Speech #1040186945

These were thoroughly discussed. debated in committee. and the bill will be incomplete without these alien terrorist removal provisions. They do not deny due process rights to aliens. An alien will not find himself in these proceedings unless a Federal district court Judge finds that there is probable cause to believe that the alien is a terrorist and that the use of normal deportation proceedings would pose a risk to the national security of the United States. The alien in entitled to courtappointed counsel at these special hearings. which will be open to the public. The alien gets extensive rights to confront and crossexamination witnesses and examine any nonclassified information. Now. when you get to classified information. it may be used as evidence in the deportation proceedings. but only if the alien is given an adequate summary of the classified information that will enable him to defend the allegations. Legal permanent resident aliens will be given an attorney at Government expense who can challenge the classified information if no summary can be provided. The only circumstance in which classified information can be used without providing a summary to the alien is if the judge finds that providing the summary would cause serious and irreparable harm to the national security of the United States or serious bodily injury to any person. and the continued presence of the alien in the United States would pose the same risks. The Governments burden of proof. as in regular deportation proceedings. is to establidh by clear and convincing evidence that the alien is a terrorist. Now. please hear me. the Supreme Court and lower Federal courts have upheld the authority of the Immigration Service to use classified information in the cases of aliens who seek discretionary relief from deportation without disclosing such information to the applicant. I have got all the citations here. The sixthamendment protection of our confrontation rights has no application in deportation proceedings. because they are purely civil matters. They are not criminal. Striking these provisions. as the gentleman does. would lead to alien terrorists being allowed to remain in the United States. to harm our citizens and lawful residents.