TITLE VI—TERRORIST ALIENS
SEC. 601. 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 sec-
tion—
‘‘(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 Clas-
sified 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 sec-
tion.
‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The
provisions of this section shall apply whenever the Attor-
ney 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 deporta-
tion 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 7 judges from
up to 7 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
PROCE-
DURE.—(1) When the Attorney General makes the appli-
cation 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 sub-
section (e), if the judge determines that there is probable
cause to believe that—
‘‘(A) the alien who is the subject of the applica-
tion has been correctly identified;
‘‘(B) a deportation proceeding described in sec-
tions 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 au-
thorized by a showing of probable cause described in sub-
section (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 finan-
cially 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 evi-
dence on his own behalf, and except as provided in para-
graph (4), shall have a right to cross-examine any witness
or request that the judge issue a subpoena for the pres-
ence 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 para-
graph (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 evi-
dence 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 (4)(B) will provide the alien with sub-
stantially the same ability to make his defense as
would disclosure of the specific evidence, or
‘‘(B) that disclosure of even the substituted evi-
dence 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 sub-
section (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 re-
ceived (in camera and otherwise), require that the alien
be deported if the Attorney General proves, by clear, con-
vincing, and unequivocal evidence, that the alien is subject
to deportation because he is an alien as described in sec-
tion 241(a)(4)(B).
‘‘(g) APPEALS.—(1) The alien may appeal a deter-
mination under subsection (f) to the court of appeals for
the Federal Circuit, by filing a notice of appeal with such
court within 20 days of the determination under such sub-
section.
‘‘(2)(A) The Attorney General may appeal a deter-
mination 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 20 days of the determination under
any one of such subsections.
‘‘(B) 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. If the At-
torney General is appealing a determination under sub-
section (d) or (e), the court of appeals shall consider such
appeal in camera and ex parte.’’.
SEC. 602. MEMBERSHIP IN A TERRORIST ORGANIZATION AS
A BASIS FOR EXCLUSION FROM THE UNITED
STATES UNDER THE IMMIGRATION AND NA-
TIONALITY ACT.
Section 212(a)(3)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(3)(B)) is amended—
(1) in clause (i)(II) by inserting ‘‘or’’ at the
end;
(2) by adding after clause (i)(II) the following:
‘‘(III) is a member of an organi-
zation that engages in, or has engaged
in, terrorist activity or who actively