In the Name of National Security – The Creppy Directive and the Right of Access to Special Interest Deportation

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Holdsworth, Jeff D.

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2012-10

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INTRODUCTION| The history of U.S. immigration law reflects a paradox in public policy. Our professed faith in a ‘golden door’ through which the world’s downtrodden can pass on their journey to a new and better life continues to manifest itself in extremely generous immigration and asylum laws. Simultaneously, fear and prejudice have limited access to immigration and naturalization in ways that seem antithetical to our fundamental commitments to equality and justice.| The increasing frequency of terrorist attacks, in connection with anti-immigrant sentiment has fostered debate concerning the removal of un-wanted aliens from the United States. In the aftermath of September 11, 2001, and in the course of its ongoing investigation, the government has discovered and detained numerous aliens in violation of the U.S. immigration laws, and subjected them to removal proceedings. Many of these aliens, who might have connections with, or information pertaining to terrorist organizations, or pose a national security risk, have been designated as “special interest” cases. In order to avoid disclosing information that might pose a security threat Michael Creppy, Chief Immigration Judge, issued a directive mandating the closure of all proceedings in such cases to the public.

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Creighton University School of Law

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