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Judge Rules That U.S. Has Broad Powers to Detain Noncitizens Indefinitely
NY Times ^ | June 15, 2006 | NINA BERNSTEIN

Posted on 06/15/2006 1:41:05 AM PDT by neverdem

A federal judge in Brooklyn ruled yesterday that the government has wide latitude under immigration law to detain noncitizens on the basis of religion, race or national origin, and to hold them indefinitely without explanation.

The ruling came in a class-action lawsuit by Muslim immigrants detained after 9/11, and it dismissed several key claims the detainees had made against the government. But the judge, John Gleeson of United States District Court for the Eastern District of New York, allowed the lawsuit to continue on other claims, mostly that the conditions of confinement were abusive and unconstitutional. Judge Gleeson's decision requires top federal officials, including former Attorney General John Ashcroft and Robert S. Mueller III, the F.B.I. director, to answer to those accusations under oath.

This is the first time a federal judge has addressed the issue of discrimination in the treatment of hundreds of Muslim immigrants who were swept up in the weeks after the 2001 terror attacks and held for months before they were cleared of links to terrorism and deported. The roundups drew intense criticism, not only from immigrant rights advocates, but also from the inspector general of the Justice Department, who issued reports saying that the government had made little or no effort to distinguish between genuine suspects and Muslim immigrants with minor visa violations.

Lawyers in the suit, who vowed to appeal yesterday's decision, said parts of the ruling could potentially be used far more broadly, to detain any noncitizen in the United States for any reason.

"This decision is a green light to racial profiling and prolonged detention of noncitizens at the whim of the president," said Rachel Meeropol, a lawyer for the Center for Constitutional Rights, which represented the detainees. "The decision is profoundly disturbing because it legitimizes the fact that the Bush administration..."

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Foreign Affairs; Front Page News; Government; News/Current Events; Politics/Elections; US: District of Columbia; US: New York; War on Terror
KEYWORDS: court; courts; immigration; jurisdiction; jurisprudence; refugees; sovereignty; standing; terrorism
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To: neverdem

Okay Nelson, let's hear it : "Ha ha!"


21 posted on 06/15/2006 4:56:57 AM PDT by jmaroneps37 (John Spencer: Fighting to save America from Hillary Clinton..)
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To: neverdem

The rosenbergs: still undermining America, even from the grave.


22 posted on 06/15/2006 4:58:30 AM PDT by jmaroneps37 (John Spencer: Fighting to save America from Hillary Clinton..)
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To: StACase
Amendment XIV
1. ... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I think that the 13th Amendment is also probably relevant:

Amendment XIII

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

23 posted on 06/15/2006 5:09:31 AM PDT by snowsislander
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To: calex59

Just curious, but where do get that interpretation? The text of the 14th amendment just says, "...any person...", without specifying their citizenship status.
I don't like illegal immigration any more than any one else but I think all persons subject to US jurisdiction have "rights", even those jailed or interned.
There are many categories of people whose rights may be curtailed by circumstances or condition; serving soldiers, POWs, interned enemy aliens during wartime, convicted criminals, juveniles, those judged mentally unfit.


24 posted on 06/15/2006 7:28:00 AM PDT by skepsel
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To: neverdem

Hopefully he awarded attorney's fees... with extreme prejudice.


25 posted on 06/15/2006 8:19:22 AM PDT by thoughtomator (A thread without a comment on immigration is not complete)
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To: gondramB

"If this stands I wonder if this will be reciprocal - will we accept that other countries have the right to hold Americans who violate their visas (or don't have a visa) indefinitely without explanation?"

That was a rhetorical question, right?


26 posted on 06/15/2006 8:21:22 AM PDT by Poser (Willing to fight for oil)
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To: Recovering_Democrat
SHOCKER: Judge Gleeson is a CLINTON appointee!

The Rove mind meld is very powerful.

27 posted on 06/15/2006 8:21:22 AM PDT by Raycpa
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To: neverdem

Thanks for that info.


28 posted on 06/15/2006 8:24:57 AM PDT by MrCruncher
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To: skepsel

I forget the article and don't have time to look it up right now, you can research if you want, but ALL states, not the feds, have the right to determine who will be citizens or legal residents, this right is specifically given to the states. Also, use your head, if people who are here illegally have the same rights as legal residents and citizens then everyone, the world over, has those rights also, because not only are illegal aliens not legal residents, they are NON residents, they have no legal right to be here, therefore they have no rights other than to be treated humanely as we deport their criminal butts back to where they belong.


29 posted on 06/15/2006 8:40:20 AM PDT by calex59 (The '86 amnesty put us in the toilet, now the senate wants to flush it!)
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To: gondramB

Who would have thought it could happen in Brooklyn?


