I
107TH CONGRESS
1ST SESSION
H. R. 2113
To amend the Immigration and Nationality Act to ensure that no permanent
resident alien or alien in the United States with an unexpired visa
is removed or otherwise deprived of liberty, based on evidence that
is kept secret from the alien.
IN THE HOUSE OF REPRESENTATIVES
JUNE 7, 2001
Mr. ROHRABACHER introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to ensure
that no permanent resident alien or alien in the United
States with an unexpired visa is removed or otherwise
deprived of liberty, based on evidence that is kept secret
from the alien.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Secret Evidence
Against Lawful Aliens Repeal Act of 2001’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
‘‘(2) GENERAL
RULES
OF
APPLICATION.—In
applying subsection (a), the following general rules
apply:
‘‘(A) Any reference in CIPA to—
‘‘(i) a criminal defendant or a trial (or
pre-trial) proceeding is deemed to be a ref-
erence to the alien who is the subject of
the immigration proceeding and to the im-
migration proceeding;
‘‘(ii) an indictment or information at
issue is deemed to be a reference to a no-
tice to appear;
‘‘(iii) a dismissal of an indictment or
information is deemed a reference to termi-
nation of the immigration proceeding
against an alien; and
‘‘(iv) a trial court is deemed a ref-
erence (in the case of an administrative
immigration proceeding) to the presiding
officer in such proceeding.
‘‘(B) The provisions of section 2 of CIPA
(other than the last sentence) shall not be ap-
plied.
‘‘(C) The Attorney General shall prescribe
rules establishing procedures for the protection
against unauthorized disclosure of classified in-
formation in the custody of the Federal non-ju-
dicial officials in immigration proceedings. Such
rules shall apply instead of the rules described
in section 9 of CIPA.
‘‘(D) Section 12 of CIPA shall not be ap-
plied to immigration proceedings.
‘‘(E) In lieu of the reports described in
section 13 of CIPA, the Attorney General shall
report annually and in writing to the chairmen
and ranking minority members of the Commit-
tees on the Judiciary of the Senate and the
House of Representatives on the implementa-
tion of this section. Such reports shall include
the following information about each case
brought under this section:
‘‘(i) The alien’s country of citizenship
or, if the alien was stateless, the country in
which the alien last habitually resided out-
side of the United States.
‘‘(ii) The alien’s immigration status.
‘‘(iii) Whether the Federal district
court approved the summary of classified
information and the deletions or admis-
sions proffered by the Attorney General.
‘‘(iv) Whether the alien was ultimately
ordered 
removed 
under 
section
237(a)(4)(B) or was granted or denied ad-
mission.
‘‘(d) DISCLOSURE OF EXCULPATORY EVIDENCE.—In
any immigration proceeding under this section, the Attor-
ney General shall disclose to the alien information that
it would be required to disclose to a defendant in an analo-
gous criminal proceeding under CIPA.
‘‘(e) APPOINTMENT OF COUNSEL.—In any immigra-
tion proceeding described in subsection (a)(1), 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.
‘‘(f) CONSTRUCTION CONCERNING DECLASSIFICA-
TION OF INFORMATION.—Nothing in this section shall be
construed as preventing an alien who is lawfully admitted
for permanent residence or otherwise present in the
United States with an unexpired visa in an immigration
proceeding from seeking access to classified information
under section 552 of title 5, United States Code, or, in
the case of information which is not disclosed based on
section 552(b)(1) of such title, from initiating an action
to seek to declassify some or all of the information in-
volved.
‘‘(g) EXPEDITED
PROCEEDINGS.—To the extent
practicable and in the interests of justice, proceedings
under this section shall be conducted on an expedited
basis.
‘‘(h) DEFINITIONS.—For purposes of this section:
‘‘(1) IMMIGRATION
PROCEEDING.—The term
‘immigration proceeding’ means any administrative
proceeding under this Act.
‘‘(2) PRESIDING
OFFICER.—The term ‘pre-
siding officer’ means, with respect to an immigration
proceeding, the administrative or judicial official who
is presiding over the immigration proceeding.’’.
(b) CONFORMING AMENDMENTS.—
(1) ALIEN TERRORIST REMOVAL.—Title V of
the Immigration and Nationality Act is amended by
adding at the end the following new section:
‘‘SEC. 508. LIMITATION ON APPLICATION OF TITLE.
‘‘This title shall not apply to any alien who is lawfully
admitted for permanent residence or who is otherwise
present in the United States with an unexpired visa.’’.
(2) ALIENS’ RIGHTS IN PROCEEDINGS.—Section
240(b)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1229a(b)(4)(B)) is amended by in-
serting ‘‘(subject to section 295)’’ after ‘‘but’’.
