Summary: H.R.2121 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (10/17/2000)

Secret Evidence Repeal Act of 2000 - 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.

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.

(Sec. 4) States that an alien in a removal proceeding shall have a reasonable opportunity to examine all evidence, present evidence, and question witnesses, subject to the classified information provisions of this Act. (Current law excludes national security information from disclosure.)

(Sec. 5) 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; and (3) have a complete record of the proceeding kept.

(Sec. 6) 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.)

(Sec. 7) Provides for transitional application of information access provisions to alien detainees and aliens seeking immigration benefits.

(Sec.8) Requires the Attorney General to promulgate implementing regulations within 90 days of the effective date of this Act.

(Sec. 9) Makes the amendments of this Act effective upon enactment, and applicable to all aliens.