PATRIOT Act of 2001

What the Act Does

The most controversial provisions increased access to all forms of electronic and nonelectronic communication and records, eliminated a need for probable cause in “sneak and peak” searches, gave the secretary of the treasury the authority to regulate financial transactions linked to terrorism, and gave the Federal Bureau of Investigation (FBI) (in concert with the Bureau of Immigration and Customs Enforcement [ICE]) broad discretion in questioning, detaining, and deporting immigrants relative to terrorism investigations.

The most negative racial/ethnic impact was the profiling and severe curtailment of the rights of certain temporary visitors, permanent resident aliens, and visa overstayers in the United States. The Department of Justice classified young male immigrants of certain national origins and Islamic religious affiliation as targets for interviews and special registration. National origins targeted included Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United [Page 1031]Arab Emirates, and Yemen. The FBI set out to interview 5,000 men between 18 and 33 years of age who had entered the United States from countries thought to harbor cells of Al Qaeda, the group responsible for the 9/11 attacks. These interviews were “voluntary,” but if noncitizens did not appear it became an immigration violation and they could be deported.

The PATRIOT Act gives the attorney general unilateral authority regarding detainment. Detainees are not allowed to appeal any charge related to suspicion of terrorism. The law defined terrorist suspect so broadly that even a very remote contact or transaction could result in detention. Some suspects had connections to a humanitarian organization that the government believes had passed money for terrorists. ICE is allowed to keep a noncitizen suspect in detention even if an immigration judge orders that person to be released. ICE is routinely allowed to appeal a release order without any need to provide evidence that would change a judicial decision.

The PATRIOT Act may have been used for, or may have resulted in, a sweep to remove immigrants as a result of their national origin and religion. Visa over-stayers who were “out of status” were identified and ordered to be deported regardless of any ties to terrorists. In addition, ICE detained many noncitizen men secretly with no access to their families or lawyers under the provision for “special interest cases” of the PATRIOT Act. Many became subject to indefinite detention during these lengthy investigations. Previously, the U.S. Supreme Court had found indefinite detention to be unconstitutional, but the PATRIOT Act again authorized it. In 2006, its use to combat terrorism was authorized by the Court. The wives and children of detained and deported men suffered both emotionally and financially. Immigrant advocates tried to provide legal assistance for detainees, but the ICE practice of moving them between detention facilities made this difficult.

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