(3) BURDEN ON ALIEN.—The last sentence of
section 240(c)(2) of such Act (8 U.S.C. 1229a(c)(2))
is amended by inserting ‘‘and for which disclosure is
not provided under section 295’’ after ‘‘not consid-
ered by the Attorney General to be confidential’’
(c) CLERICAL AMENDMENTS.—The table of contents
for the Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended—
(1) by inserting after the item relating to sec-
tion 294 the following new item:
‘‘Sec. 295. Application of procedures used under Classified Information Proce-
dures Act to certain immigration proceedings.’’; and
(2) by adding after the item relating to section
507 the following new item:
‘‘Sec. 508. Limitation on application of title.’’.
SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN BOND
PROCEEDINGS AND JUDICIAL REVIEW OF
BOND DETERMINATIONS.
(a) ALIENS’ RIGHTS IN BOND PROCEEDINGS.—Sec-
tion 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.—Sub-
ject to section 295, in proceedings under this section in
the case of an alien who is lawfully admitted for perma-
nent residence or otherwise present in the United States
with an unexpired visa—
‘‘(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 oppor-
tunity to examine the evidence against the alien, to
present evidence on the alien’s own behalf, and to
cross-examine all witnesses presented by the Govern-
ment; and
‘‘(3) a complete record shall be kept of all testi-
mony and evidence produced at the proceeding.’’.
(b) JUDICIAL REVIEW.—Section 236(e) of the Immi-
gration and Nationality Act (8 U.S.C. 1226(e)) is
amended—
(1) in the first sentence, by inserting ‘‘to an
alien who is not a lawful permanent resident or who
otherwise has an unexpired visa’’ after ‘‘application
of this section’’;
(2) in the second sentence, by inserting ‘‘who is
not a lawful permanent resident or who otherwise
has an unexpired visa’’ after ‘‘of any alien’’; and
(3) by adding at the end the following: ‘‘Not-
withstanding any other provision of law, any alien
who is a lawful permanent resident or who otherwise
has an unexpired visa and 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 ju-
dicial 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.’’.
SEC. 5. REPEAL OF USE OF SECRET EVIDENCE AGAINST
LAWFUL ALIENS.
Section 235(c)(1) of the Immigration and Nationality
Act (8 U.S.C. 1225(c)(1)) is amended to read as follows:
‘‘(1) REMOVAL WITHOUT FURTHER HEARING.—
‘‘(A) IN GENERAL.—Except in the case of
an alien described in subparagraph (B), if an
immigration officer or an immigration judge
suspects that an arriving alien may be inadmis-
sible under subparagraph (A) (other than
clause (ii)), (B), or (C) of section 212(a)(3), the
officer or judge shall—
‘‘(i) order the alien removed, subject
to review under paragraph (2);
‘‘(ii) report the order of removal to
the Attorney General; and
‘‘(iii) not conduct any further inquiry
or hearing until ordered by the Attorney
General.
‘‘(B) EXCEPTED ALIENS DESCRIBED.—An
alien described in this subparagraph is an alien
who—
‘‘(i) is a lawful permanent resident; or
‘‘(ii) has an unexpired visa.’’.
SEC. 6. 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 who is lawfully
admitted for permanent residence or otherwise present in
the United States with an unexpired visa 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 Ap-
peals or to any court—
(1) provide such alien a copy or transcript of
such information, and provide the alien with a rede-
termination of bond (or a reconsideration of the
terms of custody, as the case may be) based on evi-
dence disclosed to the alien and the alien’s response
to such evidence;
(2) withdraw from the record of any pro-
ceedings involving such alien any and all evidence,
testimony, or other information submitted by the
Government ex parte and in camera to the immigra-
tion judge, the Board of Immigration Appeals, or to
any court, as the case may be, and—
(A) release such alien if such alien is de-
tained; 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;
(3) initiate proceedings under section 295, if
applicable; or
(4) release such alien.
(b) TERMINATION OF PROCEEDINGS.—In the case of
an alien who is lawfully admitted for permanent residence
or otherwise in the United States with an unexpired visa
and who is in immigration proceedings as of the effective
date of this Act conducted under title V of the Immigra-
tion 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 dis-
cretion, commence de novo removal proceedings
within 10 days thereafter under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a)
and proceedings under section 295, if applicable.
SEC. 7. REGULATIONS.
The Attorney General shall promulgate regulations,
including regulations governing applications for with-
holding of deportation or removal and relief from deporta-
tion, exclusion, or removal to implement this Act not more
than 90 days after the effective date of this Act.
SEC. 8. 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 who are lawful permanent residents or who
otherwise have an unexpired visa without regard to the
date of arrival, admission, or entry into the United States.
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