Enhancing national security by strengthening the legal immigration system
Abstract : One of the biggest challenges the U.S. contends with is how foreign nationals are using the legal immigration system to embed themselves in the country. While not every person who commits immigration fraud is a terrorist, those who intend to do this country harm will likely engage in some form of immigration fraud or seek to evade immigration laws in order to gain admission into or remain in this country in an immigration status. Since the September 11, 2001 attacks, the reality that foreign terrorists seek to exploit loopholes in the international travel system to facilitate the planning and implementation of attacks has become clearer. This thesis explores the interconnected relationship between immigration and terrorism. It will illustrate how border security can be strengthened if terrorists' access to immigration benefits is denied. In order to ascertain how terrorist have been able to successfully manipulate the immigration system and avoid detection, this study analyzes the immigration histories of terrorists involved in four case studies. This analysis shows that rather than focus on one benefit category or manner of entry, terrorists will utilize all means available in order to gain admission into or remain in the country. The recommendations provided based on this analysis focus on all facets of the immigration system and apply a holistic approach to immigration reform.
The Immigration and Asylum Agenda
An area of freedom, security and justice was created by the Treaty of Maastricht of 1991/1993. Immigration and asylum of third-country nationals was inserted into Title IV EC by the Treaty of Amsterdam of 1997/1999. The European Council of Tampere of October 1999 provided a substantive input. The proposals of the European Commission cover almost all aspects of immigration and asylum and, in line with the Tampere conclusions, are oriented at the status of EU citizens. A common European migration and asylum policy has been realised at an astonishing speed, though some core instruments have not yet been adopted. During the negotiations, the proposals have been watered down and thus provide only relatively low standards, in particular as regards access to employment, which is an important requisite for the integration of migrants.
Intelligence Reform and Terrorism Prevention Act of 2004: "Lone Wolf" Amendment to the Foreign Intelligence Surveillance Act
Abstract : Section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, amended the definition of "agent of a foreign power" in the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1801(b)(1), to add a new category of covered individuals. Under this lone wolf provision, a non-United States person who engages in international terrorism or activities in preparation for international terrorism is deemed to be an "agent of a foreign power" under FISA. This provision does not change the procedures to be used to apply for a court order authorizing electronic surveillance or a physical search under FISA. If an order is sought under this definition of an "agent of a foreign power," however, the applicant is not required to demonstrate a connection between the target of the electronic surveillance or the physical search and a foreign nation, foreign group, or international terrorist group. Nor does the Foreign Intelligence Surveillance Court (FISC), in approving such an order, have to find probable cause to believe that such a connection existed. Rather, if the court authorizes such a surveillance or physical search using this definition of "agent of a foreign power," the FISC judge has to find, in pertinent part, that, based upon the information provided by the applicant for the order, the target had engaged in or was engaging in international terrorism or activities in preparation therefor. By operation of the sunset provision in Section 103 of the USA PATRIOT Improvement and Reauthorization Act, P.L. 109-177, the amendment to the definition of "agent of a foreign power" in FISA will cease to have effect on December 31, 2009.