[Dryerase] Alarm!--Eye on the INS

[Alarm!Wires]

Eye on the INS
A weekly forum to discuss the INS and immigration policy

Catch 22:  The Detained

By Michelle Stewart
The Alarm! Newspaper Collective

Oh, the games we play. It seems that it is becoming more common to find 
laws on the books that have no practical application, or that, if 
applied, lead to ridiculous results. If you are scratching your head in 
bewilderment, allow me to turn your attention to the INS.
There, one can find both laws that seem impossible to employ and laws 
that seem ridiculous in intent. Today, for the sake of clarity, we will 
look at the INS’s policy on detainment. Detainment may be the poster 
child for poor policy and illogical consequence. So, what do we know 
about detainment—or perhaps the better question is: what do we know 
about those detained?
Of course, I was miffed to see Judge Gladys Kessler back down and issue 
an indefinite stay on her ruling against the Department of Justice 
demanding the release of the names of all those detained in relation to 
the events of September 11, 2001. However, I was not surprised.
By the very logic of the case, the government could compel her to see 
that if she released the names, it would violate what the feds 
considered to be their upper hand in the War on Terrorism. The 
government argued that if it released the names of the over 1,000 people 
held in detention (at some point) since 9/11, it would lose the chance 
to exploit the knowledge of these individuals as possible material 
witnesses. Kessler eventually agreed, and stayed her order—essentially 
sealing the fate of many people who have been held.  Kessler’s decision 
not to press her ruling is a substantial setback for those in detention.
Up until quite recently, a non-citizen could be convicted of a crime (in 
the US), serve their sentence, and then (due to INS law) be deported 
because their violation of US law makes them a deportable alien. 
However, there are numerous countries that will not take back a citizen 
if they have left their native soil or committed a serious  crime while 
abroad. For those citizens, those who are deemed deportable by the INS 
and are unwanted by their home countries, the INS solution was 
indefinite detainment.
That is until the case Zadvyadas v. Davis was heard.
This ruling last summer essentially ended indefinite detention. In this 
case, two men were released from jail after serving time for 
manslaughter and other charges, only to find themselves in deportation 
hearings. After the hearing, it came to light both of their home 
countries (Cambodia and Lithuania) refused to accept them back. The 
decision written by Justice Stephen Breyer said that if a deportable 
individual could not be sent back to their country of origin in six 
months they would have to be released from detention. However, also 
included in the ruling was language that afforded exceptions when it 
came to matters of terrorism or other “special circumstances.”
In this post-9/11 environment, most of the people detained as material 
witnesses are implicated along with the “terrorists,” which positions 
them in a catch-22: they qualify for indefinite detention (due to their 
associations or possible knowledge of events), and then face possible 
deportation either due to this “terrorist” association or because of 
unrelated charges.  The final blow is that some of those facing 
deportation are seeking asylum based on claims of persecution if they 
return to their country of origin. These people would usually be granted 
asylum, but don’t qualify because of their “terrorist associations.”
Many people who were detained after 9/11 and were released on bond are  
facing deportation because of minor immigration infractions. Some of 
these people came to the US to escape persecution in their country of 
origin—persecution based on political or religious beliefs. The US used 
to allow these people to stay here, often priding itself on its liberal 
politics and freedom of speech, religion and association. Now, it would 
appear that “association” can be a guaranteed one-way ticket back to a 
home you don’t want to visit.
The post-9/11 investigation is one of, if not the, largest 
investigations in US history. And it has thrown a lot of people into 
crisis because of the effect it has had on their legal status in this 
country.
Consider that the word “criminal” now has such nuanced parameters—
including knowledge, possible knowledge and/or association—and that the 
current laws make it impossible to know who is in jail, who has been in 
jail, who has been deported and who will be targeted after their 
deportation, then it becomes clear that the policy of detainment is 
illogical and very telling of the continued post 9/11 paranoia. Caught 
in the crossfire are the hundreds of people who have only “committed” a 
small immigration infraction (or met the wrong person), for which they 
are suffering a steep or possibly deadly consequence.
What would I like to see happen? Well, many things. Perhaps in this one 
case, it would have been heartening to see Judge Kessler stick to her 
original ruling and demand that all names be released. From there, 
attempts could have been made to aid those in jail, those in detainment, 
those out on bail facing deportation and those already deported. 
Instead, the guessing game continues—who is missing and where are they 
being held?
Judge Kessler had a prime opportunity to levy a judgment on the 
Department of Justice, and take a bold step away from the post-9/11 
tactics.
It has been a catastrophic year for the rights of immigrants and 
visitors to the US. Next week, the Alarm! will take a week off and 
prepare for the beginning of a new era demarcated by a new look and 
print cycle. The next issue will be our one year anniversary and, of 
course, it will be one year since the twin towers crumbled. In the next 
column, I will take a look back at the year to see all that was lost 
after 9/11.

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