Editing Patriot Act (section)

=== Title IV: Border security ===
{{Main|Title IV of the Patriot Act}}
Title IV of the Patriot Act amends the ''[[Immigration and Nationality Act of 1952]]'' to give more law enforcement and investigative power to the U.S. Attorney General and to the [[Immigration and Naturalization Service]] (INS). The Attorney General was authorized to waive any cap on the number of full-time [[employee]]s (FTEs) assigned to the INS on the [[Canada–United States border|Northern border]] of the United States.<ref>USA PATRIOT Act, Title IV, Subtitle A, Sec. 401.</ref> Enough funds were set aside to triple the maximum number of [[United States Border Patrol|U.S. Border Patrol]] personnel, Customs Service personnel and INS inspectors along with an additional US$50,000,000 funding for the INS and the [[United States Customs Service|U.S. Customs Service]] to improve technology for monitoring the Northern Border and acquiring additional equipment at the Canadian northern border.<ref>USA PATRIOT Act, Title IV, Subtitle A, Sec. 402.</ref> The INS was also given the authority to authorize overtime payments of up to an extra US$30,000 a year to INS employees.<ref>USA PATRIOT Act, Title IV, Subtitle A, Sec. 404. Amended the ''[[Department of Justice Appropriations Act, 2001]]''.</ref> Access was given to the [[United States Department of State|U.S. State Department]] and the INS to criminal background information contained in the [[National Crime Information Center's Interstate Identification Index]] (NCIC-III), [https://web.archive.org/web/20080511195200/http://www.amw.com/fugitives/most_wanted_lists.cfm Wanted Persons File] and any other files maintained by the [[National Crime Information Center]] to determine whether [[visa (document)|visa]] applicants and applicants could be admitted to the U.S.<ref>USA PATRIOT Act, Title IV, Subtitle A, Sec. 403. Amends {{usc|8|1105}}</ref> The U.S. Department of State was required to form final regulations governing the procedures for taking fingerprints and the conditions with which the department was allowed to use this information.<ref name="FinalRegulationsFingerPrints">USA PATRIOT Act, Title IV, Sec. 403. Final regulations are specified in {{USCFR|22|40|5}}</ref> Additionally, the [[National Institute of Standards and Technology]] (NIST) was ordered to develop a technology standard to verify the identity of persons applying for a United States visa.<ref name="FinalRegulationsFingerPrints" /> The reason was to make the standard the technology basis for a cross-agency, the cross-platform electronic system used for conducting [[background check]]s, confirming identities and ensuring that people have not received visas under different names.<ref>USA PATRIOT Act, Title IV, Subtitle A, Sec. 405.</ref> This report was released on November 13, 2002;<ref>{{Cite web|url=https://www.nist.gov/system/files/documents/2021/10/25/nist_appendix_pact_nov02.pdf|title=Summary Of NIST Standards For Biometic Accuary, Tamper Resistance, And Interroperability|website=National Institute Of Standards And Technology|date=November 13, 2022}}</ref> however, according to NIST, this was later "determined that the fingerprint system used was not as accurate as current state-of-the-art fingerprint systems and is approximately equivalent to commercial fingerprint systems available in 1998."<ref>[http://www.itl.nist.gov/iad/vip/fing/fing.html NIST Image Group's Fingerprint Research] {{Webarchive|url=https://web.archive.org/web/20071226024522/http://www.itl.nist.gov/iad/vip/fing/fing.html |date=December 26, 2007 }}, see the section "NIST Patriot Act Work" (accessed June 28, 2006)</ref> This report was later superseded by section 303(a) of the ''[[Enhanced Border Security and Visa Entry Reform Act of 2002]]''.

Under Subtitle B, various definitions relating to terrorism were altered and expanded. The INA was [[Retroactive legislation|retroactively]] amended to disallow aliens who are part of or representatives of a foreign organization or any group who endorses acts of terrorism from entering the U.S. This restriction also included the family of such aliens.<ref name="Section411">USA PATRIOT Act, Title IV, Subtitle B, Sec. 411.</ref> The definition of "terrorist activity" was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms).<ref name="Section411" /> To "engage in terrorist activity" is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a [[safe house]], transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including [[chemical warfare|chemical]], [[biological warfare|biological]], or [[radiological weapon]]s), explosives, or training to perform the terrorist act.<ref name="Section411" /> The INA criteria for making a decision to designate an organization as a terrorist organization was amended to include the definition of a terrorist act.<ref>As specified in section 140(d)(2) of the ''[[Foreign Relations Authorization Act]]'', Fiscal Years 1988 and 1989; see {{usc-clause|22|2656f|(d)(2)}}</ref> Though the amendments to these definitions are retroactive, it does not mean that it can be applied to members who joined an organization, but since left, before it was designated to be a terrorist organization under {{usc|8|1189}} by the Secretary of State.<ref name="Section411" />

