DOJ Memo on AEDPA

From: Creppy, Michael
Security: General
Subject: Terrorism Bill
Date Received: 04/24/96
Forwarded By: Creppy, Michael

Today the President signed the Antiterrorism and Effective Death Penalty Act of 1996 (Terrorist Act). The most objectionable provisions of the Terrorist Act, Sections 414 relating to EWIs and 422 relating to expedited exclusion, will not be implemented for six months. This will provide an opportunity to amend or change the provisions.

Certain provisions of the Terrorist Act take effect immediately. The sections of immediate importance to you are sections 435, 436, and 440 of the Terrorist Act which amend Sections 241(a)(2)(A)(I), 242(b), and 212(c) of the Immigration and Nationality Act. Section 440 amends the last sentence of 212 (c) to bar the relief for a larger class of deportable aliens. Section 212 (c) is no longer available in deportation proceedings for any alien who has been convicted of an aggravated felony under 241 (a)(2)(A)(iii), a controlled substance violation under 241(a)(2)(B), a firearm offense under 241(2)(C), miscellaneous crimes under 241(a)(2)(D), and aliens convicted of two or more crimes involving moral turpitude under 241(a)(2)(A)(ii). By operation of section 435 of the Terrorist Act, 212 (c) relief is no longer available to those who have been convicted of two crimes involving moral turpitude committed within five years after the date of entry not arising out of a single scheme of misconduct and with possible sentence of a year or more for each predicate offense. It appears that the above limitations on 212 (c) relief only apply to aliens in deportation proceedings and do not affect aliens in exclusion proceedings.

Section 436 of the Terrorist Act now requires the consent of the alien to conduct telephonic or video proceedings. This provision takes effect immediately. It appears that you will now have to ask an alien if he or she is willing to proceed telephonically or via video prior to the start of any hearing. 8 C.F.R. 3.25(c), which only requires permission for individual merit hearing, will have to be amended to comport with the new statutory language.

We are faxing to each Court a copy of the old and new language with the old language lined out and the new language in bold. A complete copy of the pertinent parts of the Terrorist Act will be sent to you by tomorrow.

The senate has begun debate on the Immigration Bill and today and amendments will be offered to resolve and clarify the objectionable parts of the Terrorist Act.

Please address any questions regarding the Terrorist Act to my legal counsel, Bill Joyce at (703) 305-1716.

3EC6026