Following the terrorist attacks of September 11, 2001, it became apparent that some, if not all, of the perpetrators had entered the United States legally and many had overstayed their allotted time with no notice taken by the INS or any other enforcement agency. Since then several laws have been passed or proposed and policy changes have been implemented to address immigration concerns. The first law was the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, more commonly known as the USA PATRIOT Act (PL 107-56), signed into law in October 2001. With reference to immigration, the act included the following legislation:
- It mandated that the number of personnel at the northern border be tripled, appropriated funds for technology improvements, and gave the INS access to the FBI's criminal databases. The INS was to begin the task of locating hundreds of thousands of foreigners who had been ordered deported and entering their names into the FBI database.
- The Immigration and Nationality Act (INA) was amended in order to clarify that an alien who solicits funds or membership or provides material support to a certified terrorist organization could be detained or removed from the country.
- The attorney general was directed to implement an entry/exit system, with particular focus on biometric information gathered during the visa application process and the development of tamper-resistant documents. The system required that certain nonimmigrants register with the INS and submit fingerprints and photographs upon arrival in the United States; report to the INS in person within thirty days of arrival and annually thereafter; and notify an INS agent of their departure. Those who failed to comply could face criminal prosecution.
- Funds totaling $36.8 million were appropriated in order to implement a foreign-student monitoring system in which all institutions of higher education that enrolled foreign students or exchange visitors were required to participate. The act expanded the list of
participating institutions to include air flight schools, language training schools, and vocational schools.
- Provisions were established to ensure that the immigration status of victims of the September 11 terrorist attacks and their families was not adversely affected as a result of the attacks. The family members of some victims were facing deportation.
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