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Just a few months before the September 11 attacks on the World Trade Center and the Pentagon, the United States Supreme Court held in Zadvydas v. Davis that indefinite detention of removable aliens violates due process. Six months after the terrorist attacks of September 11, 2001, 563 individuals detained by the Immigration and Naturalization Service remained in custody. (“Before September 11, the ‘push in Washington was to restrict the powers of immigration authorities, not extend them. Courts, legislators and even President Bush had criticized federal agents about their use of classified or secret evidence, called ‘poisonous’ by one judge and ‘obnoxious’ by another.’”). The War on Terrorism also has made a fundamental change in the use of material witness laws. Under the material witness laws, individuals who have not committed any crime themselves may nonetheless be detained for extended periods of time.
Approximate Word count = 557
Approximate Pages = 2.2
(250 words per page double spaced)
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