As is frequently the case. the bill Is not entirely to my liking or the liking of anyone. There are a couple of provisions which concern me that I want to comment about because they may be cured at a later date. On the provision relating to expedited deportation. I am concerned about the absence of a right of confrontation. There is a constitutional right to confront your accuser in a criminal case. A deportation proceeding is not a criminal case. It is defined as a civil case. but the consequences are extreme because a person is ousted from the country. There are very important policy considerations to not allowing the right of confrontation because many of the witnesses are confidential informants and the disclosure of their testimony would be very harmful to ongoing law enforcement efforts. We do have an unclassified summary. included in an amendment offered by Senator SIMON and myself. and I think that is about as far as we can go. But I believe we have to watch how the act works on this expedited deportation proceeding in the absence of a confrontation right. The restrictions on fundraising are also important. I have some concern about the limited Judicial review. but on balance. this legislation against terrorism is very. very important.
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deportation