Center for National Security Studies
2130 H Street, NW, Suite 701
Washington, DC 20037
tel: (202) 994-7060 fax: (202) 994-7005
e-mail: [email protected]

Terrorism Law Is Major Setback for Civil Liberties

In a major blow to the Bill of Rights, Congress has passed and President Clinton on April 24 signed the anti-terrorism bill, Pub. L.104-132. The new law, which took effect upon signing - For more information on the provisions summarized above, see the memo posted below, which CNSS prepared in 1995 when the bill was first introduced.

A few objectionable provisions sought by the President having to do with wiretaps were dropped but these would have been incremental in their effect compared to the radical changes that were adopted.

Designation of Terrorist Groups --
An Inherently Political Decision with Wide-Reaching Consequences

Under the new law, the Secretary of State is authorized to designate certain foreign entities as "terrorist organizations". Three sets of consequences flow from the Secretary of Stateís decsion to designate a foreign entity as a terrorist organization: (1) it is a crime for anybody in this country to contribute money or other material support to the activities, including the legal social, political and humanitarian activities of the group; (2) all members of the group are ineligible for visas, even if they have never been involved in illegal activities: and (3) the government can use secret evidence to deport alleged members of such groups.

The new law allows the decision of the Secretary of State to designate a group as terrorist to be based on classified evidence, and if challenged in court, the Secretary of State's decision can be defended on the basis of secret evidence.
The government admits that some of the groups it will designate are broad-based organizations engaged in both lawful social, political and humanitarian activities as well as violent activities. The law already provided that individuals who have engaged, or are likely to engage, in terrorist activities are to be excluded and deported from the U.S.

McCarran-Walter Ideological Exclusions Reemerge;
First Amendment Rights of Americans at Stake

The First Amendment grants Americans the right to receive information and ideas, especially ideas the government finds objectionable. This First Amendment right includes the receipt of information from abroad. One highly effective way of transmitting information remains the personal encounter, through speeches, conferences and meetings. The immigration law sets the standards both for excluding aliens from permanent admission and making them ineligible for visas for temporary visits. Rendering a category of aliens "excludable" on ideological grounds means that they cannot come here even temporarily to speak or engage in other activities implicating the First Amendment rights of U.S. citizens.

Less than six years ago, Congress repealed the ideological exclusion provisions of the McCarran-Walter Act, which had barred foreigners from obtaining visas to visit the U.S. based on their political activities and associations. Since adoption of the Immigration Act of 1990, foreigners can be denied visas based on their own acts, not based on beliefs, advocacy or associations that would be protected under the First Amendment if engaged in by a person within the U.S. Foreigners seeking to visit the U.S. to speak or lecture can be barred if there is reason to believe that they had engaged or would engage in the U.S. in criminal conduct. This reform, a major victory for CNSS and the Free Trade in Ideas coalition, is now being reversed. The terrorism bill amends the Immigration Act to exclude any alien who is a member of a group designated by the Secretary of State as terrorist, even if the individual had only participated in the group's political or humanitarian activities.

Conclusion

Provisions of the omnibus terrorism law will almost certainly be subject to judicial challenge on constitutional grounds. For now, the law represents the worst setback for civil liberties in many years.



<--- Return to the CDT Counter-Terrorism Page

Home Return to CDT Home Page
Posted on June 20, 1996 || For more information, contact [email protected].