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75 in Custody Following Terror Attack Can Be Held Indefinitely
The Bush administration today announced a major expansion of its power to detain immigrants suspected of crimes, including new rules prompted by last week's terrorist attacks that would allow legal immigrants to be detained indefinitely during a national emergency.
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.
The new detention powers drew statements of concern from civil liberties advocates and immigration lawyers. While the pressure on the administration and Congress to act is immense in the wake of the terrorist attacks, there is rising concern on the left and the right that the rush to respond could erode basic constitutional freedoms.
The administration, which had the authority to rewrite the detention rules, is also expected within days to present Congress with a broad package of anti-terrorism legislation. Civil liberties and privacy groups are pleading with Congress not to act hastily on the package.
A draft bill circulating today on Capitol Hill, apparently reflecting the administration's views, would give new authority to the Justice Department to arrest immigrants suspected of terrorism, accelerate the process of deporting them and curtail court appeals.
In announcing the new regulations, Attorney General John Ashcroft said at a news conference that the government had "a responsibility to use every legal means at our disposal to prevent further terrorist activity by taking people into custody who have violated the law and who may pose a threat to America."
Under its new powers, the Immigration and Naturalization Service, which is part of the Justice Department, would normally have 48 hours to decide whether to release or charge a detained immigrant.
The 48-hour deadline could be waived, however, "in the event of emergency or other extraordinary circumstance," allowing an immigrant to be held for "an additional reasonable period of time" without charges.
The new rules would apply to immigrants and foreign visitors who entered the country legally but who are suspected of committing crimes in the United States, or who have overstayed a visa or violated other terms of their entry into the country. They would not apply to citizens.
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