Protecting America First: Deporting Aliens Associated with Designated Terrorist Organizations That Have Committed Terrorism in America in the Face of Actual Threats to National Security
In light of the devastation and destruction caused by the September 11th attacks and the remaining imminent threat of more attacks in this country, this Note proposes legislation that would provide for removal of aliens who are merely associated with a known terrorist organization that has committed acts of terrorism in the United States. Part II outlines the Immigration and Naturalization Services (INS) legislation in effect at the time of the attacks and the rationale behind prohibiting deportation for mere association with a known terrorist organization. Part III discusses newly enacted legislation strengthening deportation laws, which do not go as far as to allow for removal under the proposed circumstances. Part IV traces the historical protection of aliens' right to associate and examines the existence of conflicting views about how to approach judicial review of immigration legislation Part V presents the argument that aliens should not be given constitutional protection of the freedom to associate with a known terrorist organization that has acted in the United States, and even if aliens deserve that protection, the interest of protecting national security outweighs any constitutional issues. This section also explores and rebuts criticism about the proposed legislation. Part VI concludes that enacting such legislation is necessary to uphold the interest of national security in the face of actual, imminent threats of more terrorist acts against this country.
Note, Protecting America First: Deporting Aliens Associated with Designated Terrorist Organizations That Have Committed Terrorism in America in the Face of Actual Threats to National Security, 50 Clev. St. L. Rev. 307 (2002-2003)