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Supreme1 Court To Consider How Long Immigrants May Be Detained Without Bond Hearing
play pause stop mute unmute max volume 00:0003:54repeat repeat off Update Required To play the media you will need to either update your browser2 to a recent version or update your Flash plugin. STEVE INSKEEP, HOST:
Now, this next story is a reminder3 of the complexities4 of immigration law. Today, the Supreme Court takes up important immigration questions. The case concerns immigrants who are detained for more than six months. The question is whether they have a right to a hearing to try to get out on bond. Here's NPR legal affairs correspondent Nina Totenberg.
NINA TOTENBERG, BYLINE5: This case is not about people who enter the United States illegally. These are not the usual deportation7 cases where facts are cut and dried and people are deported8 after a month or two of detention9. Rather, these are lawful10 permanent residents whom the government is trying to deport6 because they committed a crime, or they're people who turned themselves in at the border seeking asylum11 because they claim a reasonable fear of persecution12.
When their cases are ultimately decided13, these people have a good chance of prevailing14. Forty percent of the lawful permanent residents and 70 percent of the asylum-seekers eventually win and remain here legally. The problem is their cases take a long time - on average, 13 months. And while detention may sound benign15, it is not, says Ahilan Arulanantham, who will argue the immigrants' case today.
AHILAN ARULANANTHAM: Well, if you walk into a detention center, you would think you were in a prison. The people who are there wear colored jumpsuits. They live in cells or sometimes in dorm-style barracks. Their movement is strictly16 controlled by guards. If you want to go visit your family member, you can't touch them. You have to talk to them usually through a phone with a glass pane17 separating you.
TOTENBERG: Two federal appeals courts have ruled that, after six months, these detainees are entitled to a hearing to determine if they are a safety or flight risk. And if they're not, the lower court said, they should be allowed temporary release after posting a money bond or agreeing to electronic monitoring or both. The Obama administration is challenging those decisions, arguing that the lower courts exceeded their authority.
Lawyers for the immigrants make their argument through examples. The lead plaintiff in the case, for example, is Alejandro Rodriguez, a 39-year-old lawful permanent resident of the U.S. who was brought to this country when he was an infant. He was working as a dental assistant when he was picked up and detained for deportation based on a 1998 conviction for joy riding - not a deportable18 offense19 - and a later conviction for drug possession, which is deportable at the discretion20 of the immigration court.
Rodriguez was detained for three years and ultimately prevailed in keeping his status as a lawful permanent resident. The other category of people before the court today are asylum-seekers. They've been evaluated and judged to have a credible21 fear of persecution in their home countries. The ACLU, which is representing the immigrants in these cases, points, for example, to the case of an Ethiopian asylum-seeker who fled his homeland after he was abducted22, held for over a year and tortured.
Upon arriving in the U.S., he was detained without any chance for release after a Department of Homeland Security officer mistakenly thought he was from Somalia. After he was detained for nine months, he was granted asylum. In today's case, immigration lawyers representing a class of 6,000 to 8,000 people contend the detentions23 that average 13 months amount to an unconstitutional deprivation24 of liberty for a prolonged period and that detainees are entitled to a bond hearing after six months.
The Obama administration replies that these arguments are all beside the point because, in the government's view, the executive and legislative25 branches traditionally have the power to control immigration matters, free from any judicial26 oversight27. In short, the government argues that if Congress or the president want to change the law or the immigration regulations, either can do so, but the courts have no business meddling28 in such matters. Nina Totenberg, NPR News, Washington.
1 supreme | |
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2 browser | |
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3 reminder | |
n.提醒物,纪念品;暗示,提示 | |
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4 complexities | |
复杂性(complexity的名词复数); 复杂的事物 | |
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5 byline | |
n.署名;v.署名 | |
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6 deport | |
vt.驱逐出境 | |
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7 deportation | |
n.驱逐,放逐 | |
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8 deported | |
v.将…驱逐出境( deport的过去式和过去分词 );举止 | |
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9 detention | |
n.滞留,停留;拘留,扣留;(教育)留下 | |
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10 lawful | |
adj.法律许可的,守法的,合法的 | |
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11 asylum | |
n.避难所,庇护所,避难 | |
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12 persecution | |
n. 迫害,烦扰 | |
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13 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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14 prevailing | |
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15 benign | |
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16 strictly | |
adv.严厉地,严格地;严密地 | |
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17 pane | |
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18 deportable | |
adj.可(或应)驱逐出境的,可(或应)流放的 | |
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19 offense | |
n.犯规,违法行为;冒犯,得罪 | |
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20 discretion | |
n.谨慎;随意处理 | |
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21 credible | |
adj.可信任的,可靠的 | |
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22 abducted | |
劫持,诱拐( abduct的过去式和过去分词 ); 使(肢体等)外展 | |
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23 detentions | |
拘留( detention的名词复数 ); 扣押; 监禁; 放学后留校 | |
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24 deprivation | |
n.匮乏;丧失;夺去,贫困 | |
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25 legislative | |
n.立法机构,立法权;adj.立法的,有立法权的 | |
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26 judicial | |
adj.司法的,法庭的,审判的,明断的,公正的 | |
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27 oversight | |
n.勘漏,失察,疏忽 | |
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28 meddling | |
v.干涉,干预(他人事务)( meddle的现在分词 ) | |
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