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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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