Civil Liberties Restoration Act of 2005

To restore civil liberties under the First Amendment, the Immigration and Nationality Act, and the Foreign Intelligence Surveillance Act.

4/6/2005--Introduced.
Civil Liberties Restoration Act of 2005 - Amends the Immigration and Nationality Act (INA) to require removal proceedings to be open to the public subject to specified exceptions.
Requires the Secretary of Homeland Security to:
(1) serve notice to appear within 48 hours on aliens arrested or detained under the INA and bring them before an immigration judge within 72 hours, with exceptions for aliens certified as engaging in espionage or terrorism; and
(2) conduct individualized bond determinations reviewable by an immigration judge.
Limits the authority of the Board of Immigration Review (created by this Act) to stay release orders.
Abolishes the Executive Office of Immigration Review and replaces it with the Immigration Review Commission.
Terminates the National Security Entry-Exit Registration System (NSEERS) and most NSEERS-related removal proceedings.
Requires the Secretary to use prosecutorial discretion in immigration enforcement. Eliminates criminal penalties and deportation, and establishes civil penalties, for an alien's violation of registration and change of address requirements. Requires data entered into the National Crime Information Center database to meet Privacy Act accuracy requirements.
Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to authorize (currently, require) courts to review in camera and ex parte materials relating to, or information derived from, electronic surveillance, physical searches, business records, and pen registers or trap and trace devices under FISA where the Attorney General asserts that disclosure implicates national security. Requires disclosure of such materials to comport with the Classified Information Procedures Act.
Requires Federal agencies to report data-mining activities to Congress.
Prohibits orders requiring the production of certain business records in the course of foreign intelligence or international terrorism investigations absent a finding that specific and articulable facts support the belief that the person to whom the records pertain is a foreign power.


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Sponsor

• Rep. Howard Berman [D, CA-28]
• and 11 Co-Sponsors
  • Rep. John Conyers [D, MI-14]
  • Rep. William Delahunt [D, MA-10]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Luis Gutierrez [D, IL-4]
  • Rep. Maurice Hinchey [D, NY-22]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. Edward Pastor [D, AZ-4]
  • Rep. Charles Rangel [D, NY-15]
  • Rep. Janice Schakowsky [D, IL-9]
  • Rep. Fortney Stark [D, CA-13]
  • Rep. Anthony Weiner [D, NY-9]
  close

Committees

• House Homeland Security
• 3 more
  • House Judiciary
  • House Intelligence (Permanent Select)
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.1502

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
April 06, 2005

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All Bill Actions

• Jul 08, 2005: Subcommittee on Immigration, Border Security, and Claims Discharged.
• May 10, 2005: Referred to the Subcommittee on Immigration, Border Security, and Claims.
• Apr 07, 2005: Introductory remarks on measure. (CR E588)
• Introduced on Apr 06, 2005.
• Apr 06, 2005: Referred to House Homeland Security

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Related Issue Areas:

• Civil liberties
• Administrative law judges
• Administrative procedure
• Administrative remedies
• 56 more
• Aliens
• Armed forces
• Arrest
• Bail
• Business
• Business records
• Classified defense information
• Confidential communications
• Congress
• Congressional oversight
• Congressional reporting requirements
• Court records
• Criminal aliens
• Criminal investigation
• Criminal justice
• Criminal justice information
• Data banks
• Defense policy
• Department of Homeland Security
• Department of Justice
• Deportation
• Detention of persons
• Discovery (Law)
• Due process of law
• Electronic government information
• Electronic surveillance
• Evidence (Law)
• Executive departments
• Executive reorganization
• Fines (Penalties)
• Fingerprints
• Foreign agents
• Foreign policy
• Government information
• Government paperwork
• Humanities
• Illegal aliens
• Immigration
• Informers
• Injunctions
• Intelligence activities
• Judicial review
• Law
• Libraries
• Military personnel
• Parole
• Politics and government
• Presidential appointments
• Presidents
• Prosecution
• Right of privacy
• Searches and seizures
• Technology
• Telecommunication
• Visas
• Warrants (Law)

Data from the Congressional Research Service

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