top
US
US
Indybay
Indybay
Santa Cruz
Santa Cruz
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Calendar
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Suzi Hazahza and the Pirates of Homeland Security
by Electronic Intifada (reposted)
Sunday Apr 1st, 2007 9:37 AM
One by one, all the helium-inflated excuses for arresting and imprisoning Suzi Hazahza have been popped and now lie on the ground. And the single memory humanizing the government that still holds her unlawfully behind bars is the look on one Federal Magistrate's face Thursday in Dallas when he was told by a US Attorney that Congress has stripped the federal bench of any right to order Suzi Hazahza freed until a full six months of illegal detention have passed.
Anguish is the word that some observers have used to describe the look on the judge's face as he wrestled with the impotence of his authority before the power of Homeland Security to arrest and detain innocent immigrants.

"Believe it or not, immigration law is replete with that language," explains New York immigration attorney Joshua Bardavid from his New York office on Friday evening, as sounds of the street honk outside his window. "Congress has told the courts that many discretionary decisions by immigration authorities are unreviewable." In this case, the unreviewable decision involves the unlawful six-month imprisonment of an innocent immigrant in the hellish privatized Rolling Plains prison of Haskell, Texas.

Over the weekend, Bardavid will work up his motion pleading with the Federal Magistrate to exercise his unimpeachable power to enforce the Constitution, with its protections against unlawful seizure and guarantees of due process. But the argument will be a a tough sell politically, because in order to take legal responsibility for Suzi Hazahza, the federal courts will have to state plainly that Homeland Security is using its discretionary authority to break the Constitution on American soil. For an aspiring federal magistrate under the administration of George the Bush II, such a ruling could mean the end of a career and almost certain reversal by the racist Fifth Circuit judges who gave us Hopwood not too many years ago (the ruling that abolished affirmative action in Texas for several years).

More
http://electronicintifada.net/v2/article6758.shtml
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

donate now

$ 265.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network