TITLE X:MISCELLANEOUS

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§ NEW : RIGHT TO REVIEW CERTAIN DOCUMENTS IN REMOVAL PROCEEDINGS.


[Coons5]

Section 240(b) (8 U.S.C. 1229a(b)) is amended—

1.

in paragraph (4)—

A.

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and

B.

by inserting after subparagraph (A) the following new subparagraph:

B.

the alien shall, at the beginning of the proceedings or at a reasonable time thereafter, automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referenced in subparagraph (C), law enforcement sensitive information, and information prohibited from disclosure pursuant to any other provision of law ) contained in the file maintained by the Government that includes information with respect to all transactions involving the alien during the immigration process (commonly referred to as an Afile), and all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies, unless the alien waives the right to receive such documents by executing a knowing and voluntary waiver in a language that he or she understands fluently; and

2.

by adding at the end the following new paragraph:

8.

FAILURE TO PROVIDE ALIEN REQUIRED DOCUMENTS.—In the absence of a waiver under subparagraph (B) of paragraph (4), a removal proceeding may not proceed until the alien has received the documents as required under such subparagraph.

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