms “child,” “father,” and “mother,” do not include child or parent by adoption unless the adoption took place before January 1, 1924;

(n) The terms “wife” and “husband” do not include a wife husband by reason of a proxy or picture marriage.

Introduction

The United States of America is a nation founded by immigrants. Since its formation, the country has attracted millions of immigrants from all over the world. The Immigrant and Nationality Act (INA) is one of the most important laws governing the entry and presence of foreign nationals in the United States. The act was established in 1952 and has undergone several amendments since then. This article aims to provide an in-depth analysis of the Immigration and Nationality Act, including its history, key provisions, and its impact on immigration policy in the United States.

History of the Immigration and Nationality Act

The Immigration and Nationality Act is the culmination of several immigration laws that were enacted by the US government over the years. The first immigration law enacted by the federal government was the Chinese Exclusion Act of 1882. This act was designed to restrict Chinese immigrants from entering the United States. The act was followed by other laws such as the Immigration Act of 1917, which established literacy tests for immigrants and banned immigrants from certain countries.

However, it was not until the Immigration and Nationality Act of 1952 that a comprehensive immigration law was enacted. This law abolished the national origins quota system that was established in 1924 and was based on the country of origin of the immigrant. The law also established a preference system that prioritized family reunification, economic needs, and skills of immigrants.

The act has undergone several amendments since then, including the Immigration Reform and Control Act of 1986, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the Enhanced Border Security and Visa Entry Reform Act of 2002, and the REAL ID Act of 2005, among others.

Key Provisions of the Immigration and Nationality Act

The Immigration and Nationality Act outlines the procedures for immigration to the United States, including the types of visas available, the eligibility criteria for obtaining a visa, the procedures for applying for a visa, and the grounds for inadmissibility and removal.

The Act provides for two main categories of visas: immigrant visas and non-immigrant visas. Immigrant visas are designed for foreign nationals who intend to live permanently in the United States. Non-immigrant visas are for foreign nationals who intend to visit or work temporarily in the United States.

The eligibility criteria for obtaining a visa vary depending on the type of visa. The requirements for an immigrant visa include sponsorship by a US citizen, lawful permanent resident or US employer, family reunification, and certain skills or qualifications. The requirements for a non-immigrant visa include a valid purpose for visiting or working in the United States, sufficient funds to support oneself during the stay, and a willingness to depart the United States at the end of the authorized period of stay.

The procedures for applying for a visa include submitting an application to the US Citizenship and Immigration Services (USCIS), attending an interview at a US embassy or consulate, and providing supporting documentation such as a passport, medical examination, and police clearance certificate, among others.

Inadmissibility and Removal

The Immigration and Nationality Act lists several grounds for inadmissibility and removal. These include criminal convictions, health issues, security concerns, misrepresentation or fraud, and public charge.

A foreign national can be denied admission to the United States if they have been convicted of a crime involving moral turpitude, controlled substances, or domestic violence. Additionally, a foreign national can be removed from the United States for committing crimes, violating terms of their visa, engaging in activities that threaten national security, or overstaying their authorized period of stay.

Impact of Immigration and Nationality Act on Immigration Policy

The Immigration and Nationality Act has had a significant impact on immigration policy in the United States. One of the most significant impacts of the act has been the shift towards family reunification, economic needs, and skills-based immigration.

Family reunification has been one of the top priorities of US immigration policy since the Immigration and Nationality Act was established. The act provides for immigrant visas for immediate relatives of US citizens and lawful permanent residents. This has led to a significant increase in the number of family-based visas issued each year.

The act has also prioritized economic needs and skills-based immigration. The preference system established by the act provides for immigrant visas for individuals with certain skills or qualifications deemed necessary for the US economy. This has led to an increase in the number of employment-based visas issued each year.

The act has also had an impact on immigration enforcement and border security. The act provides for the inadmissibility and removal of foreign nationals who pose a threat to US security, have health issues, or have committed crimes. This has led to a significant increase in the number of deportations each year.

Finally, the act has had a significant impact on the political debate surrounding immigration policy in the United States. The act has been the subject of several heated debates, with some advocating for stricter immigration policies and others advocating for more lenient policies.

Conclusion

The Immigration and Nationality Act is a critical piece of legislation governing immigration to the United States. The act outlines the procedures for immigration, including the types of visas available, the eligibility criteria for obtaining a visa, the procedures for applying for a visa, and the grounds for inadmissibility and removal.

The act has had a significant impact on immigration policy in the United States, particularly in the areas of family reunification, economic needs, and skills-based immigration. The act has also had an impact on immigration enforcement and border security and has been a subject of political debate.

Overall, the Immigration and Nationality Act is a vital piece of legislation that continues to shape immigration policy in the United States. As immigration continues to be a hot-button issue in the United States, it is likely that the act will continue to undergo amendments and revisions to reflect the changing political and economic landscape of the country.

Link to the Full Text

https://immigration.laws.com/immigration-and-nationality-act-text

The Immigration and Nationality Act in the United States

The Immigration and Nationality Act, often referred to as the INA, is a federal law and a basic act of immigration law. Prior to the Immigration and Nationality Act, there were a variety of different statutes which governed immigration law but were not consolidated in one location.

The Immigration and Nationality Act is divided into different titles, chapters, and sections. While the Immigration and Nationality Act stands alone as a separate body of law, it is also found in the United States Code.  The different sections of the Immigration and Nationality Act can be found by using its U.S. Code citation, or the INA citation.

Today, the Immigration and Nationality Act governs almost all immigration issues. The Act prohibits employers from hiring undocumented workers knowingly and also requires employers to verify the identity and work eligibility of their employees as stated on the IRS Form I-9. Additionally, the act prohibits job discrimination on the grounds of immigration status.

The Immigration and Nationality Act of 1952

The Immigration and Nationality Act 1952 is also called the McCarran-Walter Act, was the first act which consolidated immigration law into one body.

President Truman was concerned about the Immigration and Nationality Act due to decisions to keep the quota system for national origins and to create quotas for Asian countries based on race. The president vetoed the act because he felt the bill was discriminatory. However, his veto was overridden by Congress with a vote in the House of 278 to 113 and a vote of 57 to 26 in the Senate.

Many of the earlier immigration policies were incorporated into this act. However, there were also many new policy changes including:

Eliminating gender discrimination and racial restrictions.

Readjusting the quota formula used to restrict immigrants from certain countries.

Creating selective immigration to aliens with certain skills and family members of American citizens and alien residents through quota preferences.

Creating a reporting system for United States aliens to report their current residence to the INS annually.

Creating a central index of aliens for use by enforcement and security agencies.

Allowing the government to deport naturalized citizens or immigrants who engaged in subversive activities.

Restricting suspected subversives individuals from entering the United States.

Expanding the United States to include Puerto Rick, Guam, and the Virgin Islands.

