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17 Geo. Immigr. L.J. 357 (2002-2003)
Noncitizen Students and Immigration Policy Post-9/11

handle is hein.journals/geoimlj17 and id is 367 raw text is: ARTICLES NONCITIZEN STUDENTS AND IMMIGRATION POLICY POST-9/11 VICTOR C. ROMERO* I. INTRODUCTION My task is to describe the post-9/11 world for noncitizens students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizens students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity. II. THE USA-PATRIOT ACT OF 2001 The USA-PATRIOT Act of 2001' has been reviewed in the literature primarily for its expansion of the Attorney General's powers to detain and investigate alleged terrorists, both citizens and noncitizens. It has received much less attention from legal scholars for its effect on U.S. colleges and * Professor of Law, Pennsylvania State University - The Dickinson School of Law; e-mail: vcrl @psu.edu. I thank Michael Olivas and my research assistant, Jen DeMichael, for their help with this paper, which was delivered at the Immigration Law Section program of the Association of American Law Schools Annual Meeting on Jan. 4, 2003, and at the APALSA Conference at the University of Pennsylvania Law School on Feb. 22, 2003. Most importantly, I thank my wife, Corie, my children, Ryan and Julia, and my family in the Philippines for their constant love and support. I. Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, Act of 2001 (USA-PATRIOT Act), Pub. L. No. 107-56, 115 Stat. 272 (2001). 2. See, e.g., Susan Akram & Kevin Johnson, Race, Civil Rights, and Immigration Law After September 11, 2001: The Targeting of Muslims and Arabs, 58 N.Y.U. ANN. SURv. AM. L. 295 (2002); Sameer Ashar, Immigration Enforcement and Subordination: The Consequences of Racial Profiling After September 11, 34 CONN. L. REV. 1185 (2002); David Cole, Enemy Aliens, 54 STAN. L. REV. 953 (2002); Victor C. Romero, Proxies for Loyalty in Constitutional Immigration Law: Citizenship and Race After September II, DEPAUL L. REV. (forthcoming 2003); Leti Volpp, The Citizen and the Terrorist, 49 UCLA L. REV. 1575 (2002).

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