According to a letter from the Justice Department to Sen. Carl Levin (D-MI), more than 600 noncitizens have been detained and placed in closed immigration proceedings since September 11th. While the letter does not provide much information, it does provide the most complete information about the number of people in custody and what the outcome of their cases has been.
The letter says that, as of May 29, at least 611 people in INS detention had had at least one closed hearing. This means that more than 80 percent of the 752 people the letter says the INS detained in connection with the terrorism investigation were subjected to closed proceedings. Advocates also are concerned about the substantial difference between the 752 number and reports earlier this year that the INS had detained more than 1,200 people.
The use of closed hearings has been more widespread than many ever thought, leading some to express concern that the immigration process is being improperly used against people who cannot be criminally charged. A number of lawsuits challenging the use of closed proceedings have been filed. In one case, in Michigan, a judge ruled that closed proceedings were unconstitutional. The government, arguing that secrecy is necessary to protect the investigation and the identity of those detained, appealed. Arguments in the appeal are scheduled to be heard early next month.
The letter indicated that 81 people remained in INS custody.
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