FYI
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Date: Fri, 28 Sep 2001 12:12:12 -0700
From: Thomas W. Warner <[log in to unmask]>
To: "Undisclosed-Recipient" <>
Subject: ACTION ALERT: Protect due process for immigrants
Message from: Lawyers Committee for Human Rights
Dear friends:
This is an urgent message from the Lawyers Committee for Human Rights. To
contact LCHR for more information, write Gene Guerrero at:
[log in to unmask]
Africa Action shares this Action Alert with ADNA members, on
behalf of the Lawyers Committee for Human Rights. For further
information or details, contact Gene Guerrero at the Lawyers
Committee, not Africa Action or ADNA. Feel free to share this with
your contacts and distribute it widely. Thanks for supporting this
urgent action.
Regards,
Vicki
This is an action alert the LCHR is using to urge everyone to lobby
hard right now against the Administration's terrorism bill. Feel free to
use any or all of the language of the alert if it would be helpful. As
you know from the Wash Times article earlier today, the
negotiations are underway about the final shape of the bill and there
is a good chance that at least some of the objectionable provisions
will be deleted or modified. But no new language has been
circulated or agreed to and nothing is yet set in stone. It still could
go the other way. So lobbying on the issue, especially from home
states and districts remains critically important.
Lawyers Committee for Human Rights Voices Serious Concern that
New Counter-Terrorism Bill Could Give Attorney General Unprecedented
Powers
to Detain Non-Citizens
September 27, 2001
In the aftermath of the September 11 attacks, the U.S. government
has the authority, indeed the duty, to take every reasonable step to
ensure security for everyone in the United States. As one of its first
official responses, the Bush Administration has proposed counter-
terrorism legislation for fast-track approval by Congress.
One of the most controversial measures included in the proposed
Anti-Terrorism Act of 2001 gives the Attorney General sweeping new
powers and unprecedented discretion to detain non-citizens
indefinitely and without meaningful judicial review.
The Lawyers Committee is deeply concerned about these
provisions. Many Members have expressed reservations about
these proposals and are currently working on a compromise. We
urge Congress to immediately take the necessary steps to amend
this proposed legislation, to ensure basic due process of law.
Potential Consequences of This Law
Under the proposed immigration provisions in this bill, the federal
government would be empowered to detain any non-citizen,
including legal permanent residents, if the Attorney General has
certified that he or she is a "threat to national security." The
Attorney General could make this designation if he has "reason to
believe" that a person may engage in, further, or facilitate terrorist
activity, or otherwise "endanger the national security."
The Administration's proposal would give the U.S. government
sweeping, unchecked powers. As outlined, the proposed bill:
Allows indefinite detention.
Allows the government to detain individuals without charging any
crime or even an immigration violation.
Provides no meaningful opportunity for a hearing to determine the
reason for an individual's detention.
These legal powers are unprecedented in American history.
Beyond the corrosive effects on our own systems of due process
and judicial oversight, this proposed legislation, if enacted, will
clearly be copied elsewhere. As the United States seeks to promote
freedom and the rule of law globally, it is essential that we promote
these values here at home.
What You Can Do
The Anti-Terrorism Act of 2001 is now being debated in Congress
and it is on a fast track. Congress is likely to vote on this bill in the
next week to ten days. Please write or call immediately to your
congressional representatives in the House and Senate. Urge them
to ensure that the new law guarantees due process. Here is a
sample letter:
Dear (Member of Congress):
I write to express my concerns about provisions of the proposed
Anti-Terrorism Act of 2001, which would allow the indefinite
detention of non-citizens. I recognize the need for our government
to take every reasonable step to ensure the physical safety of
everyone in this country. It is essential however that the U.S. stay
true to the very principles that are central to its national identity:
checks and balances, fairness, and due process.
Some provisions of the proposed legislation grant sweeping new
powers to the Attorney General without providing for meaningful
judicial review. These legal powers would be unprecedented in our
nation's history.
I urge that Congress not enact these troubling provisions. In the
event the Congress does move forward with these or similar
provisions, I urge that any new law ensure that:
these decisions are reviewed by an independent judge;
immigrants are not detained indefinitely without charge; and,
decisions to detain non-citizens are made based on a recognized
standard of evidence.
Thank you for your careful attention to these very important issues.
Sincerely,
ADNA Action Alert: 010927
For contact information see also:
http://www.africapolicy.org/adna
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