[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 270 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 270

   To provide special procedures for the removal of alien terrorists.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 24 (legislative day, January 10), 1995

  Mr. Smith (for himself, Mr. Simpson, Mr. D'Amato, Mr. Cochran, Mr. 
  Reid, and Mr. Gregg) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide special procedures for the removal of alien terrorists.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alien Terrorist Removal Act of 
1995''.

SEC. 2. REMOVAL OF ALIEN TERRORISTS.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
amended by inserting the following new section:

                     ``removal of alien terrorists

    ``Sec. 242C. (a) Definitions.--As used in this section--
            ``(1) the term `alien terrorist' means any alien described 
        in section 241(a)(4)(B);
            ``(2) the term `classified information' has the same 
        meaning as defined in section 1(a) of the Classified 
        Information Procedures Act (18 U.S.C. App. IV);
            ``(3) the term `national security' has the same meaning as 
        defined in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App. IV);
            ``(4) the term `special court' means the court described in 
        subsection (c) of this section; and
            ``(5) the term `special removal hearing' means the hearing 
        described in subsection (e) of this section.
    ``(b) Application for Use of Procedures.--The provisions of this 
section shall apply whenever the Attorney General certifies under seal 
to the special court that--
            ``(1) the Attorney General or Deputy Attorney General has 
        approved of the proceeding under this section;
            ``(2) an alien terrorist is physically present in the 
        United States; and
            ``(3) removal of such alien terrorist by deportation 
        proceedings described in sections 242, 242A, or 242B would pose 
        a risk to the national security of the United States because 
        such proceedings would disclose classified information.
    ``(c) Special Court.--
            ``(1) The Chief Justice of the United States shall publicly 
        designate up to seven judges from up to seven United States 
        judicial districts to hear and decide cases arising under this 
        section, in a manner consistent with the designation of judges 
        described in section 103(a) of the Foreign Intelligence 
        Surveillance Act (50 U.S.C. 1803(a)).
            ``(2) The Chief Justice may, in the Chief Justice's 
        discretion, designate the same judges under this section as are 
        designated pursuant to 50 U.S.C. 1803(a).
    ``(d) Invocation of Special Court Procedure.--
            ``(1) When the Attorney General makes the application 
        described in subsection (b), a single judge of the special 
        court shall consider the application in camera and ex parte.
            ``(2) The judge shall invoke the procedures of subsection 
        (e), if the judge determines that there is probable cause to 
        believe that--
                    ``(A) the alien who is the subject of the 
                application has been correctly identified;
                    ``(B) a deportation proceeding described in 
                sections 242, 242A, or 242B would pose a risk to the 
                national security of the United States because such 
                proceedings would disclose classified information; and
                    ``(C) the threat posed by the alien's physical 
                presence is immediate and involves the risk of death or 
                serious bodily harm.
    ``(e) Special Removal Hearing.--
            ``(1) Except as provided in paragraph (4), the special 
        removal hearing authorized by a showing of probable cause 
        described in subsection (d)(2) shall be open to the public.
            ``(2) The alien shall have a right to be present at such 
        hearing and to be represented by counsel. Any alien financially 
        unable to obtain counsel shall be entitled to have counsel 
        assigned to represent such alien. Counsel may be appointed as 
        described in section 3006A of title 18, United States Code.
            ``(3) The alien shall have a right to introduce evidence on 
        his own behalf, and except as provided in paragraph (4), shall 
        have a right to cross-examine any witness or request that the 
        judge issue a subpoena for the presence of a named witness.
            ``(4) The judge shall authorize the introduction in camera 
        and ex parte of any item of evidence for which the judge 
        determines that public disclosure would pose a risk to the 
        national security of the United States because it would 
        disclose classified information.
            ``(5) With respect to any evidence described in paragraph 
        (4), the judge shall cause to be delivered to the alien 
        either--
                    ``(A)(i) the substitution for such evidence of a 
                statement admitting relevant facts that the specific 
                evidence would tend to prove, or (ii) the substitution 
                for such evidence of a summary of the specific 
                evidence; or
                    ``(B) if disclosure of even the substituted 
                evidence described in subparagraph (A) would create a 
                substantial risk of death or serious bodily harm to any 
                person, a statement informing the alien that no such 
                summary is possible.
            ``(6) If the judge determines--
                    ``(A) that the substituted evidence described in 
                paragraph (5)(A) will provide the alien with 
                substantially the same ability to make his defense as 
                would disclosure of the specific evidence, or
                    ``(B) that disclosure of even the substituted 
                evidence described in paragraph (5)(A) would create a 
                substantial risk of death or serious bodily harm to any 
                person, then the determination of deportation 
                (described in subsection (f)) may be made pursuant to 
                this section.
    ``(f) Determination of Deportation.--
            ``(1) If the determination in subsection (e)(6)(A) has been 
        made, the judge shall, considering the evidence on the record 
        as a whole, require that the alien be deported if the Attorney 
        General proves, by clear and convincing evidence, that the 
        alien is subject to deportation because he is an alien as 
        described in section 241(a)(4)(B).
            ``(2) If the determination in subsection (e)(6)(B) has been 
        made, the judge shall, considering the evidence received (in 
        camera and otherwise), require that the alien be deported if 
        the Attorney General proves, by clear, convincing, and 
        unequivocal evidence, that the alien is subject to deportation 
        because he is an alien as described in section 241(a)(4)(B).
    ``(g) Appeals.--
            ``(1) The alien may appeal a determination under subsection 
        (f) to the court of appeals for the Federal Circuit, by filing 
        a notice of appeal with such court within twenty days of the 
        determination under such subsection.
            ``(2) The Attorney General may appeal a determination under 
        subsection (d), (e), or (f) to the court of appeals for the 
        Federal Circuit, by filing a notice of appeal with such court 
        within twenty days of the determination under any one of such 
        subsections.
            ``(3) When requested by the Attorney General, the entire 
        record of the proceeding under this section shall be 
        transmitted to the court of appeals under seal. The court of 
        appeals shall consider such appeal in camera and ex parte.''.
                                 <all>