AJC President Calls on Congress to Reject Secret Evidence Repeal Act

American Jewish Committee
Thursday, 10 February 2000

The American Jewish Committee today urged Congress to reject the Secret Evidence Repeal Act because "its categorical ban on the use of classified information in immigration proceedings fails to draw the appropriate balance between due process concerns and national security interests."

"It's a hatchet taken to a set of serious and difficult issues that require, instead, a scalpel," said American Jewish Committee President Bruce M. Ramer, who submitted testimony to the House Judiciary Subcommittee on Immigration and Claims, which held a hearing on the proposed legislation today.

In his testimony, Mr. Ramer noted the American Jewish Committee's twin concerns for a fair and generous immigration policy that safeguards due process as well as for an effective anti-terrorism policy.

"AJC has a historic commitment to the United States maintaining a fair and generous immigration policy," said Mr. Ramer.

At the same time, AJC "has consistently advocated a broad and multifaceted response to the global and domestic threats of terrorism, including the enactment of tough legislation that is mindful of preserving the liberties we all cherish while giving law enforcement authorities the tools to apprehend terrorists."

Mr. Ramer acknowledged the seriousness of the issues posed by INS use of classified information in deportation hearings.

But the AJC President also pointed out that an existing provision that provides a roadmap for the use of classified information indicating involvement of an alien in terrorist activities – a part of the 1996 anti-terrorism law, known as the Alien Terrorism Removal Act – has never been used.

The ATRA provides for a "removal court" comprised of life-time appointed federal judges, not immigration judges, to hear deportation cases where the government has classified information demonstrating that such aliens have been engaged in terrorist activities.

Importantly, the ATRA, as originally enacted, provides rules to assure that a suspect alien has an opportunity for fair and adequate defense, notably a requirement that the defendant be provided with a summary of the classified information sufficient to allow for the preparation of a defense.

Mr. Ramer expressed deep concern that the Secret Evidence Repeal Act would eliminate these ATRA provisions in their entirety, as opposed to the preferred course of considering modifications that would address due process concerns.

"There is nothing inconsistent in assuring that law enforcement authorities are properly equipped to respond to the threat of terrorism while, at the same time, assuring that immigrants and refugees are treated fairly and decently," he said.

For more information, or to contact American Jewish Committee, see their website at: www.ajc.org