The Supreme Court precedent on this is quite clear: As we explained in Johnson v. Our cases have frequently suggested that a continuously present resident alien is entitled to a fair hearing when threatened with deportation, and, although we have only rarely held that the procedures provided by the executive were inadequate, we developed the rule that a continuously present permanent resident alien has a right to due process in such a situation. That applies even after leaving and returning to the country:
Americans should worry about the way their government treats immigrants, for it is often a precursor to the way it will treat its citizens. Quoting Justice William O.
Douglas, Cole reminds us that while it is easy to be aware of creeping oppression, and difficult to fight it, "[W]e all must be most aware of the change in the air…lest we become unwilling victims of the darkness. To explain the parallels, he discusses several cases in which he represented defendants alleged to be communists.
Target, snoop, charge, and deport. SinceCole has been involved in the case of the "L. The government claimed that they were associated with the Popular Front for the Liberation of Palestine PFLPan organization that advocated "the doctrines of world Communism.
Under the McCarran Act, those involved with an alleged Communist organization were eligible for deportation. But inCongress repealed the McCarran Act. Yet, according to the Immigration and Naturalization Service district director who authorized the deportations and whom Cole interviewed, the FBI insisted on deportation proceedings.
Cole argues that the same tactics used against Randall and the L. Those who seem "suspicious" -- then, Communists; now, Muslims and Arabs -- are targeted. Then the government makes every effort -- and invokes every possible pretext to deport them.
They are charged with supporting "terrorism," based on their past association with the PFLP - and the government is again trying to deport them. Reno -- the Supreme Court has sanctioned the selective enforcement of immigration laws in unspecified "extreme" situations.
The cover bears one of the first photos of the prisoners held there. It is a depressing sight: Clad in orange jumpsuits, brown-skinned men wearing hats, goggles, and masks are kneeling on the ground, with their hands tied together in front of them.
Leaning over them is an American military man in camouflage. President Bush designated the over Guantanamo prisoners "enemy combatants" -- as opposed to prisoners of war, who would be entitled to the protections of the Geneva Conventions. The government has taken the position that the "enemy combatants" -- captured mainly in Afghanistan and Pakistan two years ago, where they are alleged to have been fighting for the Taliban or Al Qaeda -- are not entitled to attorneys, or even to hearings to determine if they are being wrongfully held.
Some day, these men may be tried before military tribunals, but it is unclear when that will be, and what protections, if any, the tribunals will afford them.
Cole points out that those who believed this treatment would never have been applied to Americans have been proved to be very wrong indeed.
To the contrary, American citizens Yaser Hamdi and Jose Padilla have now been declared "enemy combatants" as well. Hamdi is alleged, but has not been proven, to have fought for the enemy abroad; Padilla is alleged, but has not been proven, to have conspired on U. Neither citizen has been charged with a crime.
Neither citizen has been afforded access to a lawyer. And when these two U. So much for limiting civil rights infringements to aliens alone. Witch Hunts and Deportations: Immediately after September 11, the government rounded up of thousands of Arab and Muslim men.
It held them without charges and without access to attorneys or their families for far longer than the law allowed. It sanctioned law enforcement holding immigrants without charges for seven days.
But -- as a report by the Inspector General of the Justice Department has since revealed -- men were held months at a time. And many faced physical abuse in the local jails where they were held.
Finally, many were deported -- after closed hearings -- for minor infractions of immigration law that prior to September 11, would have been entirely overlooked. Cole argues that this is hardly surprising: An ugly conclusion cannot be avoided: The Strategic Argument, and the Human Rights Argument Cole criticizes all of these tactics as both strategic and human rights failures.
From a strategic point of view, Cole argues that if the U. Instead, however, it has discriminatorily targeted these ethnic groups for selective prosecution for immigration violations. The result, Cole says, is a loss of goodwill among these communities. And that loss, he contends, will have a long-term negative effect both on the war on terrorism, and on our relationships with Arab and Muslim communities both here and abroad.The United States began regulating immigration soon after it won independence from Great Britain, and the laws since enacted have reflected the politics and migrant flows of the times.
We looked at key immigration laws from to Cole is a law professor at Georgetown University Law School and legal affairs correspondent for The Nation. Cole's thesis in Enemy Aliens also serves as a warning: Americans should worry about the way their government treats immigrants, for it is often a precursor to the way it will treat its citizens.
opportunity to extend due process protecti ons to nonresident arriving aliens.
Cognizant of the limitations imposed by the plenary power doctrine, this Note * J.D. Candidate, , Fordham University School of Law. The massive increase in the number of immigration detainees,5 the increased complexity of the immigration law, and the inability of most immigrants to navigate the legal system without counsel all suggest the reconsideration of the appointment of counsel.
Eisentrager, U.S. , 70 metin2sell.com , 94 metin2sell.com (), which held that the writ of habeas corpus does not run outside the United States for the benefit of enemy aliens imprisoned in time of war. no. in the supreme court of the united states charles demore, district director, et al., petitioners v.
hyung joon kim on petition for a writ of certiorari to the united states court of .