Bibliography related to PATRIOT Act I and related Immigration Practices & Proposals
4. Human Rights Watch
Report entitled "Presumption of Guilt: Human Rights Abuses of Post-September 11
Detainees":
http://www.hrw.org/reports/2002/us911/ in HTML and
http://www.hrw.org/reports/2002/us911/USA0802.pdf in PDF (99 pages)
5. Migration Policy Institute (MPI)
Report entitled, "America's Challenge: Domestic Security, Civil Liberties and National
Unity after September 11"
http://www.migrationpolicy.org
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)
http://www.citypages.com/databankk/24/1168/article11196.asp
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
http://www.senate.gov/~bingaman/Bingaman_Press_Release/bingaman_press_release_0.html
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
http://www.psci.unt.edu/mootcourt/mezei.htm
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,
http://supct.law.cornell.edu/supct/html/99-7791.ZS.html
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)
http://caselaw.lp.findlaw.com/data2/circs/9th/9917373p.pdf
Patel v. Zemski, 275 F.3d 299 (3d Cir. 2001)
http://www.ilw.com/lawyers/immigdaily/cases/2001,1221-Patel.shtm
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)
http://www.supremecourtus.gov/opinions/00pdf/00-767.pdf
Calcano Martinez v. INS 533 U.S. 348 (2001)
http://supct.law.cornell.edu/supct/html/00-1011.ZS.html
Upholds the right of aliens to seek habeas review of final removal orders
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