Security with Transparency: Judicial Review in "Special Interest" Immigration Proceedings

Hussain, Rashad
April 2004
Yale Law Journal;Apr2004, Vol. 113 Issue 6, p1333
Academic Journal
Much of the debate regarding post-September 11 counterterrorism initiatives has centered on the potentially damaging effects of these policies on constitutionally protected rights. The article conducts a judicial review in "special interest" immigration to counter terrorism in the U.S., regarding issue of transparency in security. It argues that closure policy casts an overly broad net by failing to require judicial determinations that individual aliens pose security threats. The article also proposes a compromise scheme based on the Alien Terrorist Removal Court model. This model allows case hearings after adjudications of whether particular aliens have terrorist ties.


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