John Conyers: “our system of judicial review and due process is not a luxury or a gift to be awarded to a chosen few for political…”

“our system of judicial review and due process is not a luxury or a gift to be awarded to a chosen few for political advantage. It is the very foundation of our system of government and justice. The use of secret evidence in INS detention proceedings makes a mockery of this basic principle of our legal system. I support the Campbell-Bonior Amendment that would eliminate funding for detaining defendants based upon secret evidence. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 eliminated court appeal rights relative to judicial review of asylum determinations, decisions on apprehension and detention of aliens, document fraud waivers, orders issued in a absentia and denial of request for voluntary departure. The statute also broadened the range of proceedings where secret evidence can be used against an immigrant. The result has been manifest injustice. No person should be held in solitary confinement for nearly three years while trying to defend against unknown charges. But that was the experience of Nasser Ahmed, a 38-year-old Egyptian. He was denied bond and asylum based on secret evidence. When his case was finally heard, an immigration judge rejected the secret evidence against him as double and triple hearsay.”