The Act amended the INA to add new provisions enforcing mandatory detention laws. These apply to any alien who is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security. It also applies to those who are inadmissible or who must be deported because it is certified they are attempting to enter to undertake illegal [[espionage]]; are exporting goods, technology, or sensitive information illegally; or are attempting to control or overthrow the government; or have, or will have, engaged in terrorist activities.<ref name="Section412">USA PATRIOT Act, Title IV, Subtitle B, Sec. 412. A new section was created by the Act—{{usc|8|1226a}}</ref> The Attorney General or the Attorney General's deputy may maintain custody of such aliens until they are removed from the U.S. unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to six months after it is deemed that they are a national security threat. However, the alien must be charged with a crime or removal proceedings start no longer than seven days after the alien's detention, otherwise the alien will be released. However, such detentions must be reviewed every six months by the Attorney General, who can then decide to revoke it, unless prevented from doing so by law. Every six months the alien may apply, in writing, for the certification to be reconsidered.<ref name="Section412" /> [[Judicial review]] of any action or decision relating to this section, including judicial review of the merits of a certification, can be held under [[habeas corpus]] proceedings. Such proceedings can be initiated by an application filed with the [[United States Supreme Court]], by any justice of the Supreme Court, by any [[circuit court|circuit judge]] of the [[United States Court of Appeals for the District of Columbia Circuit]], or by any [[United States district court|district court]] otherwise having jurisdiction to entertain the application. The final order is subject to [[appeal]] to the [[United States Court of Appeals]] for the District of Columbia Circuit.<ref name="Section412" /> Provisions were also made for a report to be required every six months of such decisions from the U.S. Attorney General to the [[Committee on the Judiciary of the House of Representatives]] and the [[Committee on the Judiciary of the Senate]].<ref name="Section412" />

A sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the ''[[Illegal Immigration Reform and Immigrant Responsibility Act of 1996]]'' (IIRIRA). They also found that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the ''[[Immigration and Naturalization Service Data Management Improvement Act of 2000]]''. Congress wanted the primary focus of development of the entry-exit data system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. They also wanted the system to be able to interface with existing law enforcement databases.<ref>USA PATRIOT Act, Title IV, Subtitle B, Sec. 414.</ref> The Attorney General was ordered to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA.<ref>{{usc-clause|8|1372|(a)}}</ref> which records the date and port of entry of each foreign student. The program was expanded to include other approved educational institutions, including air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the [[United States Secretary of Education|Secretary of Education]] and the Secretary of State. US$36,800,000 was appropriated for the [[United States Department of Justice|Department of Justice]] to spend on implementing the program.<ref>USA PATRIOT Act, Title IV, Subtitle B, Sec. 416.</ref>

The Secretary of State was ordered to audit and report back to Congress on the Visa waiver program specified under {{usc|8|1187}} for each fiscal year until September 30, 2007. The Secretary was also ordered to check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports as well as ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.<ref>USA PATRIOT Act, Title IV, Subtitle B, Sec. 417.</ref> The Secretary was also ordered to report back to Congress on whether [[consulate shopping]] was a problem.<ref>USA PATRIOT Act, Title IV, Subtitle B, Sec. 418.</ref>

The last subtitle, which was introduced by Senators John Conyers and Patrick Leahy, allows for the preservation of immigration benefits for victims of terrorism, and the families of victims of terrorism.<ref>USA PATRIOT Act, Title IV, Subtitle C.</ref> They recognized that some families, through no fault of their own, would either be ineligible for permanent residence in the United States because of being unable to make important deadlines because of the September 11 terrorist attacks, or had become ineligible to apply for special immigration status because their loved one died in the attacks.<ref>Office of [[Patrick Leahy]], [http://leahy.senate.gov/press/200110/102401a.html USA PATRIOT Act Section-by-section analysis] {{webarchive |url=https://web.archive.org/web/20100213025652/http://leahy.senate.gov/press/200110/102401a.html |date=February 13, 2010 }}</ref>