S.735
Antiterrorism and Effective Death Penalty Act of 1996 (Enrolled Bill (Sent to President))
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
SEC. 401. ALIEN TERRORIST REMOVAL.
(a) IN GENERAL- The Immigration and Nationality Act is amended by adding at the end the following new title:
`TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
`SEC. 501. DEFINITIONS.
`(1) the term `alien terrorist' means any alien described in section 241(a)(4)(B);
`(2) the term `classified information' has the same meaning as in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
`(3) the term `national security' has the same meaning as in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App.);
`(4) the term `removal court' means the court described in section 502;
`(5) the term `removal hearing' means the hearing described in section 504; and
`(6) the term `removal proceeding' means a proceeding under this title.
`SEC. 502. ESTABLISHMENT OF REMOVAL COURT.
`(a) DESIGNATION OF JUDGES- The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justice's discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
`(b) TERMS- Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that of the members first designated--
`(1) 1 member shall serve for a term of 1 year;
`(2) 1 member shall serve for a term of 2 years;
`(3) 1 member shall serve for a term of 3 years; and
`(4) 1 member shall serve for a term of 4 years.
`(1) DESIGNATION- The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court.
`(2) RESPONSIBILITIES- The chief judge shall--
`(A) promulgate rules to facilitate the functioning of the removal court; and
`(B) assign the consideration of cases to the various judges on the removal court.
`(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF PROCEEDINGS- The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in the same manner as they apply to proceedings under that Act.
`SEC. 503. REMOVAL COURT PROCEDURE.
`(1) IN GENERAL- In any case in which the Attorney General has classified information that an alien is an alien terrorist, the Attorney General may seek removal of the alien under this title by filing an application with the removal court that contains--
`(A) the identity of the attorney in the Department of Justice making the application;
`(B) a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section;
`(C) the identity of the alien for whom authorization for the removal proceeding is sought; and
`(D) a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that--
`(i) the alien is an alien terrorist;