Immigration and Nationality Act Amendments of 1965

The Immigration and Nationality Act 1952 Act was amended many times, but the biggest changes were made with the amendments in 1965.

Major amendments to the Immigration and Nationality Act included the following:

Eliminating the quota based on national origins as well as the race, ancestry, or national origin as a foundation for United States immigration.

Created a preference for individuals with special occupational training, skills, or abilities as well as for those who were relatives of American citizens or permanent residents.

Established two different categories of individuals (immediate relatives of American citizens and special immigrants) who were not subject to numerical restrictions.

Kept the quota restriction but expanded the limits globally by limiting immigration from the Eastern Hemisphere and for the first time setting a ceiling on immigration from the Western Hemisphere. Neither the 20,000 per-country rule nor the preference categories were applicable to the Western Hemisphere.

Created a prerequisite visa issuance where an alien worker could not replace a worker within the United States nor affect the working conditions or wages adversely of those similarly employed in the United States.

Congress passed this amendment with a 326 to 69 vote in the House and a vote of 76 to 18 in the Senate. The bill was signed into legislation by President Lyndon B. Johnson July 1, 1968.

How the Immigration and Nationality Act Affects Employment

The Immigration and Nationality Act makes it illegal for an employer to hire individuals who are not authorized to work in the United States knowingly. The act also requires employers to look over documents and to confirm the identities and work eligibility of potential employees.  Employers can hire individuals whose documents prove both identity as well as work authorization. Many different combinations of documents are acceptable as long as they all seem to be genuine documents.

Another policy of the act states that employers must treat all employees and applicants equally, regardless of status. Employers cannot discriminate during the hiring, referring, recruiting, or firing process. They are also not allowed to retaliate against individuals or employees who have participated in an investigation against the employer for discrimination or against those who have filed a charge for discrimination. Immigration-related employment discrimination includes being discriminated based on citizenship status, national origin discrimination, nationality, birth origin, accent, language, or appearance.

If an employer fails to verify the employment eligibility and identity of his or her employees, the employer is subject to punishment by fine. The United States Congress established the Office of Special Counsel to handle unfair employment practices based on immigration. Specifically, they enforce the policies of the act and also educate the public regarding employment discrimination related to immigration status.

Since 1987, the Office of Special Counsel has received over 6,000 different charges of discrimination that involve either citizenship status or national origin. Since this time, the agency has also collected nearly $2 million in the form of back pay to compensate those victims of employment discrimination. They have also assessed over $1.3 million for violations of the antidiscrimination provisions of the act through civil penalties. The Office of Special Counsel serves all American citizens, permanent residents, asylees, and refugees. Many of the individuals being serviced are from Asia or Latin America, whether native-born American citizens or newcomers.

The Selective Service Act: History, Purpose, and Significance

As the United States sought to contribute to the Allied Powers in World War I, President Woodrow Wilson and the Congress passed the Selective Service Act in 1917, establishing the conscription of men into military service. The law aimed to provide the necessary manpower to fight the war while preserving the nation’s freedoms and principles. In this article, we delve into the history, purpose, and significance of the Selective Service Act.

The Historical Context of the Selective Service Act

Before the enactment of the Selective Service Act, the United States had maintained a small professional army and a volunteer-based National Guard system. When World War I broke out in Europe, the U.S. initially declared its neutrality but later recognized the importance of contributing to the allied efforts. In 1916, the National Defense Act expanded the federal power to create a larger and more sophisticated army. However, voluntary enlistment and National Guard recruitment proved inadequate, and the U.S. entered the war with far fewer soldiers than its enemies.

As a result, President Wilson and the Congress passed the Selective Service Act on May 18, 1917. The act required all men from ages 21 to 30 to register for potential military service, with some exemptions for physical or mental disabilities, essential occupations, and religious or ethical beliefs. Under this law, more than 10 million men registered, and 2.8 million were drafted to serve in World War I. The conscription allowed for a much-needed expansion of the American Expeditionary Forces, which helped the Allies achieve victory.

The Purpose and Significance of the Selective Service Act

The Selective Service Act had several purposes, both immediate and long-term. First and foremost, the law aimed to provide the U.S. military with enough troops to fight effectively in World War I. The war was a total war that relied on the full mobilization of a nation’s resources, including its population. By drafting millions of men, the Selective Service Act bolstered the U.S. military’s numbers and thereby its chances of victory.

Secondly, the Selective Service Act demonstrated the government’s power to mobilize citizens for a common purpose. Conscription was an extraordinary measure that required a significant amount of public support and government legitimacy. The U.S. government had to convince the population that conscription was necessary for the survival of the nation and its values. The Selective Service Act also helped overcome internal divisions by making all men liable for military service, regardless of race, class, or ethnicity.

Finally, the Selective Service Act had long-term consequences for the nation’s relationship to war and military service. The act established the tradition of the draft, which would be used in several subsequent conflicts, such as World War II, the Korean War, and the Vietnam War. The draft became a contentious issue in American politics, as it raised ethical, legal, and practical questions about the role of the state in individual lives, the nature of military service, and the morality of war.

Conclusion

The Selective Service Act was an essential piece of legislation in U.S. history, both for its immediate contribution to the victory in World War I and its long-term impact on American society and politics. The Selective Service Act demonstrated the government’s power to mobilize citizens for a common purpose, regardless of their differences, and established the tradition of the draft that would be used in future conflicts. The Selective Service Act was also significant because it raised ethical, legal, and practical questions about the relationship between the citizen and the state, the nature of military service, and the morality of war. Ultimately, the Selective Service Act remains an important reminder of the costs and challenges of mobilizing a nation for war.

What is the Selective Service Act of 1917?

The Selective Service Act of 1917 set up the system that gives the federal government the power to maintain a database of all male citizens and immigrants between the age of 18 and 25 for possible conscription.  In the event of the reinstitution of a military draft, the Selective Service database will provide the information of men to be conscripted.

Why do I register for the Selective Service?

Regardless of political views or personal philosophy, registration with the Selective Service is mandatory 30 days after a male citizen or immigrant turns 18.  Failure to register with the Selective Service will disqualify the individual from receiving federal aid, such as student loans and grants.  Additionally those that do not register with the selective service are not eligible for federal employment and immigrants will not be eligible for citizenship.  Prosecution of individuals that do not register stopped in the 80s owing to the difficulty of proving that the failure to register was willful.  One can only be punished for failing to register if the government can prove that the non-registration was willful and the individual was well aware of the legal obligation.

Who has to register for the Selective Service?

There are very few exceptions to the Selective Service registration requirements.  Conscious objectors must register and can only note their objection to military service in the event that they are called for a draft.  All male immigrants of the appropriate age must register, including refuges and illegal immigrants.  The Selective Service does not investigate immigration status, but failure to register can disqualify any type of immigrant from future US citizenship.

