Ashcroft unveils plan to make deportation easier

Terror in America: Immigration

Congress will start considering controversial new legislation today that would give US authorities the right to lock up foreigners considered to be terrorist suspects, and to have them deported without presenting any evidence.

Under the proposals drawn up the Justice Department after last week's attacks in New York and Washington, the only chance for an appeal would be at the point of removal from the country.

Earlier this week, the Attorney General, John Ashcroft, announced what he termed a "concerted national assault" on terrorism. "[The Government has] a responsibility to use every legal means at our disposal to prevent further terrorist activity by taking people into custody who have violated the law and who may pose a threat to America," he said.

"We're going to do everything we can to harmonise the constitutional rights of individuals with every legal capacity we can muster to protect the safety and security of individuals."

Mr Ashcroft said he had created an anti-terrorism task force with representatives from every US attorney's office in the country. He has also revised internal rules allowing the Immigration and Naturalisation Service (INS) to detain suspected illegal immigrants for 48 hours, instead of one day, before deciding whether to charge them. INS rules already allow any person who does not have legal permission to be in the US to be detained for an unlimited time in "extraordinary circumstances", which justice officials said would apply to the terrorism investigation.

But there is concern that the rush to counter the threat of terrorism could erode basic rights. Jeanne Butterfield, executive director of the American Immigration Lawyers Association, told The Washington Post that the proposed rules were more severe than legislation passed in 1996 allowing expanded use of "secret evidence" that did not have to be shown to the suspect.

Mike Maggio, an immigration lawyer, added: "This proposed legislation is making a doormat of the constitution. It would permit the INS to serve as prosecutor, judge and jury, with no judicial review."

The American Civil Liberties Union has warned against a rushed response that would create draconian legislation. "We are now in a fight against an enemy that has targeted not only our lives and property, but also the fundamental values of freedom and equality that are the hallmarks of our democracy," said Anthony Romero, the union's executive director. "If we allow our freedoms to be undermined, the terrorists will have won."

There are also concerns that the media could suffer from the crackdown. Pentagon officials have said the much-touted "new war" against terrorism will be fought under press restrictions not seen for years.

The officials said planning for possible military action had been "highly compartmentalised" to ensure the fewest number of people possible have access to war plans. The Defence Department has stopped posting on the internet the location of US warships; the website has not been updated since 10 September.

In addition, the Pentagon has no plans to allow reporters to deploy with troops, or report from warships – routine practices in the 1991 Gulf War.