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Bibliography related to PATRIOT Act I and related Immigration Practices & Proposals

                                     Selling Our Birthright?

            Trading Civil Liberties For Security In The Aftermath Of 9/11

                Bibliography prepared by Sam Myers, July 17, 2003



1.         American Civil Liberties Union (ACLU) on PATRIOT Acts 1 and 2   



2.         American Immigration Lawyers Association (AILA)

            AILA's Issue Paper on due process since September 11, 2001: Executive Action

            Threaten Fundamental Freedoms (March 2003):


AILA's testimony before congress concerning due process violations in light of post

9/11 immigration enforcement policy:



3.         American Immigration Law Foundation (AILF)

            Reference Materials Related to September 11 Terrorist Attack:



4.         Human Rights Watch 

            Report entitled "Presumption of Guilt: Human Rights Abuses of Post-September 11   


   in HTML and

   in PDF (99 pages)


5.         Migration Policy Institute (MPI)

            Report entitled, "America's Challenge: Domestic Security, Civil Liberties and National

            Unity after September 11"

            examines the government's post-September 11 immigration measures from three

            distinct perspectives:  their effectiveness in fighting terrorism; their impact on civil

            liberties; and their effect on America's sense of community as a nation of immigrants.


6.         City Pages              

            article by Elaine Cassel entitled, "The Other War: The Bush Administration & The

            End of Civil Liberties," Vol 24, Issue 1168 (4/23/03)


examines the 1996 Antiterrorism And Effective Death Penalty Act;

USA Patriot Act of 2001; and the proposed Domestic Security Enhancement Act

of 2003.


7.        Senator Jeff Bingaman


            text of speech by Senator Jeff Bingaman (D-NM) on the Senate Floor on Monday,

           July 14, 2003


8.         Cases dealing with Constitutional Issues and Aliens


            Shaughnessy v. United States ex rel. Mezei, 345 US 206 (1953


            No statutory or constitutional rights of an alien attempting to enter the United

            States are violated by an order, issued by the Attorney General under statutory

            authority, by which the alien, without a hearing or disclosure of evidence, is, on

            security grounds, excluded from entering the United States after a voluntary absence.

            His detention for an indefinite time is lawful, even though all efforts to effect his

            departure have failed.

            Zadvydas v. Davis, 533 U.S. 678 (2001) see, 

Post removal hearing indefinite detention authority under INA Section 241(a)(6), 

8 U.S.C. 1231(a)(6) held violates Fifth Amendment as applied to aliens who have 

entered the United States. 


Detroit Free Press, et al v. Ashcroft, 2002 FED App. 0291P (6th Cir.)

File Name: 02a0291p.06

Chief Immigration Judge Chief Immigration Judge Creppy's Memo 

ordering special interest immigration hearings to be closed ruled invalid under 

First Amendment


Kim v. Ziglar  276 F.3d 523 (9th Cir. 2002)



Patel v. Zemski, 275 F.3d 299 (3d Cir. 2001)


9th and 3rd circuit cases striking down INA Section 236(c) on substantive due process 

grounds. Overruled by Demore v. Kim, 538 U.S.__,

No. 01-1491, 4/29/03 INS v. St. Cyr, 533 U.S. 289 (2001)



Calcano Martinez v. INS 533 U.S. 348 (2001) 

            Upholds the right of aliens to seek habeas review of final removal orders