§1533 Removal Court Procedure

Summary

The Attorney General can ask a special immigration court to start secret removal proceedings against someone the government has classified as an alien terrorist. The request must be filed in private, kept sealed, and must name the Justice Department lawyer making the request, include a certification by the Attorney General or Deputy Attorney General, identify the person, and give the facts the government relies on to show good reason to believe that the person is an alien terrorist, is physically in the United States, and that removing them under subchapter II would threaten national security. One judge will review the sealed papers in private. The judge may also consider other secret evidence and sworn testimony, and a word-for-word record of any hearing will be kept. The judge must allow the request only if there is good reason to believe the person is correctly identified as an alien terrorist present in the United States and that removal under subchapter II would pose a national security risk. If the judge denies the request, the judge must write reasons while protecting classified material. If the judge grants the request, the person’s removal rights are handled only under this subchapter and not under other parts of the immigration laws unless this subchapter says so.