Men with disabilities must also register as the system makes no differentiation.  If the draft were to be called, all potential recruits would be subject to examination, where they are likely to receive and exemption.  As long as the disabled man lives at home and can leave the house on his own accord, he must register.  Disabled men in institutions and hospitals need not register.

Men already in the military or in military academies do not need to register, although if they leave the service before they turn 26, they must register.  Non-immigrants, such as international students and tourists need not register for the Selective Service.

Males at least 17 years and 3 months can begin to register for the Selective Service with the information automatically added to the system once they turn 18.

How do I register for the Selective Service?

There are several ways to register for the Selective Service.

Generally, a man may go to the Post Office and fill out the form there, leaving the SS# space blank until he manages to obtain one.  The forms are available at all US Post Offices.

High School students may register at their school with a staff member that is a Selective Service Registrar, who trained and authorized to help students register in the system.

For college students, the easiest method is to fill out a Federal Student Financial Aid (FAFSA) application, usually required by most schools and “checking” Box 22 on the form to register.  Further instructions will be sent by the Department of Education.  For those filling out the form online, they will be directed to the Selective Service website with instructions.

Additionally, all males may register online at the Selective Service System website:

(https://www.sss.gov/RegVer/wfRegistration.aspx)

How would the Selective Service be used in the event of a draft?

If a draft were to be called by the President and approved by Congress in a time of crisis, then conscription will be used to bolster the volunteer army.  Selected Service Offices and Boards on the local and district level will be activated for the purposes of administering the draft.

A lottery will be organized and individuals will be drafted in order of age, with 20 year olds eligible for drafting first, picked by a lottery ball that corresponds to their date of birth.  The lottery then proceeds to 21, 22, 23, 24 and 25 year olds.  It will be rare to have a situation where 18 and 19 year olds are drafted, but their lottery order will proceed after the 25 year olds.  The lottery is a new provision to ensure fairness in drafting individuals and ending arbitrary terms in selecting individuals to be drafted.

After the conscripts are selected, the applicants must report for examination.  Should they pass the physical examination, the conscript will have ten days to file for an exemption, postponement or deferment.  All conscripts have the right to meet with the local board before being inducted to the military.  In the event that no exemption has been filed or that the claim has been denied, a local Selective Service Board will issue notices for the male to report for military induction at a processing station.  This entire process must take no more than 193 days to deliver recruits to the military.

How would one avoid military service if selected by the Selective Services?

There exists the process for men that pass medical evaluations to apply for certain classifications that would exempt them from military service.  These classifications include:

• 1-O Conscientious Objector- conscientiously opposed to both types (combatant and non-combatant) of military training and service – fulfills his service obligation as a civilian alternative service worker.

• 1-A-O Conscientious Objector – conscientiously opposed to training and military service requiring the use of arms – fulfills his service obligation in a noncombatant position within the military.

• 2-D Ministerial Students – deferred from military service.

• 3-A Hardship Deferment – deferred from military service because service would cause hardship upon his family.

• 4-C Alien or Dual National – sometimes exempt from military service.

• 4-D Ministers of Religion – exempted from military service.

Unlike previous wars, college students may no longer avoid military service by remaining in college until the age of 26.  The regulations defer the draft process until after the end of the current semester.

Conscientious Objectors must prove that the beliefs that bar him from military service play a central role in his life before the local board.  These beliefs are usually but not always religious and can be moral or ethical.  The reasons for objection cannot be political or motivated by self-interest.  The person’s lifestyle must reflect their beliefs.  An appeal can be filed with the Selective Service District Appeal board and the appeal may even proceed as high as the National Appeal Board if the district decision is not unanimous.

Some aliens, via treaty agreements with their home country can be exempted from American military service, although this option usually disqualifies that alien from US citizenship and reentry into the country.

What is Alternative Service?

Men that successfully receive conscientious objector status are placed the in the Selective Service Alternative Program.  From there, they will need to perform service vital to national health or safety.  This includes conservation, elder care, education and healthcare and typically lasts for 24 months.

What is the JAMRS?

Data collected from Selective Service is provided to the Joint Advertising Marketing Research & Studies, which is a Pentagon database of 16-25 year olds that collects personal information for recruitment purposes.  Data is also cleaned from the DMV and the College Board.  With this data, which includes racial and ethnic information, the Federal government will target individuals for recruitment.  Individuals can opt out of the database by sending a form letter (found here at www.nyclu.org/milrec/jamrs) directly to the program office.  The legality of this database was upheld in the court decision Hanson v. Rumsfeld although the DoD made concessions to enable opting out of the database and to “stop collecting Social Security Numbers, keep student information for only three years, restrict the ages of students included in the database, and maintain better privacy standards for student information.”

Source:

https://www.nyclu.org/milrec/jamrs

www.sss.gov

U.S. Committee for Refugees and Immigrants marks World Refugee Day

Every year, on June 20, the United Nations marks World Refugee Day. The day is aimed at raising awareness about the plight of refugees and the need to protect their rights. To commemorate the day, the U.S. Committee for Refugees and Immigrants (USCRI) organizes events and activities to support refugees and raise public awareness about their challenges.

What is the U.S. Committee for Refugees and Immigrants?

The U.S. Committee for Refugees and Immigrants is a non-profit organization that provides essential services and support for refugees, asylees, and immigrants. The organization aims to advance the rights and well-being of these individuals and help them rebuild their lives in the United States.

The USCRI partners with government agencies, non-profit organizations, and other stakeholders to provide legal, social, and economic support to refugees. The organization also provides educational resources for refugees and promotes policies that protect their rights.

USCRI’s initiatives for World Refugee Day

To celebrate and raise awareness about World Refugee Day, the USCRI has organized various initiatives:

1. Refugee Voices Project: This project aims to raise awareness about the experiences of refugees and their journey to the United States. Through this initiative, USCRI highlights the voices and stories of refugees and recognizes their contributions to society.

2. Virtual walk & run: In partnership with the Refugees International, the USCRI organizes a virtual walk and run to raise funds for refugees. Participants can register and complete the walk or run on their own time and raise funds to support USCRI’s programs.

3. Educational resources: The USCRI provides educational resources for schools, universities, and other organizations to raise awareness about refugees and their challenges. These resources include documentaries, research reports, and educational toolkits.

4. Advocacy campaigns: The USCRI also engages in advocacy campaigns to promote policies that protect the rights of refugees and immigrants. The organization advocates for legislative and administrative changes that improve the lives of refugees and asylum-seekers.

Why is World Refugee Day important?

World Refugee Day is an important day as it highlights the plight of refugees and reminds us of their challenges. According to the United Nations, there are over 26 million refugees worldwide who have been forced to flee their homes due to persecution, conflict, or violence. These individuals face numerous challenges such as lack of access to basic resources and services, discrimination, and trauma.

