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Procedural due process meets national security: the problem of classified evidence in immigration proceedings.
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Introduction
The immigration statutes authorize the Immigration and Naturalization Service (INS) to submit classified information regarding an alien's involvement with terrorism to an immigration judge, in particular contexts during removal proceedings, without showing that evidence to the alien. The introduction of such "undisclosed" evidence obviously flouts traditional notions of procedural due process based on the adversarial system. Without access to the classified information, the alien does not know the full nature of the government's case and cannot present ...
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