Supreme Court Agrees to Hear Immigrant Detention Case

NY TIMES ^ | January 16, 2004 | NA, THE ASSOCIATED PRESS

[neverdem]

Filed at 1:18 p.m. ET

WASHINGTON (AP) -- The Supreme Court said Friday it will decide whether authorities can imprison indefinitely hundreds of Cuban immigrant criminals and other illegal foreigners with no country to accept them.

About 2,220 people are in jail now, in limbo because the U.S. government says they're too dangerous to be freed but they have no homeland.

The Bush administration wants the court to say that longtime detentions are OK, especially in light of post-Sept. 11 concerns about protecting America's borders.

But the government narrowly lost the last time the issue came before the high court. Justices ruled in 2001 that it would be unconstitutional to detain legal immigrants who have served time for crimes for more than six months. In this follow-up case, justices will decide if people who come to America illegally, like Mariel Cubans, have the same rights.

Solicitor General Theodore Olson warned justices that they could create a ``back door into the United States'' for dangerous foreigners.

The test case involves a now-45-year-old man who fled Cuba with thousands of other people in 1980. Daniel Benitez was sent to prison in Florida for armed robbery, burglary and battery.

He finished his sentence in 2001, but has been in U.S. immigration custody since then, under a 1996 law that tightened restrictions on criminal aliens. The law allows extended jailings for people facing deportation, if the attorney general believes they are dangerous or will try to avoid being deported.

His lawyer, John Mills of Jacksonville, Fla., said that Benitez and the others ``face the very real possibility of spending the rest of their lives incarcerated, not because of any crimes they may have committed, but because their countries will not take them back.''

[neverdem]

FWIW, quite interesting

[Onelifetogive]

His lawyer, John Mills of Jacksonville, Fla., said that Benitez and the others ``face the very real possibility of spending the rest of their lives incarcerated, not because of any crimes they may have committed, but because their countries will not take them back.''

And that our fault how???

Cuba has thousands of people who will spend the rest of their lives incarcerated because of their political beliefs. How is this guy different? Because he's a criminal? He deserves better treatment???

[azhenfud]

Wait a minute. The Bush Administration wants to use current Immigration law to indefinitely detain Illegaliens, but we can't use current Immigration law to deal with Illegaliens and the felons who hire and aid them? Something's extremely screwey in DC over the whole illegal immigration issue.

Personally, I hope the court issues a judicial order to enforce the entire Immigration code or throw the whole thing out. That would place those hapless advisors of the Bush Administration into a defensive posture over Illegalien law and maybe force President Bush to finally realize that, for some odd reason, we need that code reinforced and enforced - all of it.

[neverdem]

Wait a minute. The Bush Administration wants to use current Immigration law to indefinitely detain Illegaliens, but we can't use current Immigration law to deal with Illegaliens and the felons who hire and aid them? Something's extremely screwey in DC over the whole illegal immigration issue.

Personally, I hope the court issues a judicial order to enforce the entire Immigration code or throw the whole thing out. That would place those hapless advisors of the Bush Administration into a defensive posture over Illegalien law and maybe force President Bush to finally realize that, for some odd reason, we need that code reinforced and enforced - all of it.

Keen observation you made there. I share your sympathy on this immigration nonsense.

[k2blader]

Well said.

[neverdem]

How about Molakai, is it still a leper colony? I think Block Island in Long Island Sound is still used by the USDA for temporary quarantine of inbound flora and fauna. A Pacific territory is an option about which few would complain.

[Grut]

And that our fault how???

Well, it's our cell doors, and our keys. Or do you want to go around whining "look what Castro made me do!"?

[Onelifetogive]

Well, it's our cell doors, and our keys.

It is a VERY unsustainable position that we will be a "prison colony" for any country that want's to dump their criminals here.

[BlackbirdSST]

Very well said. Blackbird.

[Mr Spock]

And that our fault how??? Cuba has thousands of people who will spend the rest of their lives incarcerated because of their political beliefs. How is this guy different? Because he's a criminal? He deserves better treatment???

Relax "big brother". The lawyer didn't say it was anyone's fault. No one is blaming you for anything. The lawyer is just being a lawyer and he is stating his defense case for his client. In opinion if someone has been punished for their crimes, they should be able to go free. From what I read and understand, the illegals have served their time for their crimes, but now they have nowhere to go. The tough question is what do we do with them. Kill them? Keep them locked up until they die; which will cost money (something im sure you don't like). It's a tough decision for any reasonable man.

[Onelifetogive]

It's a tough decision for any reasonable man.

That explains why it is such an easy decision for me!

[Onelifetogive]

From what I read and understand, the illegals have served their time for their crimes, but now they have nowhere to go.

He should be transferred to Guantanamo Bay, then released. Just open the gate and let him go!