U.S. Seeks New Use for Secret Evidence
For national security reasons, the government argues that it should share secret evidence with only immigration judges and not with the immigrants and their lawyers.

The court did not act on the request, because it decided the case before it on other grounds. But legal experts say that request and other actions since Sept. 11 indicate that the government is moving toward the renewed use of secret evidence in immigration cases, one of the most criticized of the Justice Department's tactics in recent years.
The government, however, says that since President Bush's term began, it has not broken his campaign pledge not to use secret evidence against immigrants.

In the 1990's, immigrants' groups and other critics of secret evidence gained legal and political ground in their assertions that it relegates immigrants to a legal netherworld, having to disprove accusations like whether they have connections to terrorists without knowing specifically what the accusations are. The practice had ground nearly to a halt in recent years after several federal court decisions and under the criticism of some politicians.
http://www.nytimes.com/2001/12/09/politics/09SECR.html