Mr. President. which I think require our very calm and deliberate consideration. such as the provision which provides for secret proceedings to deport alien terrorists. While deportation proceedings are characteristically described as a civil proceeding. under the due process clause of law has been held to apply. and the due process clause of the 14th amendment characteristically incorporates most of the specific provisions of the Bill of Rights including the right of confrontation. I have. grave reservations that any kind of a secret proceeding can pass constitutional muster. It is my thought that we may be able to solve the problem by deporting people suspected of being terrorists or known terrorists because they are in this country illegally. We all know that there are many aliens in the United States illegally. but there are not sufficient resources to deport all of them. It would be entirely possible for us to seek to deport aliens who are here illegally where there was cause to believe that they are terrorists but to deport them not through secret proceedings because they are terrorists but because they are in the United States illegally. Toward that end. I think we can abbreviate the procedures for deportation. including limiting appellate review. I think it is entirely possible to have. constitutionally. a definite period of preventive detention. and if there are defenses such as asylum. they can be litigated in relatively short order so that deportation of illegal aliens may be achieved without a conflict with the constitutional right of confrontation. Similarly. Mr.
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