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H.R.4591 / 108th Congress

Civil Liberties Restoration Act of 2004

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Official summary

Version 00 · Introduced in House · Jun 16, 2004

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.

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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.

Prohibits orders requiring the production of certain business records in the course of foreign intelligence or international terrorism investigations absent a finding that specific and articulable facts support the belief that the person to whom the records pertain is a foreign power.

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Who introduced it

Rep. Berman, Howard L. [D-CA-28] · D–CA

Committees

  • Judiciary Committee
  • Intelligence (Permanent Select) Committee
22 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

  2. Referred to the Subcommittee on Immigration, Border Security, and Claims.

  3. Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  5. Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  6. Sponsor introductory remarks on measure. (CR E1144)

  7. Introduced in House

  8. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Aug 18, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.4591 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.4591 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

Examine H.R.4591 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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