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Please note that 2 articles follow: (1) BORDC Action Alert: Stop the REAL ID Act in the Senate! (2) H.R.418 REAL ID Act of 2005 (Engrossed as Agreed to or Passed by House) --- (1) BORDC Action Alert: Stop the REAL ID Act in the Senate! National Days of Action to Stop the REAL ID Act in the Senate: Thursday, April 7th through Tuesday, April 12 Friends: During the current USA PATRIOT Act reauthorization debate, as Congress analyzes which policies have negatively affected civil rights and liberties, some members of Congress are pushing for legislation to further erode civil liberties, such as Rep. James Sensenbrenner's REAL ID Act (H.R. 418). Thank you to all who contacted your representative to oppose the bill in the House. History/attachment strategy. REAL ID passed the House in February and was attached to an emergency supplemental spending bill for the wars in Iraq and Afghanistan and for Tsunami relief, which also passed. The spending bill, with REAL ID attached, has now moved to the Senate. As you know, ramming unpopular bills like REAL ID through Congress by attaching them to "must-pass" spending bills is a political strategy for avoiding a hearing and debate that could kill the bill. Please help us make sure that doesn't happen! What you can do: Join BORDC and other members of the Rights Working Group [ http://www.rightsworkinggroup.org/ ] in national days of action, weekdays from Thursday, April 7, through Tuesday April 12. Call or send a fax to your Senators every one of those days. Calls and letters are most powerful. The more you call, the more your Senators will recognize the importance of this issue to his or her constituents. Look up your Senators' phone and fax numbers at http://www.visi.com/juan/congress/. Send a message to your Senators via email here: http://hq.demaction.org/dia/organizations/bordc/campaign.jsp?campaign_KEY=553 Brief sample message: "Please tell Senator __________ that I oppose the REAL ID Act. Although we need to fix our broken immigration system, REAL ID is not the immigration reform we desperately need, nor will it make us safer. None of its sections would have prevented or impeded the September 11th attacks. Furthermore, legislation that could have life or death consequences needs to be subject to hearings and debate. They do not belong on a spending bill to supply our troops in Iraq and Afghanistan and to provide relief to Tsunami victims. Thank you." - Here are some other messages from the American Immigration Lawyers Association [ http://www.aila.org/ ]. Use the section numbers in bold after each point to find the bill text [ http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR00418:@@@L"m2=m& ] and AILA's analysis [ http://www.aila.org/contentViewer.aspx?bc=10,911,5516,8191 ]: Asylum: The REAL ID Act will deny refuge to those fleeing persecution by heightening the eligibility standards and evidentiary burdens governing asylum applications. (Section 101) Removal: The REAL ID Act will make noncitizens including long-time LPRs deportable for lawful speech or associations that occurred far in the past. (Section 104) Judicial Review: The REAL ID Act will broadly expand the restrictions on judicial review imposed by the 1996 laws. It also will eliminate the power of a federal court to temporarily stay a removal order while an appeal of that order is pending before the court. This means asylum seekers could be sent back to their persecutors before a final decision has been reached in their case! (Section 101) Driver's Licenses: The REAL ID Act will link immigration status to driver's license eligibility and will deny driver's licenses to whole categories of noncitizens, thereby undermining the safety of our roads and the law enforcement utility of DMV databases. (Section 202) Bail Bondsmen: The REAL ID Act will subject noncitizens to bounty hunters who are provided unprecedented authority to "pursue, apprehend, detain and turn over" immigrants in removal proceedings. (Section 106) The Fence: The REAL ID Act will authorize the Secretary of Homeland Security to waive all federal, state, and local laws the Secretary deems necessary, in his sole and absolute discretion, to expedite construction of security fences and barriers at the U.S.-Mexico and U.S.-Canada borders. (Section 102) - Bill of Rights Defense Committee Web: http://www.bordc.org Email: [EMAIL PROTECTED] Phone: 413-582-0110 Fax: 413-582-0116 --- (2) H.R.418 REAL ID Act of 2005 (Engrossed as Agreed to or Passed by House) - SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM REMOVAL. (a) Conditions for Granting Asylum- Section 208(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)) is amended-- (1) by striking `The Attorney General' the first place such term appears and inserting the following: `(A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General'; (2) by striking `the Attorney General' the second and third places such term appears and inserting `the Secretary of Homeland Security or the Attorney General'; and (3) by adding at the end the following: `(B) BURDEN OF PROOF- `(i) IN GENERAL- The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 101(a)(42)(A). To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be a central reason for persecuting the applicant. `(ii) SUSTAINING BURDEN- The testimony of the applicant may be sufficient to sustain the applicant's burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant's testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant's burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines, in the trier of fact's discretion, that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence without departing the United States. The inability to obtain corroborating evidence does not excuse the applicant from meeting the applicant's burden of proof. `(iii) CREDIBILITY DETERMINATION- The trier of fact should consider all relevant factors and may, in the trier of fact's discretion, base the trier of fact's credibility determination on any such factor, including the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not made under oath), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim. There is no presumption of credibility.'. (b) Withholding of Removal- Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following: `(C) SUSTAINING BURDEN OF PROOF; CREDIBILITY DETERMINATIONS- In determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph (A), the trier of fact shall determine whether the alien has sustained the alien's burden of proof, and shall make credibility determinations, in the manner described in clauses (ii) and (iii) of section 208(b)(1)(B).'. (c) Other Requests for Relief From Removal- Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1230(c)) is amended-- (1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (2) by inserting after paragraph (3) the following: `(4) APPLICATIONS FOR RELIEF FROM REMOVAL- `(A) IN GENERAL- An alien applying for relief or protection from removal has the burden of proof to establish that the alien-- `(i) satisfies the applicable eligibility requirements; and `(ii) with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion. `(B) SUSTAINING BURDEN- The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant's application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant's burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines in the judge's discretion that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence without departing from the United States. The inability to obtain corroborating evidence does not excuse the applicant from meeting the burden of proof. `(C) CREDIBILITY DETERMINATION- The immigration judge should consider all relevant factors and may, in the judge's discretion, base the judge's credibility determination on any such factor, including the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant's or witness's account, the consistency between the applicant's or witness's written and oral statements (whenever made and whether or not made under oath), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim. There is no presumption of credibility.'