World Refugee Day provides an opportunity for us to stand in solidarity with refugees and support their rights. It also reminds us of the importance of promoting and protecting human rights, particularly for vulnerable communities.

Conclusion

The U.S. Committee for Refugees and Immigrants plays a vital role in supporting refugees and advocating for policies that protect their rights. Through its initiatives for World Refugee Day, the organization raises awareness, mobilizes support, and promotes policies that improve the lives of refugees and immigrants. World Refugee Day provides us with an opportunity to reflect on the challenges faced by refugees and take action to support them.

On December 4, 2000, the United Nations declared June 20 to be World Refugee Day. World Refugee Day is a global event that aims to raise awareness of the plight of the tens of millions of refugees and internally displaced persons around the globe. Beyond aiming to raise awareness, World Refugee Day is a great opportunity to honor the courage and determination of refugees the world over.

One organization here in the United States that has been a champion for refugee rights is the U.S. Committee for Refugees and Immigrants (USCRI). Founded in 1911, USCRI serves uprooted people, regardless of their race, nationality, ideology or social group. It provides opportunities and tools for both refugees and immigrants nationally, fights the warehousing of refugees globally, serves victims of human trafficking and advocates to protect the rights of unaccompanied immigrant children.

(More on News at LAWS.com, contact Adam for interviews “adama@laws.com”)

The following is an interview conducted by laws.com with Roberto Ponce, Director of Communications, and Ana White, Director of Government and Community Relations at USCRI, on how they are celebrating World Refugee Day and what USCRI is doing to help raise awareness of the plight of refugees and what you can do to help.

Often times when people hear the term ‘refugee’, their mind conjures up images of displaced persons living in camps in some far off corner in Africa. However, there are many refugees seeking shelter in the United States, aren’t there?

There are many refugees seeking protection in the United States and other countries. Unfortunately, only about one percent of them have a chance to start a new life in a new country through resettlement. We are projected to receive 70,000 refugees and 4000 Special Immigrant Visa holders in the United States this year.

Eight million out of the world’s 16 million refugees are warehoused – which means they live in a refugee camp. Many of them are living in terrible conditions and this must end!

Is USCRI launching any special projects or initiatives in celebration of World Refugee Day?

World Refugee Day is a great opportunity to call attention to the pleas of refugees around the world! So this year we are actually going to be focusing on refugee women and girls. Most refugees are women and children, and women and girls are impacted in many ways and face tremendous barriers in terms of accessing services from healthcare to education. They are also often victims of abuse and sexual based violence. USCRI is trying to bring attention to their needs and ensure that there are adequate programs servicing the needs of refugee women and girls.

We are also highlighting the courage and resilience of refugee women and girls. So this World Refugee Day, we are highlighting five stories of five refugee women who were resettled by USCRI and by our partner agencies and offices in five different locations. The stories chronicle the moment they fled their country of origin, and the courage they had and how they used that to succeed and integrate in the United States. These stories are essentially messages of hope, and will give a human face to the issue of resettlement.

This is what USCRI is doing in the DC office, but our field offices have many other amazing plans for World Refugee Day. Our Field offices are holding events that not only bring together refugees, but also bring together the communities that welcome refugees. For example in our office in Dearborn Michigan there will be a refugee celebration that will feature an Iraqi band that will perform in both English and Arabic. Our Albany office is hosting a World Refugee Picnic, a very popular event, where people bring food and games so the community can get a taste of different cultures. And our Des Moines office is hosting a farmers market where refugees can sell and showcase foods and produce from their culture.

All these events have occurred over this past week, and they are events that try to engage the community and the refugees living within them.

How can the public get involved in helping USCRI in its mission to provide aid to countless, vulnerable refugees?

There are a number of ways the public can get involved to help refugees in their own community. Donated items such as clothes, furniture and personal hygiene products are in high demand. Job training programs and English language programs are also needed. You can help by donating directly to USCRI to fund these critical programs. People are encouraged to visit www.refugees.org/donate to support the work we do and to learn more about donating items to local offices.

You can be confident that USCRI uses your donation responsibly because 97 percent of every dollar donated is spent directly on programs to help refugees. We have top ratings from the Better Business Bureau and Charity Watch. Whether you want to donate time, talent or money you can contact your local USCRI office to make a difference on World Refugee Day.

For more information on USCRI, please visit their site. For more information on immigration laws and news, please visit our Immigration Laws Page. 
Interviewed with Roberto Ponce, Ana White, Washington, D.C. by Adam Abdelaziz.

ISAAC – Approaching the Issue of Immigration the Christian Way

Introduction

Immigration is a complex issue that affects many nations worldwide. Many countries have been grappling with issues surrounding immigration for many years. The immigration process has undergone many changes over the years, and it affects various aspects of a society, including the economy, identity, and justice. The Christian community is not immune to these effects, and Christians should be at the forefront of finding solutions and making a positive difference.

The Immigration Story

Throughout history, the United States has been a land of immigrants. People from all over the world have come to America in search of a better life, improved opportunities, or to escape persecution in their homelands. According to the Pew Research Center, there were approximately 44.9 million immigrants in the United States as of 2019, representing 13.7% of the population (Cohn, Passel, & Gonzalez-Barrera, 2020). At times, however, immigration has been met with resistance, revealing deep-seated fears and prejudices regarding the perceived negative impact of immigration on the economy, culture, and identity.

The Christian Response

The Christian response to immigration should be shaped by the principles of love, compassion, and justice. As followers of Christ, Christians are called to love their neighbors as themselves and to treat others with dignity and respect. Several Christian organizations have taken up the mantle of advocating for immigrants’ rights and supporting them in various ways. One such organization is ISAAC.

The International Society for Alienated and Marginalized People (ISAAC) is a Christian organization committed to serving refugees and immigrants worldwide. ISAAC was founded in 1984 by Dr. Kenneth Mitchell, a former missionary in the Philippines who saw a need to assist refugees in the Philippines and help them resettle in other countries. The organization has since expanded to serve refugees and immigrants globally, partnering with churches and other organizations to provide assistance, advocacy, and awareness.

Principles Guiding ISAAC

ISAAC’s mission is based on the following principles:

1. Love. ISAAC believes that love is the foundation for all Christian work and ministry, and that Christ’s love should be extended to all people, regardless of race, culture, or religion.

2. Compassion. ISAAC is driven by a deep sense of compassion for the plight of refugees and immigrants and seeks to provide practical assistance and support to help them integrate into their new communities.

3. Justice. ISAAC believes that justice is a fundamental biblical principle and that Christians have a responsibility to advocate for the rights of those who are marginalized and oppressed.

ISAAC’s Approach to Immigration

ISAAC’s approach to immigration is guided by the above principles and informed by the organization’s experiences working with refugees and immigrants. The following are some ways ISAAC approaches immigration.

