April 25 2003

A ruling this week by Attorney General John Ashcroft set the precedent for detaining undocumented immigrants indefinitely, based on national security grounds, despite no known terrorist-related or other threatening links.

The decision came in the case of an 18-year old Haitian refugee who landed by boat in Miami last October. An immigration judge ruled he could be released on $2,500 bond to live with his uncle while his application for political asylum remained pending. This determination was upheld by the Board of Immigration Appeals, the administrative panel that decides appeals from the Immigration Court.

In a move that exercised broad power, Ashcroft usurped the Board's authority under the cover of "national security" and ordered the decision to be vacated. Instead of basing his decision on any known national security concerns specifically related to the 18-year old refugee, Ashcroft stated that, "the release of aliens...would tend to encourage further surges of mass migration from Haiti by sea, with attendant strains on national and homeland security resources...

Second, in light of the terrorist attacks of September 11, 2001, there is increased necessity in preventing undocumented aliens from entering the country without the screening of the immigration inspections process." In other words, the 18-year old refugee was denied release on bond simply because of general concerns about illegal immigration and national security.

This ruling sets a dangerous precedent for undocumented immigrants currently in detention, or those who will be detained in the future. Usually the Immigration Court determines eligibility for bond on a case by case basis. Now, government attorneys will be able to rely on this ruling to argue against release on bond for just about any undocumented immigrant.