I think this was a bad call by the supreme court

[DKSuddeth]

http://story.news.yahoo.com/news?tm...20040112/ap_on_go_su_co/scotus_detainee_names

This could be the pandoras box we all worry about.

 

[wonderwench]

I don't. Illegal aliens are here illegally.

The government deporting them is precisely in line with the proper role of government. Given the sensititivity of investigating terrorism, the identities of such illegal aliens can rightly be considered classified information.

If they were here legally or were citizens, then your concern would be better justified.

 

[DKSuddeth]

Thats not the bad call I was talking about. I stand behind having the hearings and deporting those illegals, I don't support the secrecy behind it. Thats the bad call.

 

[wonderwench]

I acknowledge that this is a grey area, mainly because the situation is unprecedented in U.S. history.

It can certainly be argued that the identity of those who were deported is classified due to ongoing intelligence efforts in the war on terrorism. This is why we have congressional committees with security clearance. They have access and can ensure that the law was followed. I'd prefer to see that remedy in this case.

 

[DKSuddeth]

one could reason that if the illegal were already deported, or even having deportation hearings, then they should obviously not be considered as part of a terror investigation.

One could also reason that if the subject WERE part of a terror investigation then that person wouldn't be scheduled for a hearing at all.

Logically, there is no reason to hold secret immigration and deportation hearings other than to avoid pissing off the people that seem to be OK with lax immigration policy. I, however, am not one of them.

 

[wonderwench]

Au contraire.

The issue is their relationships to terrorist networks and any ongoing field operations to gather intelligence. Releasing their names could compromise the investigation.

 

[DKSuddeth]

They've already established that they can, and will, hold illegals if they are part of the investigation. Those that have already been deported or are scheduled to have their deportation hearings should no longer be a part of a terror investigation, right? Thats pretty simple I think.

 

[wonderwench]

No, that is not logical.

Someone may have a relationship or information useful to an investigation without having committed a crime (other than being an illegal alien) or a terrorist act.

 

[DKSuddeth]

Originally posted by wonderwench
No, that is not logical.

Someone may have a relationship or information useful to an investigation without having committed a crime (other than being an illegal alien) or a terrorist act.

Thats what the 'material witness' warrant is used for is it not?

I say again, its only logical that those that have been deported, or are in the process of being deported, should be made public.

 

[wonderwench]

I am not a legal scholar - but my common sense is telling me that the nature of the witness being an illegal alien alters the applicability of a "material witness" warrant.

 

[DKSuddeth]

A material witness warrant can be issued for citizen, non-citizen, and illegal alien alike. Immigration status has no bearing on that. Now, the initial INS hearing that an illegal alien must have is supposed to determine how to handle said alien. Whether he is a danger or not. If not, to save space in facilities, they can put said alien in a 'halfway house' OR they can put him in a 'registered' status (that rarely happens) while they work on a green card.

Therefore, if an Illegal alien is determined that he has no part or bearing on a terror investigation and is to be deported then he is scheduled a hearing where he may appeal for status like political asylum and such.

Those that have already been deported are no longer in our custody so obviously they would not be involved in any interrogation or investigation, would you assume THAT to be logical?

 

[wonderwench]

Yes, one could also play out that thread of logic.

But it does not necessarily follow that just because someone has been deported that they are no longer connected to an ongoing investigation.

At this point, you and I are just going to go around in circles, so peace.

 

[DKSuddeth]

same