Civil Liberties Restoration Act of 2004

Bill: 108-s-2528
Sponsor: Sen. Kennedy, Edward M. [D-MA]
Introduced: 2004-06-16 in the Senate
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Administrative law judges
Administrative procedure
Administrative remedies
Aliens
Armed Forces and National Security
Arrest
Bail
Business records
Classified defense information
Commerce
Confidential communications
Congress
Congressional reporting requirements
Court records
Crime and Law Enforcement
Criminal aliens
Criminal investigation
Criminal justice information
Data banks
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 reorganization
Fines (Penalties)
Fingerprints
Government Operations and Politics
Government paperwork
Illegal aliens
Immigration
Informers
Injunctions
Judicial review
Law
Military personnel
Parole
Presidential appointments
Prosecution
Right of privacy
Science, Technology, Communications
Searches and seizures
Visas
Warrants (Law)
Wiretapping

Summary:
action_date: 2004-06-16
text: 
Civil Liberties Restoration Act of 2004 - 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.


Legislative actions:
action_date: 2004-06-16
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S6891-6894)
action_date: 2004-06-16
text: Sponsor introductory remarks on measure. (CR S6889-6891)
action_date: 2004-06-16
text: Introduced in Senate