30 posted on 06/15/2006 9:36:22 AM PDT by conservative blonde (Conservative Blonde)
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To: neverdem
OMG!! The granddaughter of Communist spies is active against our CURRENT government!!

That LINK is VERY informative...Thanks!!

31 posted on 06/15/2006 9:50:41 AM PDT by Suzy Quzy ("When Cabals Go Kaboom"....upcoming book on Mary McCarthy's Coup-Plotters.)
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To: neverdem

"Rachel Meeropol, IIRC, is the granddaughter of the convicted and executed Julius and Ethel Rosenberg. "

The Meeropol name jumped out at me ... thanks for drawing that connection.
Traitors and enemies have enablers, and she seems happy to play that role.


32 posted on 06/15/2006 10:23:23 AM PDT by WOSG (Do your duty, be a patriot, support our Troops - VOTE!)
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To: calex59
Amendment XIV 1. ... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It was written without any of the exceptions that you find in the Bill of Rights. "Time of war or public danger etc." I have no idea why that wasn't put in there, but it wasn't. It says what it says.

33 posted on 06/15/2006 10:29:58 AM PDT by StACase
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To: browardchad

Strip away the hyperventilation of the lefwing ACLU types, and what you have is a ruling that says the US Government can detain illegal aliens of its choosing, while it investigates other potential risks and crimes of said individuals.

Govts ability to detain illegal aliens should not be in question, the ACLU types were trying to get some equalprotection get-out-jail-free card. No such luck.


34 posted on 06/15/2006 10:32:54 AM PDT by WOSG (Do your duty, be a patriot, support our Troops - VOTE!)
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To: neverdem
convicted and executed Julius and Ehtel Rosenberg

Convicted, executed, and proven indisputably guilty by the Venona transcripts. May they roast in hell. I spit on their graves.

-ccm

35 posted on 06/15/2006 10:36:49 AM PDT by ccmay (Too much Law; not enough Order)
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To: Suzy Quzy

Here's the lovely young traitoress.

-ccm

36 posted on 06/15/2006 10:40:38 AM PDT by ccmay (Too much Law; not enough Order)
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To: neverdem

>>Rachel Meeropol, IIRC, is the granddaughter of the convicted and executed Julius and Ehtel Rosenberg. Pardon me, but this is why the left must be monitored, i.e. reading the NY Times.<<

Hey lets be fair. Journalistic integrity requires the NY Times to diclose when someone has an obvious motive.

They printed the same day the faxt that Meeropol is the name that the Rosenberg boys took after their parent's death. Of course you had had to look in another section of the paper and read the bok reviews and then guess that Rachel was the daughter of one of the brother.


BTW, the book review makes it clear that the Rosenbergs were guilty and that the Meerpol's won't accept the obvious.

I guess mentioning that in the same story would have been an "inconvenient truth."

http://query.nytimes.com/gst/fullpage.html?res=9F02E2D6103BF932A1575AC0A9659C8B63

>>With the collapse of the Soviet Union, former K.G.B. agents began to talk, in particular Alexander Feklisov, who had been Julius Rosenberg's K.G.B. contact, and to whom Rosenberg had supplied classified military and industrial information. What did Meeropol make of that? Why should Feklisov be believed, he wondered; K.G.B. agents were hardly ''paragons of honesty.'' Then, in 1995, the Venona transcripts -- the decryptions of Soviet intelligence telegrams from the 1940's and 50's -- were released. The decrypted material told much of the story of an extensive military and industrial spy ring run by Julius Rosenberg, with Ethel's knowledge if not her participation; and the material confirmed the testimony of Ethel's brother, David Greenglass, about his recruitment by Julius to pass on to Harry Gold, a courier for the Soviets, whatever he could pick up about the atomic bomb from his work at Los Alamos.

Meeropol now had to deal with damaging information from a variety of sources (including old friends of the Rosenbergs). But such is the power of a fixed idea that Meeropol believed it was still possible that all of this evidence was ''no more than the clever creation of mirror images based on the known record.'' Finally, however, he was forced to reflect that innocence wasn't everything: ''Whatever actions'' his parents ''took sprang from their love of humanity,<<


37 posted on 06/15/2006 10:45:09 AM PDT by gondramB (We may have done a lill' bit of fightin amongst ourselves but you outside people best leave us alone)
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To: StACase
Amendment XIV
1. ... nor shall any State...


The federal government isn't a State.
38 posted on 06/15/2006 10:56:20 AM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: snowsislander
Amendment XIV
1. ... nor shall any State...


The federal government isn't a State.
39 posted on 06/15/2006 10:57:39 AM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: skepsel
Amendment XIV
1. ... nor shall any State...


The federal government isn't a State.
40 posted on 06/15/2006 10:58:16 AM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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