[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2121 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2121

    To ensure that no alien is removed, denied a benefit under the 
  Immigration and Nationality Act, or otherwise deprived of liberty, 
         based on evidence that is kept secret from the alien.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1999

Mr. Bonior (for himself and Mr. Campbell, Mr. Barr of Georgia, and Mr. 
   Conyers) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To ensure that no alien is removed, denied a benefit under the 
  Immigration and Nationality Act, or otherwise deprived of liberty, 
         based on evidence that is kept secret from the alien.

    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 ``Secret Evidence Repeal Act of 
1999''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) No person physically present in the United States, 
        including its outlying possessions, should be deprived of 
        liberty based on evidence kept secret from that person, 
        including information classified for national security reasons.
            (2) Removal from the United States can separate a person 
        from the person's family, may expose the person to persecution 
        and torture, and amounts to a severe deprivation of liberty.
            (3) Use of secret evidence in immigration proceedings 
        deprives the alien of due process rights guaranteed under the 
        United States Constitution and undermines our adversarial 
        system, which relies on cross-examination as an engine of 
        truth-seeking.

SEC. 3. REPEAL OF SECRET EVIDENCE COURT PROCEDURES.

    (a) Repeal.--Title V of the Immigration and Nationality Act (8 
U.S.C. 1531-1537) is repealed.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by striking the title heading, and the items, relating to title 
V.

SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN OTHER IMMIGRATION 
              PROCEEDINGS.

    (a) Alien's Rights in Proceedings.--Section 240(b)(4)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B)) is amended to 
read as follows:
                    ``(B) the alien shall have a reasonable opportunity 
                to examine all of the evidence against the alien, to 
                present evidence on the alien's own behalf, and to 
                cross-examine all witnesses presented by the 
                Government, and''.
    (b) Burden on Alien.--Section 240(c)(2) of such Act (8 U.S.C. 
1229a(c)(2)) is amended by striking the last sentence and inserting the 
following:
        ``In meeting the burden of proof under subparagraph (B), the 
        alien shall have access to the alien's visa or other entry 
        document, if any, and any other records and documents 
        pertaining the alien's admission or presence in the United 
        States.'''.

SEC. 5. REPEAL OF USE OF SECRET EVIDENCE TO DENY AFFIRMATIVE 
              APPLICATIONS FOR IMMIGRATION BENEFITS.

    (a) In General.--Title I of the Immigration and Nationality Act is 
amended by adding at the end the following:

``SEC. 106. REPEAL OF USE OF SECRET EVIDENCE TO DENY AFFIRMATIVE 
              APPLICATIONS FOR IMMIGRATION BENEFITS.

    ``No decision on any immigration benefit (including the granting of 
asylum, the withholding of deportation or removal, adjustment of 
status, naturalization, or the granting of temporary protected status) 
shall be made on the basis of any evidence not shared with the 
applicant.''.
    (b) Clerical Amendment.--The table of sections for such Act is 
amended by adding at the end of the items relating to title I the 
following new item:

``Sec. 106. Repeal of use of secret evidence to deny affirmative 
                            applications for immigration benefits.''.

SEC. 6. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS AND 
              JUDICIAL REVIEW OF BOND DETERMINATIONS.

    (a) Judicial Review.--Section 236(e) of the Immigration and 
Nationality Act (8 U.S.C. 1226(e)) is amended to read as follows:
    ``(e) Judicial Review.--Notwithstanding any other provision of law, 
any alien against whom an order concerning detention, release on bond 
or parole pending or subsequent to an order of deportability, 
excludability, or removability shall be entitled to judicial review 
thereof in habeas corpus proceedings to determine whether the Attorney 
General is acting in violation of the laws or Constitution of the 
United States, or is not proceeding with such reasonable dispatch as 
may be warranted by the particular facts and circumstances of the 
case.''.
    (b) Aliens' Rights in Bond Proceedings.--Section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at 
the end the following:
    ``(f) Aliens' Rights in Bond Proceedings.--In proceedings under 
this section--
            ``(1) the alien shall have the privilege of being 
        represented, at no expense to the Government, by counsel of the 
        alien's choosing who is authorized to practice in such 
        proceedings;
            ``(2) the alien shall have a reasonable opportunity to 
        examine all of the evidence against the alien, to present 
        evidence on the alien's own behalf, and to cross-examine all 
        witnesses presented by the Government; and
            ``(3) a complete record shall be kept of all testimony and 
        evidence produced at the proceeding.''.

