Removal of Alien Terrorists

AEDPA created a new procedure for the removal of alien terrorists. Special removal proceedings apply to any alien who has engaged, is engaged, or at any time after admission into the United States engages in any terrorist activity as defined in the Immigration and Naturalization Act (INA). For aliens who meet the terrorist definition, a removal court was appointed, consisting of five federal district court judges. Proceedings before the special removal court will only occur if the alien's removal through the normal removal procedures would pose a risk to the national security of the United States.

The regular rules of evidence applicable to trials are not applied in these special terrorist removal proceedings. A judge reviewing the application for removal may consider information that is not contained in the application. This includes classified material. Some of the "standard" protections are afforded the alien, however. These include the alien's rights to: 1) be given a reasonable notice of the nature of the charges against him or her and reasonable notice of the time and place of the hearing; 2) counsel; 3) introduce evidence on his or her behalf; and 4) examine the evidence and cross-examine witnesses.

The government has the burden of proof to show that the alien is an "alien terrorist" as defined in the INA. If the government meets this burden, then the alien is ordered removed. Either party may appeal the final decision of the special removal court. If, after appeals are final, the alien is still removable, the alien is removed to another country. If no other country will accept the alien terrorist, the United States may detain the alien in custody while making periodic attempts to find a country that will accept him or her.

Exclusion of Members and Representatives of Terrorist Organizations

AEDPA explicitly states that membership in, or representation of, a terrorist organization is a ground to deny an alien admission to the United States. It also adds provisions to the INA that limit the Attorney General's discretion to suspend deportation, adjust status, or allow voluntary departure, among other things, for alien terrorists.

Modification to Asylum Procedures

Among other changes, AEDPA states that asylum can not be granted to any alien terrorist unless the Attorney General determines there is no basis to consider the alien a threat to the United States' national security.

Criminal Alien Procedural Improvements

AEDPA provisions affect the treatment of criminal aliens, as well. AEDPA added several immigration offenses to be predicate offenses for Racketeer Influenced and Corrupt Organization (RICO) convictions. The new RICO-predicate offenses included document fraud and trafficking in aliens.

Other criminal alien provisions include long-distance relocation plans for any criminal alien who has already attempted illegal entry into the United States at least three times. AEDPA also provided for deportation of criminals before their entire prison sentence is served. If such an alien were to later illegally enter the United States, that alien would have to serve the remainder of the prison sentence at that time.

AEDPA added crimes to the list of aggravated felonies for which a criminal alien would be subject to expedited removal. These offenses include: forgery of a passport or other document for entry into the United States and running a gambling business. It also modified the expedited procedures, including extreme limits on any challenge to the removal order and limitations on discretionary review of a removal order.