FBI name check: Comprehensive Immigration Reform Act to stop current FBI lawsuits

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avernet

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I am reading on the Wikibook name check page that:

[...] the Comprehensive Immigration Reform Act of 2007, S.1348 (Placed on Calendar in Senate as of May 19, 2007), in Section 531, has a clause that will prohibit a court from setting a deadline by which the name check must be completed. Thus lawsuits may not be effective in the future.

That definitely doesn't seem to be a good idea! If by law the FBI has to give a result in certain amount of time, it doesn't make sense to create legislation that would prevent a court from making a jugment based on this law. Or I am reading this incorrectly?

For reference here is the relevant section of the Comprehensive Immigration Reform Act mentioned above.

Alex
 
USCIS tried to get something similar last year by trying to remove 1447b. It was watered down between the HR and Senate readings and then that bill was put in the closet.
That amendment caught someone's eye in the Senate. I'm sure it'll catch someone's eye this time too.
 
Write to your senator?

bashar82 said:
USCIS tried to get something similar last year by trying to remove 1447b. It was watered down between the HR and Senate readings and then that bill was put in the closet.
That amendment caught someone's eye in the Senate. I'm sure it'll catch someone's eye this time too.
Click to expand...

Should we write our Senator, to help bring this to their attention?

Alex
 
Well, if you look at this bill you'll find that New cross-department task force will be created to complete all background checks older then 2 years.
Congress will approve additional 3 million $ a year for NNCP and approval to hire more staff. Senate will require all background checks to be completed withing 180 days and FBI has to report to Congress about it. If FBI will provide prove that subject of NC could be security threat, fur such individuals longer NC will be approved and it is when you cannot sue them.
If someone will be tagged as suspect - forget about lawsuit and wait.
This is what I understood. I beleive it will be not almost half million long list as now.
 
z350 said:
If FBI will provide prove that subject of NC could be security threat, fur such individuals longer NC will be approved and it is when you cannot sue them. If someone will be tagged as suspect - forget about lawsuit and wait.
Click to expand...

Prove to whom? That is the question. What recourse does the subject of the NC have to make sure that the FBI is handling the case in a timely manner? In May 2006, USCIS reported that there are 82,824 NC pending for more than 1 year. A NC that take more than 1 year cannot be considered to be done in a timely manner, especially when we are talking about such a large number of pending NC. Again we have in the order of a hundred thousand NC that has been pending for more than 1 year!

People in this situation now have the option of doing a lawsuit. It doesn't mean that because a lawsuit is filed that the FBI is forced to approve the NC. But at least the FBI is forced to look at the case (which by that time might well have been "lost" somewhere), and the FBI has to explain to the judge why it can't conclude the NC.

If this clause stays in the bill, we are restricting the right people have now to file a lawsuit in those cases. This is unjust, and reduced even further the accountability of the government.

Alex
 
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