WASHINGTON — Amid an outpouring of national unity, some members of Congress have quietly begun to resist the administration's tough new security measures aimed at noncitizens, voicing particular concerns about jailing even permanent legal immigrants without charge for indefinite periods.
While there is broad support for new security powers in the wake of the terrorist attacks, some lawmakers have misgivings about parts of the sweeping White House proposal, which includes new authority to detain and expel lawful residents deemed national security risks. Some fear the enshrining of guilt by association as a basis of detention and deportation.
"We must deport people who are intent on harming the United States, and that may require amending our immigration laws," Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, told The Times. "But we need to ensure that any expanded powers we give to the government are based on the use of evidence, not mere suspicion. We should not brand legal permanent residents as terrorists, and detain them indefinitely without giving them the chance to clear their names before a court."
At issue in the widening debate are civil immigration proceedings, not criminal cases against suspected terrorists.
Senate Judiciary Committee staffers planned to huddle with Justice Department officials all weekend in a scramble to complete legislation on a range of measures. Among the items being debated are proposals to:
* Mandate that U.S. authorities jail and deport any noncitizen whom the attorney general certifies as a threat under broad new definitions of terrorist groups. Those targeted for alleged terrorist associations would have no right to a hearing before an immigration judge.
* Allow deportation of legal U.S. residents found to support even the lawful activities of an organization that had ever used or threatened to use a weapon against a person or property.
* Broaden the grounds on which foreigners and their families may be denied admittance to the United States for suspected terrorist links, such as aiding a group that U.S. authorities say endorses terrorism.
Last week, Atty. Gen. John Ashcroft imposed new powers to hold noncitizens in detention for an unspecified period of time, without filing charges against them, due to "emergency or other extraordinary circumstances." Dozens of Middle Eastern nationals are already being held under these new rules.