Advocacy

ISAAC believes in advocating for the rights of refugees and immigrants. This includes lobbying governments and other organizations to enact policies that protect refugees’ and immigrants’ human rights. ISAAC advocates for policies that promote family reunification, protect refugees’ and immigrants’ rights to work and access to education and healthcare, and ensure the safe and dignified return of people who flee their homes due to conflict or persecution.

Awareness

ISAAC seeks to raise public awareness about the plight of refugees and immigrants. The organization conducts awareness campaigns and training programs for churches and other organizations, which aim to increase understanding of refugees’ and immigrants’ situations. ISAAC’s goal is to sensitize people to the issues surrounding refugees and immigrants, dispel myths and stereotypes, and promote greater compassion and understanding.

Assistance

ISAAC provides practical assistance to refugees and immigrants. The organization helps refugees and immigrants access basic needs such as food, shelter, and clothing, as well as job training and placement, legal assistance, and language classes. ISAAC enlists the help of volunteers from local churches and other organizations to provide support and care to refugees and immigrants.

Conclusion

The issue of immigration is complex, and its effects are far-reaching. In addressing the issue, Christians should be guided by the principles of love, compassion, and justice. ISAAC is one Christian organization that has taken up the mantle of advocating for refugees and immigrants’ rights and providing practical assistance and support. Christians must continue to embrace the call to love our neighbors and to serve the marginalized and oppressed.

The Gang of Eight senators set out to reform the immigration system in profound ways through the immigration reform legislation that is being debated the Senate. The bill aims to increase border security, expand legal immigration for a decade, and, controversially, grant legal status to the 11 million undocumented immigrants in the United States. It is especially this last provision which has gained the support of many religious and social justice organizations.

(More on News at LAWS.com, contact Adam for interviews “adama@laws.com”)

Once such organization is  a collaborative ministry between Baptist University of the Américas and the Baptist General Convention of Texas that is called the Immigration Service and Aid Center (ISAAC). It seeks to properly equip ministries and other organizations with the tools to cater to the needs of the immigrant community. Naturally, ISAAC tackles the issue of immigration and immigrants from a Christian perspective.

The following is an interview with Dr. Jesus Romero, Project Coordiantor of ISAAC and Professor of Spanish and Chair of the Department of Modern Languages at Baptist University of the Américas,  who speaks to laws.com about ISAAC’s views on immigration reform.

How do you feel about the immigration-reform bill being debated in the Senate?

I feel hopeful, perhaps guardedly hopeful, but nonetheless hopeful. This is the closest we have been to a reform of any kind! Even though the proposal is not perfect, I am hopeful about the positive elements in the bill.

What are some of the key changes you would like to see happen to U.S. immigration policy?

One element of concern to us at ISAAC is family unity. Although this bill puts people on a pathway to citizenship, we are a bit concerned that some preference categories may be eliminated. Not that we do not want more skilled people, that makes sense from an economic perspective, but, from a pastoral perspective, we do not want to see families in any form of disunity, so I wish this portion of the bill was more generous.

How are you addressing the issue of immigration from a Christian perspective?

When one starts taking a serious look at the Bible, one realizes that the history of faith is a history of migration. It is a story of different migrations, going all the way back to Adam and Eve migrating from the Garden of Eden to Earth. Abraham himself was an immigrant from present-day Iraq who was called by God to leave his place and go somewhere else where he would be a blessing to the nations.

Jesus Christ himself migrated from Heaven to Earth to become a man and reconcile all men to God. His incarnation takes place as a cosmic migration of sorts, but no sooner does he get to Earth does he get persecuted by an evil king trying to kill him, so his family is forced to take him and migrate to Egypt!

Jesus teaches to love others the way we love ourselves. The story that demonstrates this is that of the Good Samaritan. A Samaritan, a man part of a culture despised by mainstream Jewish culture at the time, is the one who helps a man in need on the road. The migrant is the good samaritan of our day.  He is our neighbor, and just like us, he is created in the image of God.  As Christians, we must love this stranger as we love ourselves.

What are some of the accomplishments of ISAAC?

Our best accomplishment has been in the area of training. Part of our mandate is to help other churches and other nonprofit religious organizations go through process of recognition and accreditation  with the Board of Immigration Appeals so they can provide legal services to immigrants.

What are some of the future plans for ISAAC?

We decided to apply for our own accreditation and recognition with the Board of Immigration Appeals, which was granted last April! We are planning on opening an office on the campus of Baptist University of the Américas. Beyond this, we want to expand our training so that we train in more places in Texas and elsewhere in the nation.

For more information on ISAAC, please visit their site.  For more information on immigration law and news, please visit our Immigration Laws Page.

Interviewed with Jesus, Romero, San Antonio, Texas by Adam Abdelaziz

Alabama’s new immigration law, harshest yet in the state, requires for anyone who cannot prove that they are legal in the country to be arrested. The new policy goes as far as to have schools check the status of its students, although they are still allowed to attend school, many are outraged by the practices.

Chief Deputy Randy Christian is wondering where to place the detainees as the jails are already suffering from overcrowding.

The new law threatens financial struggle to the the farming industry as most of the labor is done by illegal immigrants.

Obama administration acted to appeal the strict Alabama immigration law but we have yet to see how it will affect the situation. As of right now it is better to carry your ID with you or think about moving out of state if you do not have one.

The immigration reform legislation that has been introduced by the bipartisan Gang of Eight senators is now being marked up the Senate Judiciary Committee. It has proposed a total of 300 amendments to the 844 page bill. These amendments are certainly as diverse as the political ideologies of the senators who put them forth, ranging from protections to gay couples to efforts to increase border security. The obvious goals of some of the amendments are to dismantle the provisions in the legislation that would create a path to citizenship for the 11 million undocumented immigrants. However, most observers have stated that it is not very likely for the basic composition of the bill to change significantly, as its bipartisan supporters are likely to stick together to stop any major changes.

(More on  News at LAWS.com, contact Adam for interviews “adama@laws.com”)

The Republican side has proposed the bulk of the amendments – 194 of the 300 total – and most of these aims to further secure the American border. Republican Sen. John Cornyn of Texas submitted a lengthy plan, 70 pages long, to beef up border security and make it much more difficult for undocumented immigrants to get on the controversial path to citizenship. Other amendments proposed by Democrats, such as the amendment proposed by Democratic Sen. Patrick Leahy of Vermont that would make foreign born same-sex partners of American citizens eligible to apply for a green card, are also controversial.

The original legislation that was introduced by the Gang of Eight aims to expand legal immigration over the next decade, increase border security, and provide a path to citizenship to the 11 million undocumented immigrants in the country. This last provision in particular has naturally gained the support of many social justice and civil rights organizations, although some have voiced strong opposition to the length of time undocumented immigrants must wait before applying for citizenship, which is proposed to be 13 years. The bill also has provisions that aim to help refugees settle and integrate into American society.

