House Committee Hears Testimony on Immigration Procedures

The House Subcommittee on Immigration, Border Security, and Claims heard testimony Thursday morning on “Immigration Removal Procedures Implemented in the Aftermath of the September 11^th Attacks.” Among those present were the Deputy Associate Attorney General Lily Swenson and Paul Rosenzweig, Senior Legal Research Fellow for The Heritage Foundation.

The hearing focused on the measures taken in the days immediately following the terrorist attacks of September 11, 2001 and their ramifications now almost four years later. Those provisions discussed in greatest detail were the closures of immigration hearings and the 48-hour rule.

All present agreed that in certain sensitive cases, removal hearings should be closed in the interest of national security, but that during “normal” circumstances, the greatest amount of transparency is necessary during these hearings. Mr. Rosenzweig put it “We should strongly prefer openness and transparency of governmental functions where possible.”

Many questions related to due process came up during the hearing. First, that a DHS official must issue a Notice to Appear within 48 hours of his arrest or detention, and second, that a non-citizen can request a bond hearing individualized to his specific case. Many made the point that this creates a significantly greater amount of work for the courts, but that these rights need to be preserved, even during immigration proceedings.

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