New Imperatives for INS

The United States is largely a nation of immigrants. It is also a nation now at serious risk of violent attack. That’s why Congress must take swift and extraordinary steps to make sure our immigration policies do as much as possible to keep terrorists and their supporters out of the U.S. and to stop those here from doing more harm. At the same time, the president and Congress must protect the constitutional guarantees that make this country a magnet for freedom-seeking people from around the globe.

Atty. Gen. John Ashcroft has proposed an emergency expansion of immigration laws to give authorities the right to detain for an indeterminate time foreigners suspected of terrorism or terrorist connections and to deport them more easily. Congress should indeed give immigration authorities additional powers--but only after clarifying how long a suspect can be detained and how officials will define “terrorist.”

Ashcroft is seeking the authority to unilaterally “certify” those suspected of being connected with terrorism, a term that itself is problematic. Any such discussion can quickly unravel into quibbling about whether someone is a terrorist or a “freedom fighter”--whether those who contributed to groups fighting apartheid in South Africa years ago, for instance, could be held under the proposed broadening of rules. Common sense prescribes a narrow definition. Any immigrant who affiliates with or knowingly contributes to any organization linked to Al Qaeda or any other group that poses a serious threat against this nation is unwelcome.

For the time being, the government needs greater ability to protect witnesses and conceal how it gathers intelligence. But accused aliens must not be denied the basic right to defend themselves. When the government can demonstrate to a judge that it has a case worth prosecuting, immigration authorities should pass the suspect quickly to the federal justice system. If the government cannot fully make its terrorism case but an immigration judge determines the person is here illegally, deportation should be swift. And in all instances, the amount of time an alien can be held as authorities prepare their case must be limited.

The Supreme Court has decided that immigrant criminals who have served their time but were refused repatriation by their native countries cannot be held more than six months. That time limit seems reasonable here. As does continued law enforcement scrutiny of anyone freed but still seen as suspect.

As Congress contemplates increasing government’s authority in these areas, immigration authorities must also take full advantage of existing anti-terrorist measures. Since 1990, U.S. intelligence agencies and the INS have compiled a “lookout list” of possible terrorists. American consulates worldwide are supposed to deny entry visas to those on this list. Immigration authorities at U.S. ports and airports are supposed to use it to check everyone entering the country, but agencies often fail to update the list or make sure it is distributed. Consulates that do get it often fail to use it, and guards at most land ports of entry don’t refer to it. The INS should immediately patch these holes in the figurative fence around America.

At the same time, the INS must tighten the way it grants visas and must check up more often and fully on those admitted ostensibly to study, work or sightsee. Finally, Congress needs to make clear that any increased authority it gives to immigration and law enforcement officials is temporary and subject to periodic review. Perhaps this reevaluation could occur each Sept. 11--a good date to ponder the progress of the war on terrorism and the state of the liberties that define America.