The Justice Department has drafted legislation allowing the U.S. attorney general to lock up foreigners deemed to be terrorist suspects and order them deported without presenting any evidence. [...] [Ashcroft] said he also has revised internal rules allowing the U.S. Immigration and Naturalization Service to detain suspected illegal immigrants for 48 hours, instead of one day, before deciding whether to charge them. INS rules already allow any person who does not have legal permission to be in the United States to be detained for an unlimited time in "extraordinary circumstances," which Justice officials said would apply to the terrorism probe.
Citing the new powers, the Justice Department said it would continue to hold 75 immigrants arrested in connection with the attacks on the World Trade Center and the Pentagon. Previously, the department faced a 24-hour deadline on whether to release detained immigrants or charge them with a crime, or with violating the terms of their visa.
So, let's see ... Denial of the right either to confront your accuser or defend yourself. Revocation of the rules of habeas corpus, which require the state to either charge you or release you within a reasonable amount of time. The INS already detains people currently on "secret" evidence -- neither the defendant, their attorney nor the presiding judges are allowed to see this "evidence" of whatever it is that INS detains people for -- but now we will deport you based on NO evidence whatsoever.
It will be interesting to see if Congress has the courage, in the face of everything, to remember that the Constitution does, in fact, exist. That it exists in its current form as a direct response to what were then perceived as much the same abuses of power.
It's interesting to see that the external approach -- the war effort, if you will -- for which we need cooperation and guidance from other countries is proceeding at an unexpectedly slow and measured pace. In contrast, the internal approach -- the rules and regulations to prevent this from happening again -- are moving at breakneck speed. It's as if those proposing these changes realize that if they give the public, if they give Congress, the chance to catch its breath and truly realize what they're doing, they have no chance at all to get things through.
If this does go through today -- it's apparently being sent to Congress today -- it will be at least the fourth major legislative package to go through in the past seven days. Congress never moves that fast; it isn't supposed to move that fast. It's called a deliberative body for a reason; let's hope they actually deliberate.
Copyright © 2001, Iain Jackson, after-words.org
[Archives: 2001 and after]
Archives before February 5, 2001
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12/19/2001: vive la france
12/19/2001: princess, redux
12/19/2001: yemen and rumsfeld
12/18/2001: you're NOT in the army now
12/18/2001: interesting donation
12/18/2001: shame on winn dixie, indeed
12/18/2001: saudi princess
12/17/2001: new resolve
12/17/2001: a victim of the attack ... yeah, right
12/17/2001: polluters ho!