. (d) Standard of Review for Orders of Removal- Section 242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by adding at the end, after subparagraph (D), the following: `No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence, as described in section 208(b)(1)(B), 240(c)(4)(B), or 241(b)(3)(C), unless the court finds that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.'. (e) Clarification of Discretion- Section 242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(2)(B)) is amended-- (1) by inserting `or the Secretary of Homeland Security' after `Attorney General' each place such term appears; and (2) in the matter preceding clause (i), by inserting `and regardless of whether the judgment, decision, or action is made in removal proceedings,' after `other provision of law,'. (f) Removal of Caps- Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended-- (1) in subsection (a)(1)-- (A) by striking `Service' and inserting `Department of Homeland Security'; and (B) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security or the Attorney General'; (2) in subsection (b)-- (A) by striking `Not more' and all that follows through `asylum who--' and inserting `The Secretary of Homeland Security or the Attorney General, in the Secretary's or the Attorney General's discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who--'; and (B) in the matter following paragraph (5), by striking `Attorney General' and inserting `Secretary of Homeland Security or the Attorney General'; and (3) in subsection (c), by striking `Attorney General' and inserting `Secretary of Homeland Security or the Attorney General'. (g) Effective Dates- (1) The amendments made by paragraphs (1) and (2) of subsection (a) shall take effect as if enacted on March 1, 2003. (2) The amendments made by subsections (a)(3), (b), and (c) shall take effect on the date of the enactment of this Act and shall apply to applications for asylum, withholding, or other removal made on or after such date. (3) The amendment made by subsection (d) shall take effect on the date of the enactment of this Act and shall apply to all cases in which the final administrative removal order is or was issued before, on, or after such date. (4) The amendments made by subsection (e) shall take effect on the date of the enactment of this Act and shall apply to all cases pending before any court on or after such date. (5) The amendments made by subsection (f) shall take effect on the date of the enactment of this Act. (h) Repeal- Section 5403 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is repealed. SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS. Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows: `(c) Waiver- `(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section. `(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court, administrative agency, or other entity shall have jurisdiction-- `(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or `(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'. SEC. 103. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED ACTIVITIES. (a) In General- So much of section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) as precedes the final sentence is amended to read as follows: `(i) IN GENERAL- Any alien who-- `(I) has engaged in a terrorist activity; `(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable ground to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (iv)); `(III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; `(IV) is a representative (as defined in clause (v)) of-- `(aa) a terrorist organization (as defined in clause (vi)); or `(bb) a political, social, or other group that endorses or espouses terrorist activity; `(V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi); `(VI) is a member of a terrorist organization described in clause (vi)(III), unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization; `(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization; `(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); or `(IX) is the spouse or child of an alien who is inadmissible under this subparagraph, if the activity causing the alien to be found inadmissible occurred within the last 5 years, is inadmissible.'. (b) Engage in Terrorist Activity Defined- Section 212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows: `(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this Act, the term `engage in terrorist activity' means, in an individual capacity or as a member of an organization-- `(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; `(II) to prepare or plan a terrorist activity; `(III) to gather information on potential targets for terrorist activity; `(IV) to solicit funds or other things of value for-- `(aa) a terrorist activity; `(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or `(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; `(V) to solicit any individual-- `(aa) to engage in conduct otherwise described in this subsection; `(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or `(cc) for membership in a terrorist organization described in clause (vi)(III) unless the solicitor can demonstrate by clear and convincing evidence that he did not know, and should not reasonably have known, that the organization was a terrorist organization; or `(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training-- `(aa) for the commission of a terrorist activity; `(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity; `(cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization; or `(dd) to a terrorist organization described in clause (vi)(III), or to any member of such an organization, unless the actor can demonstrate by clear and convincing evidence that the actor did not know, and should not reasonably have known, that the organization was a terrorist organization. This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Attorney General, after consultation with the Secretary of State and the Secretary of Homeland Security, concludes in his sole unreviewable discretion, that this clause should not apply.'. (c) Terrorist Organization Defined- Section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)) is amended to read as follows: `(vi) TERRORIST ORGANIZATION DEFINED- As used in this section, the term `terrorist organization' means an organization-- `(I) designated under section 219; `(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv); or `(III) that is a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, the activities described in subclauses (I) through (VI) of clause (iv).'. (d) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act, and these amendments, and section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply to-- (1) removal proceedings instituted before, on, or after the date of the enactment of this Act; and (2) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date. SEC. 104. REMOVAL OF TERRORISTS. (a) In General- (1) IN GENERAL- Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to read as follows: `(B) TERRORIST ACTIVITIES- Any alien who is described in subparagraph (B) or (F) of section 212(a)(3) is deportable.'. (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act, and the amendment, and section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall apply to-- (A) removal proceedings instituted before, on, or after the date of the enactment of this Act; and (B) acts and conditions constituting a ground for inadmissibility, excludability, deportation, or removal occurring or existing before, on, or after such date. (b) Repeal- Effective as of the date of the enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), section 5402 of such Act is repealed, and the Immigration and Nationality Act shall be applied as if such section had not been enacted. __________________________________ Do you Yahoo!? Yahoo! Small Business - Try our new resources site! http://smallbusiness.yahoo.com/resources/ ------------------------ Yahoo! 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