H.R.1266 - Secret Evidence Repeal Act of 2001107th Congress (2001-2002)
Summary: H.R.1266 — 107th Congress (2001-2002)
Secret Evidence Repeal Act of 2001 - Amends the Immigration and Nationality Act to require the Attorney General to provide advance notice to an alien and the presiding officer in any immigration proceeding in which classified information is intended to be used.
Introduced in House (03/28/2001)
Limits such information's use to: (1) terrorist activity deportation; or (2) opposition to an alien's admission or relief from removal upon certification that such information could not be developed from open sources and that an agency declassification request has been made.
Provides: (1) for Federal district court review of classified material upon Attorney General or alien request; and (2) that the court will issue an order indicating any unclassified summary of such material that may be used in the immigration proceeding. Applies the provisions of the Classified Information Procedures Act to an immigration proceeding under district court review in the same manner as a criminal proceeding subject to such Act.
Amends the Act to entitle an alien, subject to the classified information provisions of this Act, who is subject to arrest and detention for removal or deportation to: (1) non-federally provided counsel; (2) examine all evidence, present evidence, and question witnesses; (3) have a complete record of the proceeding kept; and (4) judicial review.
Exempts an alien who is a lawful permanent resident, parolee, or asylee from the security and related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.)
Provides for transitional application of information access provisions to alien detainees and aliens seeking immigration benefits.