The textual difficulty that is debated by my colleagues concerns the impact of IIRIRA on proceedings that were pending on the effective date of the Act. Putting those cases to one side for the moment, the meaning of 8 U. S. C. §§1252(b)(9) and (g) (1994 ed., Supp. III) is perfectly clear. The former postpones judicial review of removal proceedings until the entry of a final order and the latter deprives federal courts of jurisdiction over collateral challenges to ongoing administrative proceedings. Thus, if §1252 applies to these respondents, the deportation proceedings pending before the Immigration and Naturalization Service (INS) are not yet ripe for review, and this collateral attack on those proceedings must be dismissed.

If we substitute the word “Act” for the word “section” in the introductory clause of §1252(g), the impact of this provision on pending proceedings is equally clear. That substitution would remove any obstacle to giving effect to the plain meaning of IIRIRA §§306(c)(1) and 309(c)(1). The former defines the effective date of the Act and makes §1252(g)’s prohibition against collateral attacks effective immediately; the latter makes the new rules inapplicable to aliens in exclusion or deportation proceedings pending before the INS on the effective date of the Act. Judicial review of those administrative proceedings remains available in the courts of appeal under the old statutory regime. See 8 U. S. C. §1105a.

Admittedly, there is a slight ambiguity in the text of §309 because it refers to the “case of an alien who is in exclusion or deportation proceedings” before the effective date of the new Act. Respondents are such aliens, and therefore the word “case” arguably could be read to include their present collateral attack on the INS proceedings as well as to an eventual challenge to the final order of deportation. Because that reading would be inconsistent with §306, however, it is clear that Congress intended §309 to apply only to the INS “exclusion or deportation” proceedings that it expressly mentions.

To summarize, I think a fair reading of all relevant provisions in the statute makes it clear that Congress intended its prohibition of collateral attacks on ongoing INS proceedings to become effective immediately while providing that pending administrative proceedings should be completed under the scheme of judicial review in effect when they were commenced.

I should add that I agree with Justice Souter’s explanation of why §1252(g) applies broadly to removal proceedings rather than to only three discrete parts of such proceedings. See post, at 5–8. I do not, however, share his constitutional doubt concerning the prohibition of collateral proceedings such as this one. Of course, Congress could not authorize punishment of innocent persons because they happen to be members of an organization that engaged in terrorism. For the reasons stated in Part III of the Court’s opinion, however, I have no doubt that the Attorney General may give priority to the removal of deportable aliens who are members of such an organization. See ante, at 16–18. Accordingly, I agree that the judgment of the District Court must be vacated.