Speech #1140099169

Davis that the United States may not indefinitely detain removable aliens just because no other country would accept them. In order for the U.S. Government to justify the detention of foreign nationals longer than six months. the basic rule is that the government must show that there is a "significant likelihood of removal in the reasonably foreseeable future." The Zadvydas decision has thus set a precedent that dangerous. deportable. convicted criminal aliens who have completed their sentences. but who cannot be deported to other countries. cannot continue to be indefinitely detained and must be released. Equally concerning. if a trial were to take place that resulted in a sentence of anything other than capital punishment or life in prison. then the Zadvydas precedent would most likely require the release of the terrorist within 6 months of the completion of his or her sentence. The danger any such releases could present has unfortunately already been illustrated. The Zadvydas decision has already resulted in extraordinary violence against Americans and threats to public safety. In the last 3 years alone. almost 10.000 criminal aliens have been released from U.S. Immigration and Customs Enforcement custody because of Zadvydas. Too many of these aliens are released because the U.S. cannot obtain travel documents from home countries. This has real consequences.