I
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 Com-
mittee on the Judiciary
A BILL
To ensure that no alien is removed, denied a benefit under
the Immigration and Nationality Act, or otherwise de-
prived 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 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 sepa-
rate 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 pro-
ceedings 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 PROCE-
DURES.
(a) REPEAL.—Title V of the Immigration and Na-
tionality Act (8 U.S.C. 1531–1537) is repealed.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 op-
portunity to examine all of the evidence against
the alien, to present evidence on the alien’s own
behalf, and to cross-examine all witnesses pre-
sented 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 subpara-
graph (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 admis-
sion or presence in the United States.’’’.
SEC. 5. REPEAL OF USE OF SECRET EVIDENCE TO DENY AF-
FIRMATIVE APPLICATIONS FOR IMMIGRA-
TION BENEFITS.
(a) IN GENERAL.—Title I of the Immigration and
Nationality Act is amended by adding at the end the fol-
lowing:
‘‘SEC. 106. REPEAL OF USE OF SECRET EVIDENCE TO DENY
AFFIRMATIVE APPLICATIONS FOR IMMIGRA-
TION 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 Immi-
gration and Nationality Act (8 U.S.C. 1226(e)) is amend-
ed to read as follows:
‘‘(e) JUDICIAL REVIEW.—Notwithstanding any other
provision of law, any alien against whom an order con-
cerning 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 At-
torney General is acting in violation of the laws or Con-
stitution of the United States, or is not proceeding with
such reasonable dispatch as may be warranted by the par-
ticular facts and circumstances of the case.’’.
(b) 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.—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 oppor-
tunity 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 testi-
mony 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