2A - The Michigan Daily - Thursday, January 13, 2005 ____
NATION/WORLD
Look<ing for
a career that
radiates
success?
Then talk to someone
who knows science.
Court
changes
detilenion
policy
WASHINGTON (AP) - The
Supreme Court ruled yesterday that the
government may not indefinitely detain
criminals who are illegal immigrants,
undercutting a Bush administration
policy applied to foreigners deemed
too dangerous to be freed.
In a separate ruling, the justices said
the United States can deport immigrants
without first getting permission from
the receiving country. The 5-4 ruling
will hasten the return of thousands of
Somalis who have resisted going back
to their war-torn homeland.
The detention case involved two
men who were part of the 1980 Mariel
exodus, in which Cuban President Fidel
Castro sent criminals and psychiatric
patients to the United States along with
thousands of other fleeing Cubans.
The high court ruled in 2001
that it would be unconstitutional to
detain legal immigrants who have
served time for crimes for more than
a "reasonable period," generally six
months. That also should cover illegal
immigrants, the Supreme Court said
in a 7-2 ruling yesterday.
"The government fears that the
security of our borders will be
compromised if it must release into
the country inadmissible aliens who
cannot be removed. If that is so,
Congress can attend to it," Justice
Antonin Scalia wrote.
The administration had argued for
wide discretion intholding foreigners,
particularly after the attacks of Sept.
11, 2001.
"It's a great victory," said Judith
Rabinowitz, a senior lawyer for ACLU's
Immigration Rights Project, which filed
a brief supporting the immigrants. "It's
a clear rejection of what we see as the
Bush administration overreaching."
Justice Clarence Thomas and Chief
Justice William Rehnquist dissented.
They argued that the government
should have greater authority to
detain illegal immigrants for national
security reasons.
Daniel Benitez was in prison in Florida
for armed robbery, burglary and battery.
Sergio Martinez was convicted of theft
and assault in Rhode Island.
They finished their sentences
in late 2001, but have been in U.S.
immigration custody since then, under
a 1996 law that tightened restrictions
on criminal aliens. The law allows
extended detention for people facing
deportation, if the attorney general
believes they are dangerous.
Government records show that about
2,269 illegal immigrants are in prison.
More than half of them, including 920
Cubans from the Mariel boatlift, have
been held longer than six months. The
ruling means those detainees now must
be released.
Richard Samp, a lawyer for the
conservative Washington Legal
Foundation, which filed a brief
supporting the government, said
the decision "leaves the federal
government without power to prevent a
foreign country from dumping all of its
undesirable citizens on our shores."
The case is Clark v. Martinez, 03-
878, and Benitez v. Rozos, 03-7434.
In the other ruling, the court said the
United States does not need the consent
of a foreign country before deporting
an immigrant to that country.
More than 8,000 Somalis being
held in the United States are subject to
deportation or are awaiting hearings.
At issue was whether a president is
authorized to deport legal immigrants
even when the receiving country has
not agreed to take them because it
lacks a functioning government.
Scalia wrote that Congress had
intended that these immigrants could
be deported without a country's
permission even though federal law
does not specifically say that.
If the Somali immigrants fear harm
at home, they have other remedies for
relief, including applying for asylum,
Scalia wrote. He was joined in the
ruling by Rehnquist and Justices Sandra
Day O'Connor, Anthony Kennedy and
Clarence Thomas.
BAGHDAD, Iraq
Mosul attack kills two Iraqi National Guardsmen
Guerrillas attacked a joint U.S.-Iraqi convoy in Mosul yesterday, killing two
Iraqi National Guardsmen only a day after a similar attack in the restive northern 0
city left three Guardsmen dead.
In Washington, the White House said the search for weapons of mass destruction
in Iraq has quietly concluded without any evidence of the banned weapons that
President Bush cited as justification for going to war against Iraq.
The Iraq Survey Group, made up of some 1,200 military and intelligence
specialists and support staff, spent nearly two years searching military installations,
factories and laboratories whose equipment and products might be converted
quickly to making weapons.
JERUSALEM
Sharon's new government survives first parliament test
Prime Minister Ariel Sharon fended off the latest challenge to his Gaza with-
drawal plan yesterday, winning a parliamentary vote that had threatened to bring
down his new moderate government.
But hard-liners in his Likud Party said they will topple Sharon if he doesn't put
his pullout plan to a national referendum - a step he has ruled out.
The political crisis revolved around Sharon's 2005 state budget, which must pass
three votes by March 31. Otherwise, the government must resign and new elections
would be scheduled, putting the Gaza pullout in jeopardy.
Sharon this week formed a new government with the dovish Labor Party and
a small ultra-Orthodox Jewish party. The alliance, with the occasional backing
of several opposition parties, gives Sharon a solid majority in favor of the Gaza
withdrawal, despite objections from 13 Likud lawmakers.
Without the hard-liners' support, however, Sharon doesn't have enough votes to
push his budget through parliament.
BANDA ACEH, Indonesia
Military faces restrictions with tsunami relief
The U.S. military faced tighter restrictions yesterday as the Indonesian
government sought to reassert control over foreign troops, relief workers and
journalists in the tsunami-devastated region, which also has been the site of a rebel
insurgency.
In Paris, the world's wealthiest nations said they support a moratorium on debt
repayments by countries stricken by the Dec. 26 disaster that has killed more than
150,000 people.
The moves by the Indonesian government, aimed primarily at U.S. troops,
underscore the nationalistic country's sensitivities at having foreign military forces
operating there. They also come amid warnings from the Indonesian military that
areas of tsunami-battered Aceh province may not be safe for aid workers.
WASHINGTON
Government issues new nutrition guidelines
Eat less. Exercise 30 to 90 minutes a day.
"It is not too hard," the health secretary insisted yesterday in issuing new federal
dietary guidelines that also urge people to eat more whole grains, fruits and
vegetables and stick to fat-free or lowfat milk.
The guidelines bring the government one step closer to revising the familiar food
pyramid, which in the next two months will be updated for the first time since its
creation 12 years ago.
The question is whether people will follow the advice. Most people know about
the current pyramid, but very few heed its suggestions, and two in three Americans
are overweight. It's possible the old pyramid will give way to a new shape.
Health and Human Services Secretary Tommy Thompson said the new guidelines
are commonsense and should be easy to follow.
"Do you want to look better? Yes. Do you want to feel better? Yes,"
Thompson said.
- Compiled from Daily wire reports
MARKET UPDATE
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