Mr. President. classified information cannot be used to establish the deportability of aliens. In other words. any and all information that the Government uses to seek the deportation of an alien must be disclosed to the alien. Thus. in situations in which the Government does not have sufficient unclassified information to establish the deportability of a terrorist alien. the Government faces a catch22 situation. It faces two untenable choices. in other words: On the one hand. the Government did declassify enough of its evidence against the terrorist to get that alien lawfully deported. But sometimes that simply cannot be done because the information is so sensitive that its disclosure to the alien would endanger the lives of human sources or compromise secret methods of intelligence gathering. That choice then is untenable.
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