Patriot Act 2: The Domestic Security Enhancement Act

Patriot Act 2: The Domestic Security Enhancement Act

After the horrendous terrorist attack on the New York Trade Center a new Bill was passed by congress shortly after September 11, 2004. This bill is known as The Domestic Security Enhancement Act also called Patriot Act 2. This bill was designed as a follow-up to the USA Patriot Act to work in increasing government surveillance, detention and other law enforcement powers while reducing basic checks and balances on such powers. By the beginning of the year 2003 a draft of the legislation was available. Amongst the most severe problems the bill diminishes personal privacy by removing checks on government power, diminishes public accountability by increasing government secrecy, and diminishes corporate accountability under the pretext of fighting terrorism. Also the bill undermines fundamental constitutional rights of Americans under overboard definitions of "terrorism" and "terrorist organization" or under a terrorism pretext. Furthermore, unfairly targets immigrants under the pretext of fighting terrorism. (http://www.aclu.org/Safeand Free/SafeandFree.cfm?ID=11835&c=206)

The Patriot Act 2 would give more power to the government, eliminating and weakening many of the checks and balances that remained on government surveillance, wiretapping, detention and criminal prosecution even after passage of the USA Patriot Act. The Patriot Bill was drafted by the Bush Administration that would expand law enforcement and intelligence gathering authorities, reduce or eliminate judicial oversight over surveillance, authorities secret arrests, create DNA database based on unchecked executive "suspicion," create new death penalties, and even seek to take American citizenship away from persons who belong to or support disfavored political groups. A few renditions and provisions of the bill is explained in the next few paragraphs. These are only a few of the examples of the powers the new bill will give the government. (http://www.cdt.org/security/usapatriot/030210cole.pdf)

In Section 201 authorizes secret arrests, overturning federal court decision requiring government disclose identity of persons it has detained during the 9/11 investigations. This part mandate that all arrests in connection to international terrorism investigations remain secret until indictment is filed. In our history we have never permitted secret arrests, it contradicts our rights and liberty.

In Section 312 end the consent Decrees Against Illegal Police Spying. Automatically eliminating any consent decree governing police spying abuse entered before 9/11 no matter the basis of the pronouncement. This section states that it would eliminate consent pronouncements for the future with respect to police spying, and place substantial restrictions on judicial injunctions

In Section 503 provide the Attorney General unchecked power to deport foreign nationals, including lawful permanent resident aliens. For instance when they determine their presence is inconsistent with our "national security," which is defined to include "economic interests" or " foreign policy." The D.C. Circuit has already held that courts cannot review what actions violate our "foreign policy" and therefore give the Attorney General license to deport any foreign national of his choosing.

In Section 501 would strip citizenship from people for their political associations. IT would provide that even activities that is legal to engage in such as belonging to supporting the lawful activities of a group designated "terrorist" by the Attorney General. Therefore, this would be one ground of losing one's citizenship.

In Section 104 authorizes the Attorney General to bypass courts altogether for Foreign Intelligence Surveillance Act searches and wiretaps whenever Congress has authorized the use of force. As in Section 128 allows the government to bypass grand juries for subpoenas in terrorism investigations. And Section 216 allows the government to bypass courts or grand juries in seeking access to credit reports.

In Sections 301-306 authorize the creation of DNA databases on "suspected terrorists." It is defined to include mere association with suspected terrorists groups, and no citizens suspected of everyday crimes or of having supported any group designated as terrorist. In Section 107 eliminates protections in current FISA law for U.S. persons, which is citizens and lawful permanent residents. This section allows the government to get pen registers on U.S. persons for any foreign intelligence investigation, without regard to any criminal or terrorist nexus.

In Section 121 eliminates the distinction between international terrorism and domestic terrorism. Of this reason of distinction is that domestic terrorism is a crime and should be treated as a criminal matter, while international terrorism is both a crime and a broader surveillance under looser restrictions that apply to all criminal acts and conspiracies as subject to the same authorities that extend to foreign intelligence gathering.

In Section 126 give federal law enforcement authorities access to credit reports on the basis as private companies. Historically, law enforcement access has been more limited, because of concerns that law enforcement is more susceptible to serious abuse than private companies. This provision would eliminate that distinction. Also, Section 128 and 206 impose restraint orders on persons subjected to terrorism investigations. Section 204 give the government authority to make secret presentations to courts in criminal related to the Classified Information Procedures Act.

In Section 411 creates the new death penalties for certain terrorist offenses. Furthermore, in Section 322 authorize extradition even where there is no treaty authorizing or setting criteria for extradition. Also, Section 504 which has nothing related to terrorism creates the "expedited removal" process. Radically limiting judicial review, for any foreign national convicted of a range of minor and major crimes, irrespective of when the crime was committed. This portion already intensify the harsh immigration laws governing those who have committed the crime, and seeks to deprive them of any meaningful judicial review, without any connection to terrorism or national security.

Furthermore, the new bill undermines the Checks and Balances of our country. Under the Constitution, government powers are given control by the courts, Congress, and the American people, informed by a free press. Checks and balances ensure to keep both the safety and freedom of our nation. Although the new bill which the Bush administration and those behind them say that the