It is these provisions specifically addressing the needs of refugees that have gained the support of the Refugee Council USA (RCUSA). RCUSA was founded in 2000 and it is a coalition of American NGOs dedicated to the protection of refugees. RCUSA provides advocacy on issues affecting the rights of asylum seekers, refugees, displaced persons, victims of torture and victims of trafficking in the United States and globally. RCUSA also serves as the main consultative forum for national refugee processing and resettlement agencies as they create common policies, conduct their relations with the American government and other strategic partners and enhance and support refugee service standards.

Laws.com conducted the following interview with Erol Kekic, RCUSA Chair and Director of the Immigration and Refugee Program at World Church Service, on RCUSA’s stance on the current immigration reform bill.

How do you feel about the immigration-reform bill being debated in the Senate?

Well, this is a long overdue issue. We have been very actively engaged, both directly through RCUSA as well through individual member activity, in trying to work towards the goal of having this bill finally introduced. We are very excited and optimistic, however cautiously, and look forward to working with the Senate and the House, as well as the administration, to make sure this bill becomes law.

What are some of the key changes you would like to see happen to U.S. immigration policy?

Firstly, I think it is incredibly important to balance the issues of national security and humane treatment of immigrants. However, the humanitarian nature of this bill should not be sacrificed in order to add additional security measures to already safe borders.

Immigration reform is necessary to make our nation’s immigration system more efficient, fair and secure. We strongly support the key reforms in the Senate Bill that would improve the lives of asylum seekers, refugees and the US communities that welcome them.

We are excited about the potential that 11 million undocumented immigrants bring to the US economy.

We are very optimistic about the provisions in the bill relating to refugee programs, especially Subsection E, where the important issue of refugee and immigrant integration is described. The Senate’s proposed legislation would transform USCIS’ Office of Citizenship into an expanded Office of Citizenship and New Americans that would be tasked with filling the void in coordination of integration programming, and bringing efficiency to federal programs affecting New Americans. The Bill further proposes creation of an innovative private-public partnership, the U.S. Citizenship Foundation, which would assist the federal government in meeting the civic integration needs of newcomers in a more cost-effective manner. The USCF would be authorized to accept private donations, which would be used to underwrite immigration, naturalization, and immigrant integration assistance; and to develop creative solutions to reduce barriers to naturalization. The USCF would also provide financial support to two competitive grants programs: the Initial Entry, Adjustment, and Citizenship Assistance (IEACA) Grant Program for eligible public or private nonprofit organizations to provide direct assistance to immigrants applying for immigration services; and a pilot grant program that would expand the capacity of local and state entities to help integrate new immigrants. This alone would be a great help with the argument that refugee resettlement is only a lifesaving program if we actually admit people – and with more resources to integrate them, receiving communities will be better prepared to extend the welcome.

There is a provision in this bill that would give the president authority to designate a group for resettlement for humanitarian reasons or if there is a national interest in doing so. However, is there not a danger that lobbying and politics will now start playing a greater role in determining which groups of refugees should be admitted, rather than a true need for help?

Well, I do not think what is being proposed in the bill is very radically different from what we already have in place. There is a process by which the State Department consults with the public and then makes recommendations for the president, who then in turn determines the annual admission ceiling and the makeup of populations to be considered for resettlement.

The information about groups who are to be considered for resettlement is debated quite vigorously with the State Department and national and local organizations, as well as the UNHCR. The guiding star is who needs the most help. So I am not concerned about the decision being politicized.

What we would like to see, however, is a real commitment to increase the refugee ceiling in years to come, because we have more capacity than is being utilized at this point in time. Secondly, we would like to see more resources dedicated to the domestic programs, because we do believe the Office of Refugee Resettlement is struggling with managing its multiple mandates with very limited resources. This impedes integration, and if integration is indeed the final goal of refugee resettlement, then we need to be able to measure that integration.

What are some of the major accomplishments of Refugee Council USA?

I think the biggest accomplishment over the last ten years or so is that the (refugee resettlement) program has stayed alive. I think it would not necessarily be so without the direct engagement of the members of the RCUSA. We have 25 members that represent a fairly wide cross section of American society. We have faith groups, secular agencies, large international NGOs and very small one-issue dedicated community based organizations.

Another accomplishment is that by working with the State Department, and other partners, we have raised the annual number of refugee arrivals to 70,000. We have recognized that our colleagues at the State Department have worked hard and created a pipeline that is steady and orderly, making programming on domestic side easier to manage.

If this legislation does not pass, what would be the next step for Refugee Council USA?

Well, we are here to stay! We believe that we represent a vast constituency in the United States and this constituency wants us to do this work on their behalf.

The RCUSA itself has been around since 2000, but some of the agencies that compose the RCUSA have been around for 130 years and others for somewhat less than that. The cross cut of our membership really wants us to be very intent on continuing to offer safe haven for refugees and those oppressed across the globe.

If the bill does not pass, we will try to work with the administration and Congress to create alternatives. That would mean we would look at individual pieces of legislation which would not necessarily be as comprehensive as the current Senate Bill, but would target specific needs of the populations that are coming in.

The refugee program has changed dramatically over the past 10 or 15 years because we have moved from resettling political exiles from Eastern Europe who were fleeing communism, to turning this program into a humanitarian lifesaving operation that brings in the most vulnerable. The United States is the only major resettlement country that does not take the integration potential of newly arriving refugees into consideration when they make their determination of who is to be admitted. That decision is based solely on the vulnerability . That is something we should be extremely proud of, because no other major resettlement country does it that way. We need to preserve that. And our membership is definitely dedicated to doing so in years to come.

For more information on Refugee Council USA, please visit their site. For more information on immigration law and news, please visit our Immigration Laws Page.

Interviewed with Erol Kekic of Refugee Council USA, New York, New York

Champions of Refugee Rights – The Refugee Council USA

Introduction:

The Refugee Council USA (RCUSA) is an umbrella organization that represents its member organizations in advocating for the protection and rights of refugees and asylum seekers in the United States. The RCUSA was founded in 2000, and since then, it has been actively working to provide support to refugees and lobby for refugee and asylum policies that are just and humane. This article discusses the significant contributions of the RCUSA in championing refugee rights in the United States.

Advocating for refugee rights:

The RCUSA has been advocating for refugee rights by building a national network of organizations that work together to protect the rights of refugees and asylum seekers. The RCUSA works closely with policymakers and government officials to ensure that refugee policies are fair, just, and humane. RCUSA participates in congressional hearings, briefings, and meetings with policymakers to bring the voices of refugees to the forefront of the policy discussions.

