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New Yale Scholarship: Balancing secrecy and security in immigration hearings
Posted by Lea Bishop on Monday, May 10 @ 15:49:39 EDT Scholarship
Rashad Hussain, Policy Comment: Security with Transparency: Judicial Review in “Special Interest” Immigration Proceedings, 113 YALE L.J. 1333 (2004).

This Comment criticizes the practice of secrecy in “special interest” immigration hearings enacted post-September 11th. The author argues that by failing to require judges to determine that individual aliens pose a security threat before granting a closed hearing, the policy is overly broad in pursuing its security aims. Examining an alternative model—the open hearings of the Alien Terrorist Removal Court (ATRC)—the Comment proposes a compromise scheme based upon the model but permitting closed hearings after an individualized adjudication of whether the particular alien has terrorist ties. Such a model would permit the state to conceal the identities of truly high-risk detainees, while retaining valuable procedural safeguards.
 
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