Editor's Note: The USA Patriot Act -- the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act -- has generated intense debate since it was
enacted almost three years ago. This series examines the implications of
some of the more controversial sections of the act's 342 pages.
Section 412 of the Patriot Act permits the federal government to
imprison any foreigner indefinitely.
The attorney general of the United States can arrest and hold a
foreigner for up to seven days without a formal charge and has only to
certify that there is suspicion of terrorism, spying, sabotage or
sedition.
After seven days, the government must release the person, initiate
deportation or bring criminal charges.
If the person cannot be deported right away, the government must
"certify" every six months that release would threaten a person or the
general public.
With this certification, the government may hold any foreigner
indefinitely, without bail. No court has jurisdiction to review any
decision that the attorney general makes under Section 412, except to
execute a writ of habeas corpus requiring the government to show that
the person in custody is still alive.
This authority is similar to President Bush's military order of Nov. 13,
2001, that allows the U.S. secretary of defense to detain indefinitely
foreigners suspected of terrorism. There is also no judicial review
required by the military order.
Section 411 of the Patriot Act also expands an administration's powers
to ban from the United States visitors whom it decides have links to
terrorist organizations.
For example, any celebrity who uses his or her fame to "endorse,
espouse, or advocate support for" an organization that the federal
government has branded a terrorist group, may be denied entry to the
United States, according to Section 411.
The secretary of state of the United States can ban any foreigner who
represents a "political, social, or other similar group" that has
publicly endorsed terrorism; the secretary or the attorney general can
ban any foreigner whom they believe intends to engage in dangerous
conduct.
Section 411 of the Patriot Act adds three new terrorism-related
categories that can deny a foreigner admission to the United States:
"espousing" terrorist activity; being the spouse or child of an
inadmissible foreigner associated with a terrorist organization; and
"intending" to engage in activities that could endanger the welfare of
the United States.
Section 411 lets the secretary of state determine whether a group is a
terrorist organization.
This section and Section 810 also contain a "material support" clause
that makes it illegal to give housing, money, transportation or access
to communications to any group that the secretary declares a terrorist
organization.
The "material support" clause in Section 411 says that foreigners may
contribute to a terrorist organization if the secretary of state and the
attorney general determine in their "sole unreviewable discretion that
this clause shall not apply" to an organization or individual that has
committed terrorism.
A federal judge in Los Angeles has found the material support clause in
Section 810 "impermissibly vague" in violation of the First and Fifth
Amendments of the Bill of Rights.
Gerald M. Carbone may be reached at
gcarbone [at] projo.com or (401) 277-7434.
Tomorrow: The president of the United States may take the property of anyone
who is suspected of terrorism.
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