The Supreme Court speaks again. For the second time in a week the Court has delivered a decision affirming the constitutional rights of aliens. In Zadvydas v. Davis, Nos. 99-7791 and 00-38 (June 28, 2001), the majority held that habeas proceedings remain available as a forum to challenge post removal period detention. Justice Breyer, joined by Stevens, O'Connor, Souter and Ginsburg, found that a statute permitting the indefinite detention of aliens would raise serious constitutional issues. The Court drew a distinction between the situation of aliens who have been admitted as permanent residents and subsequently ordered removed and those aliens who have never made an entry. Despite the potential consitutional problems, if the court had found a clear congressional intent to grant the Attorney General the power to indefinitely detain aliens ordered removed, it would have given it effect, but the court found no clear congressional intent to authorize permanent detention. The Court adopted a "reasonable time" standard. If removal is not reasonably foreseeable, continued detention should not be authorized. If it is foreseeable, the reviewing court should consider th risk of of the alien's committing further crimes as a factor potentially justifying continued detention. The Court decided that for the sake of a uniform administration of the courts, after a 6-month period, once an alien provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, the Government must furnish evidence to rebut that showing.
In response to requests from readers, ILW.COM has added a "Print this Page" feature to Immigration Daily pages. Some readers pointed out that it they used the "print" button on the browser, some words at the right hand side of the page would be lost. Clicking on the new Print this page will automatically remove all advertisements, sidebars, etc. and give you a plain text version of the page formatted to fit a standard sheet of paper. Print this page allows you to print the Daily, cases, Congressional Record, Federal Register, INS, DOS DOL items and featured articles to read when you are away from your computer and to save for future reference.
For pages which do not have the Print this page feature, we suggest the following solutions:
Printing from your Internet Browser: Go to the "File Option" on the menu
bar on either the Netscape or Internet Explorer then choose "Page Setup."
Adjust the settings of the right and left margins to about 0.25 inches
respectively. The top and bottom margins need not be adjusted. Hit "OK." Go
back to your "File Option" and click on "Print" and then "OK."
OR
If this does not work for you, print the page in landscape format. To print in landscape mode open the print dialog box. It will have a "Properties" button. Click on it and change the orientation of
the paper from "portrait" to "landscape." Hit "OK" and "print."
Paste text into your word processor: In order to avoid printing our menu
strip, place your mouse over the start of the article you want to print.
Click down and drag your mouse to the end of the article while keeping the
mouse pressed down. This should highlight the entire article. Now select the
"Copy" menu item from the "Edit" menu of your browser. Start your word
processor with an empty document. Select "paste." Now use the print function
of your word processor.
Highlight the text in Internet Explorer: Rather than copying and pasting the information into your word processor, many
readers have found that they are able to highlight the relevant text and then select the "Print" menu item under the "File" pull
down menu of Internet Explorer. After selecting the Print menu item, select the "Selection" radio button under "Print Range." Otherwise it will still print the whole document even if you have highlighted only a portion of it. The information should print out with the appropriate width and without cutting out any text. Unfortunately, this method seems to work only in Internet Explorer.
