Craig Williams Secret Evidence Repeal Act memo to Robert L. Ehrlich, Jr. and S. L. K., March 10, 2000

Memo To: RLE, SLK From: Craig Williams Subject: Secret Evidence Repeal Act of 1999 (information requested by RLE) Date: March 10, 2000 I. Basic Facts: H.R. 2121, The Secret Evidence Repeal Act of 1999, introduced by Congressmen Bonior, Campbell, Barr, and Conyers on June 10, 1999, is designed to ensure that no alien is removed, denied a benefit under the Immigration and Nationality Act, or otherwise deprived of liberty, based on evidence that is kept secret from the alien. It amends the Immigration and Nationality Act to protect aliens from secret evidence being used against them in five areas: 1) In Court Procedures'. It repeals Title V which permits the government to use evidence to remove aliens from the United States using evidence the federal government keeps “ secret” from those aliens. The bill provides for aliens the right to have a “reasonable opportunity” to examine all the evidence against him in a court; 2) In Other Immigration Proceedings : It amends Section 240 to allow aliens access to any such documents they need to defend themselves; 3) Applications for Immigration Benefits'. Amends Title I to repeal the use of secret evidence to deny affirmative applications for immigration benefits (including the granting of an asylum, the withholding of deportation or removal, adjustment of status, naturalization, or the granting of temporary protected status); 4) Bond Proceedings and Judicial Review of Bond Determinations: It proscribes that aliens shall be entitled to judicial review in habeas corpus proceedings to determine whether the Attorney General is acting in violation of the Constitution. Aliens shall have the right of full government disclosure of any evidence the government uses against them; 5) Parolees into the United States: Aliens who are lawful permanent residents, been granted advance parole, and are paroled into the United States, or are seeking asylum, would also be provided all formerly secret information the government may use in a legal proceeding against them. II. Political Support: H.R. 2121 has 70 bipartisan cosponsors. Judiciary’s Subcommittee on Immigration and Claims held hearings on February 10, 2000. As the legislation stands, it now mandates due process in illegal alien cases and may impinge of the United States’ ability to deal swiftly with terrorists as outlined in the Terrorist Prevention Act. As a result, Congressman Barr's office