Senator Orrin Hatch, the Utah Republican who chairs the chamber’s Judiciary Committee, couldn’t have been clearer about his intent concerning judicial review of a bill to crack down on illegal immigration by creating a new procedure called “expedited removal.”

“It [is] very important to me that there be judicial review of the implementation of these provisions,” he said on Sept. 27, 1996, just before the House-Senate compromise bill was sent to the president. “Although review should be expedited, the INS [Immigration and Naturalization Service] and Department of Justice should not be insulated from review.”

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