Thursday, June 15, 2006

Nightmare

A horrifying decision issued from a federal court in New York yesterday. From the NY Times:

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.

"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 rounded up and imprisoned our clients because of their religion and race."

...In his 99-page ruling, Judge Gleeson rejected the government's argument that the events of Sept. 11 justified extraordinary measures to confine noncitizens who fell under suspicion, or that the attacks heightened top officials' need for government immunity to combat future threats to national security without fear of being sued.

But his interpretation of immigration law gave the government broad discretion to enforce the law selectively against noncitizens of a particular religion, race or national origin, and to detain them indefinitely, for any unspecified reason, after an immigration judge had ordered them removed from the country.

"The executive is free to single out 'nationals of a particular country' and focus enforcement efforts on them," the judge wrote. "This is, of course, an extraordinarily rough and overbroad sort of distinction of which, if applied to citizens, our courts would be highly suspicious."
[Emphasis added]

It appears this federal judge has gone along with the current regime's belief that all men may be created equal, but some are more equal than others. While this is only a trial court opinion which has no binding legal effect anywhere and which will certainly be appealed, the fact that this opinion could even issue is frightening.

...David Cole, a law professor at Georgetown University and a co-counsel in the lawsuit, said the ruling was the only one of its kind and made New York "an equal protection-free zone" because the government can detain immigrants wherever it chooses.

"What this decision says is the next time there is a terror attack, the government is free to round up every Muslim immigrant in the U.S., based solely on their ethnic and religious identity, and hold them on immigration pretexts for as long as it desires," he said. "We saw after 9/11 what the government did in an era of uncertainty about how far it can go. Judge Gleeson has essentially given them a green light to go much further."


Just one more reason why the Democrats were wrong to roll over on the Emperor's various judicial appointments.

I am sickened.

1 Comments:

Anonymous larry said...

A friend of mine was detained on 9/11/02 and kept 14 months in York, PA. He was Nigerian, with a Muslim name. Even after winning release on bond, after 12 months, they would not let him go, until the 3rd circuit, Alito's court overturned his deportation. I think it was Ed Rendell's wife who held sway on the court. He was never a flight risk, as his 3 U.S. born children where in high school and he had a business, which the INS expressed an interest in 'selling'. His family was terrorized. My friend still isn't 'right in the head' after all that. They made his wife make two trips to York to get him, the first time tha 'paperwork hadn't come in yet'.

8:54 PM  

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