Quantity vs. Quality: The Misdirected War on Immigration and the Sweeping Effects of the Tier III Terrorist Organization

41 Rutgers L. Rec. 167 (2014) | WestLaw | LexisNexis | PDF

Present day terrorism has created an unprecedented amount of unique challenges to international peace and security. Many overzealous governments have taken a quantity over quality approach in passing counterterrorism laws, leaving their countries lost in a web of misdirected policies. National counterterrorism objectives have had an exceptional impact on the immigration policies of the United States, particularly following the terrorist attacks of September 11th. The 9/11 Commission Report concluded that several of the hijackers could have been potentially excluded or removed were it not for a number of deficiencies in the immigration system. Immigration reform was imperative, but the slew of legislative responses to September 11th was unprecedented and excessive. One of the more notorious pieces of legislation resulting from September 11th was the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, more commonly known as the Patriot Act. Not only did the Patriot Act infringe on Americans’ fundamental liberties, but it also imposed excessive immigration reform. This paper intends to explore the multitude of shortcomings with the Patriot Act’s creation of the Tier III terrorist organization, a provision that has wasted copious amounts of time and resources by investigating individuals that pose no threat to the United States. Time and resources better spent enforcing laws denying relief to individuals that actually pose a threat to the United States.

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