Nation & world briefing
High court* Immigrants
can be held without bail
Jan Crawford Greenburg
Chicago Tribune (KRT)
WASHINGTON — Handing the
government greater power to detain
legal immigrants, the Supreme
Court narrowly ruled Tuesday that
legal immigrants convicted of
crimes may be held without bail
throughout the course of their de
portation proceedings, even where
they are not a danger to society or
flight risk.
By a 5-4 vote, the court ruled that
a 1996 immigration federal law that
provides for mandatory detention of
legal immigrants facing deportation
did not violate their constitutional
rights. It rejected a challenge by 25
vear-old Hyung Joon Kim, who im
migrated to the United States from
South Korea as a child and is a law
ful permanent resident.
The Immigration and Naturaliza
tion Service incarcerated Kim and
began deportation proceedings
against him after he was convicted
of burglary and petty theft. Kim ar
gued he was entitled to a bond hear
ing and should be released on bail
during his deportation proceedings.
He maintained that detention vio
lated his constitutional rights to due
process because he was not a dan
ger to society or a flight risk.
He urged the court to overturn
the federal law, which requires the
INS to detain non-citizens convict
ed of felonies or other deportable
crimes during their deportation
hearings. Since President Bill Clin
ton signed the law into effect, some
75,000 legal immigrants have been
detained without a bond hearing.
But the court, in a majority opin
ion by Chief Justice William Rehn
quist, said Congress was justified in
passing the law because it was re
sponding to the “near-total inabili
ty” of the INS to remove deportable
criminal immigrants. It said the law
was a valid response to “wholesale
failure by the INS to deal with in
creasing rates of criminal activity
by aliens” and that it did not violate
Kim’s constitutional rights.
“Detention during removal pro
ceedings is a constitutionally per
missible part of the process,” wrote
Rehnquist, who was joined by Jus
tices Sandra Day O’Connor, An
tonin Scalia, Anthony Kennedy and
Clarence Thomas.
The case came about before the
Sept. 11, 2001, terrorist attacks
and does not directly touch on is
sues that have arisen in the gov
ernment’s war on terrorism, in
cluding the secret detention of
hundreds of immigrants, though
some observers said it could sup
port the Justice Department’s de
tention of terrorist suspects.
Dissenting justices, led by Justice
David Souter, decried the decision,
which they said was “devoid of even
ostensible justification” and was “at
odds with the settled standard of
liberty.” Souter said a legal resident
had more rights than an illegal
immigrant.
“The court’s holding that the
Constitution permits the govern
ment to lock up a lawful permanent
resident of this country when there
is concededly no reason to do so
forgets over a century of precedent
acknowledging the rights of perma
nent residents, including the basic
liberty from physical confinement
lying at the heart of due process,”
Souter wrote.
He was joined by Justices John
Paul Stevens and Ruth Bader Gins
burg. Justice Stephen Breyer wrote
separately.
#2003, Chicago Tribune. Distributed
by Knight Ridder/Tribune Information
Services.
News brief
Democrats say 1110/11
filibuster nomination
of Priscilla Owen
WASHINGTON — Senate De
mocrats deployed their strongest
weapon against another judicial
nominee Tuesday, vowing to fili
buster Texas Supreme Court Justice
Priscilla Owen as a conservative ac
tivist who doesn’t deserve a seat on
a federal appeals court.
Republicans decried the tactic
as “obstructionist.” But, Senate
Democratic leader Tom Daschle of
South Dakota said, “Her record is
so egregious that we have no
choice but to filibuster.”
Democrats are already using the
parliamentary tactic to keep con
servative lawyer Miguel Estrada off
the U.S. Circuit Court of Appeals
for the District of Columbia, the
court widely regarded as second
only to the Supreme Court in pres
tige and influence.
Republicans have tried four times
in the last three months to force a
vote on Estrada, but they haven’t
come up with the 60 votes needed
under Senate rules. Democrats say
they also have enough votes to
block a confirmation vote on Owen
— a boast that Republicans plan to
test Thursday.
President Bush named Owen to
the 5th U.S. Circuit Court of Ap
peals in New Orleans nearly two
years ago. But Democrats say her
record on Texas’ highest court indi
cates a pro-business bias.
“Her record on the Texas
Supreme Court is one of activism
and hostility to civil rights,” said
Sen. Edward Kennedy, D-Mass. “It’s
shameful and shocking that the ad
ministration is so bent on packing
the judiciary with nominees like ...
Priscilla Owen.”
Texas Sen. John Comyn, a Re
publican who served on the
Supreme Court with Justice Owen,
defended her record and decried
the partisanship that has stalled her
nomination for nearly two years.
“By any fair measure, Justice
Owen is an exceptional judge and
an excellent nominee,” he said.
“Two years is too long.”
The Democrats’ move to block
her confirmation sparked a fresh .
round of recriminations, with Re
publicans accusing them of abus
ing Senate rules to derail appellate
court nominees and Democrats
countering that the president and
his Senate allies have left them lit
tle choice. *$%
— Todd J. Gillman, The Dallas
Morning News (KRT)
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