In the post-September 11 era, the concern over global terrorism has resulted in the enactment of a statutory regime in the United States that has pushed (some say exceeded) the boundaries of the traditional balance of interests between individual rights and those of society (here national security) to the edge. Critics of this new statutory scheme, in particular the USA PATRIOT Act, Pub.L. 107-56, 115 Stat. 272 (2001), have argued that aspects of it practice racial profiling and are discriminatory by nature. These changes have had far reaching effects on the immigration controls regulated by administrative agencies ...