SEC. 7. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL PERMANENT 
              RESIDENTS, ASYLUM SEEKERS, AND ALIENS PAROLED INTO THE 
              UNITED STATES.

    Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1225(c)(1)) is amended by striking ``If'' and inserting: ``Except in 
the case of an alien who (i) is a lawful permanent resident; (ii) was 
granted advance parole; (iii) was paroled into the United States under 
section 212(d)(5); or (iv) is seeking asylum, if''.

SEC. 8. TRANSITION.

    (a) Application to Detainees.--Not more than 30 days after the 
effective date of this Act, the Attorney General shall, with respect to 
any alien then detained or whose liberty is otherwise restricted by the 
Attorney General, on the basis in whole or in part of information 
submitted by the Government ex parte and in camera to an immigration 
judge, to the Board of Immigration Appeals or to any court--
            (1) provide such alien a copy or transcript of such 
        information, and provide the alien with a redetermination of 
        bond (or a reconsideration of the terms of custody, as the case 
        may be) based on evidence disclosed to the alien and the 
        alien's response to such evidence; or
            (2) withdraw from the record of any proceedings involving 
        such alien any and all evidence, testimony, or other 
        information submitted by the Government ex parte and in camera 
        to the immigration judge, the Board of Immigration Appeals, or 
        to any court, as the case may be, and--
                    (A) release such alien if such alien is detained; 
                and
                    (B) cease all restrictions on the liberty of such 
                alien if such restrictions exist,
        unless detention is warranted solely on the basis of evidence 
        disclosed to the alien; or
            (3) release such alien.
    (b) Application to Aliens Seeking Immigration Benefits.--Not more 
than 30 days after the effective date of this Act, the Attorney General 
shall, with respect to any alien physically present in the United 
States whose application for an immigration benefit is or was opposed 
by the Government on the basis in whole or in part of information 
submitted by the Government ex parte and in camera to an immigration 
judge, to the Board of Immigration Appeals, or to any court--
            (1) provide such alien a copy or transcript of such 
        information and a reasonable opportunity to respond to such 
        information, and grant or deny the application or reopen the 
        proceedings and afford the alien de novo reconsideration of the 
        application, as the case may be, based solely on evidence in 
        the public record; or
            (2) withdraw from the record of any proceedings involving 
        such alien any and all evidence, testimony, or other 
        information submitted by the Government ex parte and in camera 
        to the immigration judge, the Board of Immigration Appeals, or 
        to any court, as the case may be, and grant or deny the 
        application or reopen the proceedings and afford the alien de 
        novo reconsideration of the application, as the case may be, 
        based solely on evidence in the public record; or
            (3) grant the application.
    (c) Termination of Proceedings.--In the case of an alien in 
immigration proceedings as of the effective date of this Act conducted 
under title V of the Immigration and Nationality Act--
            (1) such proceedings are terminated as of the effective 
        date of this Act without prejudice to the Attorney General or 
        the alien; and
            (2) the Attorney General may, in his or her discretion, 
        commence de novo removal proceedings within 10 days thereafter 
        under section 240 of the Immigration and Nationality Act (8 
        U.S.C. 1229a).

SEC. 9. REGULATIONS.

    The Attorney General shall promulgate regulations, including 
regulations governing applications for asylum, withholding of 
deportation or removal, adjustment of status, naturalization, temporary 
protected status, and relief from deportation, exclusion, or removal to 
implement this Act not more than 90 days after the effective date of 
this Act.

SEC. 10. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
the enactment of this Act and shall apply to all aliens without regard 
to the date of arrival, admission, entry, or parole into the United 
States.
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