Speech #1040069744

I have expressed in the past concern about the provisions of the pending legislation which authorize secret proceedings in certain instances. It had been my hope that we might have been able to deal with the problem of suspected terrorists without being involved in secret proceedings. I had been working on an amendment which would have dealt with people who were in the United States illegally. who could be proceeded against and deported because of their illegal status without the need for the government to rely on secret evidence. I have very grave concerns about the constitutionality of any deportation proceeding in which secret evidence is used and there is not a right of confrontation. Technically. deportation proceedings are civil in nature and therefore do not require the full scope of confrontation rights which are available in oriminal cases. Notwithstanding the fact that deportation proceedings are civil in nature. the courts have held that due process does attach to a deportation proceeding. It may well. be when the case reaches the Supreme Court of the United States that this due process requirement will be found to pick up the right of confrontation under the sixth amendment. Certainly. the due process clause of the 14th amendment. which is applied to the States. does pick up the confrontation provision of the sixth amendment. By analogy. it may well pick up confrontation rights as it is applies to deportation proceedings. as well. But in reviewing the existing deportation laws. there would be a much broader change necessary to deport those who are here simply illegally without getting into the question of evidence as to terrorism. There is obviously a grave concern about disclosure of confidential information involving terrorism. because sources and methods could be compromised. I understand the Senator from Illinois. Senator SIMON. is going to offer an amendment which will require a summary of the classified information being relied on by the government in the deportation proceeding. Frankly. that does not go as far as I would like to see the protections go. but that may be all that can be accomplished under the current bill. We will subsequently be taking up the immigration laws generally and it may be that at that time we can craft procedures which will protect the public interest of getting out of the country people who are known terrorists. where there is substantial evidence to that effect. even though that evidence cannot be produced in a context of confrontation. which someone would be entitled to under a criminal proceeding. I am also concerned about the reliance on classified evidence in cases involving the Secretary of the Treasurys designation of foreign organizations as terrorist organizations. The substitute represents a substantial improvement to the bill as introduced.