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October
2, 2001
Human Rights First Statement:
Human Rights First Voices Serious Concern
that
New Counter-Terrorism Bill Could
Give
Attorney General Unprecedented Powers to Detain
Non-Citizens
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.
Human Rights First 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.
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 immediately to your congressional representatives in the
House and Senate. Urge them to
ensure that the new law guarantees due process. Here is what you should say:
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.
§ Decisions to detain non-citizens are made based on a recognized standard of evidence.
Thank you for you careful attention to these very important issues.