Judge Rules That U.S. Has Broad Powers to Detain Noncitizens Indefinitely

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.

The ruling came in a class-action lawsuit by Muslim immigrants detained after 9/11, and it dismissed several key claims the detainees had made against the government. But the judge, John Gleeson of United States District Court for the Eastern District of New York, allowed the lawsuit to continue on other claims, mostly that the conditions of confinement were abusive and unconstitutional. Judge Gleeson’s decision requires top federal officials, including former Attorney General John Ashcroft and Robert S. Mueller III, the F.B.I. director, to answer to those accusations under oath.

This is the first time a federal judge has addressed the issue of discrimination in the treatment of hundreds of Muslim immigrants who were swept up in the weeks after the 2001 terror attacks and held for months before they were cleared of links to terrorism and deported. The roundups drew intense criticism, not only from immigrant rights advocates, but also from the inspector general of the Justice Department, who issued reports saying that the government had made little or no effort to distinguish between genuine suspects and Muslim immigrants with minor visa violations.

Lawyers in the suit, who vowed to appeal yesterday’s decision, said parts of the ruling could potentially be used far more broadly, to detain any noncitizen in the United States for any reason.

This case is a big loss for the victimhood branch of the Muslim faith. If it stands on appeal, it will be helpful in fighting the Islamist and its ideology of victimhood. While immigration laws have not been enforced consistently, they have become something of a silver bullet in dealing with the terrorist threat making it very difficult for the enemy to infltrate into the country without detection.

It always amazes me how these people who are here illegally, be it Muslim, Mexican, or anyone, think they are afforded Constitutional rights. This case is not over, but I’m glad to know that some judges still recognize our government’s right to protect us in a time of war.