Raising awareness:

The RCUSA raises public awareness about the refugee crisis and advocates for the protection of refugees and asylum seekers. The RCUSA media campaigns aim to educate people about the experiences of refugees, including the challenges they face and the services available to support them. These campaigns create an environment of understanding and empathy, which encourages policymakers to create an inclusive refugee policy.

Supporting integration:

The RCUSA provides a range of services to refugees and asylum seekers to support their successful integration into American society. The RCUSA has developed an extensive network of community-based organizations that offer services such as language classes, employment support, counseling, and legal assistance. These services help refugees and asylum seekers to access the support they need to rebuild their lives and to become self-sufficient members of American society.

Promoting policy change:

The RCUSA has been working to promote positive refugee policies that are just and humane. The RCUSA has called for the expansion of refugee resettlement, comprehensive refugee protection, and an increase in funding for refugee assistance programs. The RCUSA has also been working to promote access to asylum and to ensure that the rights of asylum seekers are protected.

Conclusion:

The Refugee Council USA has been at the forefront of the efforts to champion the rights of refugees and asylum seekers. The RCUSA’s advocacy for fair and just refugee policies has helped to make a difference in the lives of thousands of refugees who have resettled in the United States. While much remains to be done to address the challenges facing refugees and asylum seekers, the RCUSA’s efforts have made a significant contribution to creating a more welcoming, just, and inclusive society.

Introduction

In the late 18th century, the United States of America was still an infant country struggling to define its national identity. It was during this period that the Alien and Sedition Acts were passed by the Federalist-controlled Congress and signed into law by President John Adams. These laws marked a significant departure from American political tradition, blurring the line between legitimate dissent and criminal sedition. The Alien and Sedition Acts have since become a landmark moment in American history, raising important questions about the scope and reach of federal power.

What were the Alien and Sedition Acts?

The Alien and Sedition Acts were a series of four laws passed by the U.S. Congress in 1798. They were enacted under the administration of President John Adams and were designed to protect the newly formed nation from foreign subversion and internal dissent. The four laws were:

1. The Naturalization Act – This law increased the residency requirement for aliens to become citizens from 5 to 14 years and authorized the president to deport any alien deemed dangerous to the security of the nation.

2. The Alien Friends Act – This law allowed the president to deport any alien considered a threat to national security during peacetime without a trial or due process.

3. The Alien Enemies Act – This law allowed the government to deport aliens from hostile nations during wartime and to detain them for the duration of the conflict.

4. The Sedition Act – This law made it a crime to criticize the President or Congress and imposed fines and imprisonment for anyone found guilty of such offenses.

Reasons for the Alien and Sedition Acts

The Alien and Sedition Acts were passed in response to a number of perceived threats to American national security. At the time, tensions were high between the United States and France, which had recently declared war on Great Britain. The French Revolution had also raised concerns about potential political instability and the spread of radical ideas.

The political climate in the U.S. was also becoming increasingly turbulent, with bitter partisan disputes between the Federalist Party, which controlled the government, and the Democratic-Republicans. The Federalists believed that the Sedition Act was necessary to stifle dissent and protect the government from opposition, while the Democratic-Republicans viewed it as an attack on the First Amendment right to free speech.

Controversy and Criticism

The Alien and Sedition Acts were immediately controversial and triggered a wave of opposition from both politicians and citizens. The Sedition Act, in particular, came under heavy criticism for its oppressive impact on free speech and the press.

Many Americans saw the Sedition Act as a flagrant violation of the First Amendment, which guaranteed the right to free speech and a free press. Several newspaper editors were arrested and tried under the law, including the renowned political journalist James Callender, who accused President John Adams of being a hoary-headed incendiary, who wished nothing more than to see the government overturned.

The Alien Acts also drew criticism for their perceived targeting of immigrants and for being a thinly disguised attempt to suppress opposition to the Federalist Party. The Naturalization Act, in particular, was seen as an attempt to limit the political power of immigrants, who tended to support the Democratic-Republicans.

Repeal and Legacy

The Alien and Sedition Acts proved to be highly controversial and politically divisive, and their impact on American society and politics was significant. Despite widespread opposition, the laws remained in effect for several years, and their legacy continues to shape the debate over the limits of federal power and freedom of speech in the United States.

The Alien Friends Act expired in 1800, while the Naturalization Act was amended in 1802 to revert back to the original 5-year residency requirement. The Sedition Act expired in 1801, but by then it had already had a profound impact on American political and legal philosophy. The Supreme Court case of Marbury v. Madison, decided in 1803, established the principle of judicial review and put the judiciary on an equal footing with the other branches of government.

Conclusion

The Alien and Sedition Acts represent a critical moment in American history, raising important questions about the balance between national security and individual freedoms. They were passed during a time of great uncertainty and political turbulence, and their lasting impact underscores the importance of adhering to the principles of free speech and the rule of law. Despite the controversy and criticism that surrounded their passage and implementation, the Alien and Sedition Acts remain a crucial part of the American political and legal heritage.

What is the Patriot Act?

Introduction to Patriot Act

The USA PATRIOT act is an acronym that stands for the “Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001” which granted American law
enforcement unprecedented rights to gather intelligence and abridge civil liberties in the face of the terrorist threat to the United States.  The Patriot Act was passed by Congress by overwhelming margins in 2001, renewed in 2006 and once again extended by President Obama in 2011.

Provisions of the Patriot Act

There are ten parts to the Patriot Act, each concerning a different aspect of anti-terrorism efforts.  Only sections that remain in effect will be listed as many of the original sections expired in 2006.  Provisions of the Patriot Act were subject to sunset clauses, or a mandatory expiration by a certain date, requiring those provisions to be re-approved.

Title I of Patriot Act: Enhancing Domestic Security against Terrorism

Section 101 of Patriot Act – provides for an unlimited Counterterrorism Fund to compensate the Department of Justice for costs of assessing terror threats, paying rewards to informants and rebuilding facilities destroyed by terrorist attacks

Section 102 of Patriot Act – affirms the civil rights of South Asian, Arab and other Muslims in the United States
and condemns post-9/11 retaliation against these groups.  This section rejects collective responsibility for wrongdoing and affirms that these groups will be treated as individuals.

Section 103 of Patriot Act – Promises $200 million to the FBI for a Technical Support Center

Section 104 of Patriot Act – Allows for the intervention of military troops, with the consent of the Attorney
General, in the event non-chemical weapons of mass destruction are used against Americans domestically or abroad.

Section 105 of Patriot Act – Assigns the Secret Service with the task of creating a National Electronic Crime Task
Force for preventing fiduciary damage against the electronic finance systems

Section 106 of Patriot Act – The President is allowed to investigate the transactions of foreign nationals and countries and seize their assets, without due process if they participate on an attack against the United States.

The content of these sections represent an increase in Presidential power and the authorization of various
government agencies to investigate possible terrorist activity in the United States.

