Government. Although the Government has authority to detain suspected terrorists. under this decision. it has only limited authority to detain criminal aliens who have been ordered removed. Under the Zadvydas decision. the Federal Government has had to release hundreds of dangerous illegal aliens into the American population. Among them is Carlos Rojas Fritze. who sodomized. raped. beat. and robbed a stranger in a public restroom and called it "an act of love." Tuan Thai. who repeatedly raped. tortured. and terrorized women and vowed to repeat his crimes and who also threatened to kill his immigration judge and prosecutor. was likewise released because under this decision he could not be held pending repatriation to his country of origin. Guillermo Perez Aguilar. who repeatedly committed sex crimes against children and was arrested for possession of a controlled substance. is also an example of an individual who had to be released into the American population because he could no longer be held under our immigration laws pending repatriation because of the Zadvydas decision. The list of criminal offenders such as these is long. and it is simply unacceptable that these individuals can roam freely in American society because of the way our current laws are interpreted. Zadvydas and Suarez Martinez. which is another case following the Zadvydas case. were simply statutory holdings. not constitutional holdings. As I mentioned a moment ago. Congress has the powerand. I would argue. the dutyto address these perils to our security by amending the Immigration and Naturalization Act. Indeed. in the Zadvydas opinion. the Court invited Congress to revisit the statute. Another anomaly created by a recent decision out of the Ninth Circuit is a view that the Department of Homeland Security cannot even detain aliens during removal proceedings.
Keywords matched
illegal aliens Naturalization immigration Immigration