Title 2 of Patriot Act: Enhanced Surveillance Procedures

Section 203a/c of Patriot Act – Streamlined procedures to disclose information between the courts and the government during grand jury deliberations or proceedings.  Subsection c gave the authority to the Attorney General to establish the procedures by which this information is disclosed.

Section 205 of Patriot Act – Grants the FBI the power to employ translators to support counter terror operations
without typical limitation and regulations set on typical federal employees.  The Director of the FBI must
regularly disclose the number of translators employed in this manner to Congress.

Section 208 of Patriot Act – Amended from the original to require 11 (formerly 7) judges to review a surveillance order, with three judges living within 20 miles of the capital.

Section 210/11 of Patriot Act – Affirms the right of the government to force a communications provider to hand over records of electronic communication.

Section 213 of Patriot Act – The government may conduct searches without immediately notifying the suspect of
the warrant.  This is viewed as necessary to prevent the tipping off of co-conspirators.

Section 216  of Patriot Act – Limits the use of electronic surveillance equipment in investigations

Section 219 of Patriot Act – Allows judges to issues search warrants both in and outside of the jurisdiction that
pertain to a terrorism investigation.

Section 221 of Patriot Act – Refers to trade sanctions against state sponsors of terrorism, weapons proliferation and drug trafficking.

Section 222 of Patriot Act – Limits the degree of cooperation of a telecommunications provider and law enforcement to the provisions of the Patriot Act alone.

Title II has previously given sweeping power to federal authorities to intercept communications that might be related to terrorist plots but many of those provisions have since expired.  There are now limitations on the use of surveillance devices and the ability of law enforcement to conduct searches.  Many of the provisions, such
as delayed notifications of warrants apply in domestic law as well.  Ongoing investigations started prior to 2006
retain the expired provisions until he conclusion of the investigation.  Critics have argued that this section does
not provide reasonable safeguards against the harassment of innocent civilians by law enforcement by compromising their electronic privacy.

Title III of Patriot Act – International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

Subtitle A – This section is comprised of regulations to prevent money laundering including restrictions on certain types of bank accounts, financial institutions’ relationships with foreign entities and increasing communication between these institutions and the government.  It also increased criminal penalties for
money laundering for the purposes of financing attacks, corruption and trafficking.

Subtitle B – Banks must now notify US Intelligence if they see suspicious activity in bank accounts and require the reporting of foreign currency over $10,000.  The bank cannot be held liable for the disclosure of personal information to federal authorities.

Subtitle C – This section deals primarily with currency smuggling by stopping the movement of bulk currency to be sold on the black market.  It is a criminal offense to conceal currency over $10,000 on one’s person or in luggage.  Failure to report the currency subjects it to forfeiture.

Title IV of Patriot Act – Protecting the Border

Subtitle A – The section provides for the protection of the Northern Border with Canada by increasing the number of personnel available to monitor the border.  This set extra pay and overtime to Border Patrol and other enforcement personnel watching the border.  This section also appropriated more funds to upgrade border security

Subtitle B – This amended the Immigration and Nationality Act to prohibit representatives of foreign terrorist organizations from entering the US.  Their family may also be prohibiting from entering the United States depending on the circumstances.  This is to prevent the possibility of attacks or the collection of funds to finance future attacks.  This act also provides the language and structure to classify terrorist organizations and what actions constitute a terrorist attack.  The Secretary of State has the ability to declare organizations as terrorists and this designation can be reviewed and renewed every two years.

Subtitle B also provides for mandatory detention provisions for aliens engaged in terrorist activity or espionage for up to 90 days for 6 months if the detainee is confirmed to be a threat to national security.  This process is
subject to judicial review and the number of aliens detained must be reported to the Attorney General.  Additional provisions required the monitoring of foreign students and the sharing of information about potential terrorism suspects with other foreign jurisdictions.

Subtitle C – This section allowed the preservation of the rights of immigrants that have had loved ones killed as a result of terrorist acts or renewal proceedings disrupted as a result of terrorist attacks in the Fall of 2001
(including anthrax attacks).  Two years immediately after the attacks those who had lost loved ones could receive US citizenship after filing a petition with the US Attorney General.

Title V of Patriot Act – Removal of Obstacles to Investigating Terrorism

The eight sections of this act provide for

–    The payment of awards to those that inform on terrorists (Section 501) or offers intelligence that allows for the significant disruption or dismantling of a terrorist organization (Section 502)

–    Cooperation with local law enforcement by sharing intelligence obtained from abroad to prevent attacks (Section 503)

–    Absolving educational institutions of liability for releasing records to law enforcement (Section 507)

–    Broad powers to the Secret Service to investigate computer fraud (Section 506)

The section also included provisions to allow an alternative subpoena, called a National Security Letter, which allowed the FBI and other government agencies to force organizations turn over records to the government on particular individuals (Section 505).  These organizations were forbidden to challenge the NSL and were forbidden to reveal the request due to a gag order.  The use of SELS was challenged in Doe v. Ashcroft in 2004 and was found to be unconstitutional and subject to stringent regulations to prevent abuse.  Doe v Ashcroft would continue through the appointment of other attorney generals up until the present Attorney General
Eric Holder.  Federal courts finally ruled against the government opposing the lack of a process to challenge the
subpoena and the lack of a right for the subpoenaed party to disclose the subpoena.  The NSL is currently under review and may proceed to the Supreme Court.

Title VI of Patriot Act: Victims and families of victims of terrorism

This Title provided relief funds for families that have lost members due to terrorist attacks.  This covers emergency workers as well as the general public.  The relief fund may include private donors and has been expanded to include all US possessions, including Puerto Rico and the US Pacific Territories.

Title VII of Patriot Act: Increased information sharing for critical infrastructure protection

This section streamlines communication between the government and law enforcement and allows them to cross jurisdictions to investigate terrorist conspiracies.  It further defines terrorism as a criminal activity.

Title VIII of Patriot Act: Terrorism criminal law

This section redefines several crimes such as assassination, kidnapping, racketeering and cyber warfare as acts of terror.  Specifically this Title created a special punishment for attacking a mass transit system punishable with life imprisonment for the death of any person.

Additional penalties included a prohibition on harboring terrorists subject to imprisonment of up to ten years,
seizing the assets of individuals or organizations involved in terrorism and punishing those that provided material assistance to terrorists.  The last provision was amended to clarify the definition of “material assistance” as the original wording was broad and could subject innocent or unknowing collaborators to unfair charges.

Title IX of Patriot Act: Improved Intelligence

This section improves procedures to disseminate intelligence gathered from electronic sources to the US Attorney General in regards to investigating foreign sources.

Title X of Patriot Act: Miscellaneous

These are a number of unrelated provisions including penalties for impersonating a Red Cross workers, training
foreign police organizations and studying the use of biometric information linked to the FBI database at border security checkpoints.