On Wednesday, we filed a friend-of-the-court brief urging the Supreme Court to hear the case of the Uighurs — a group of 17 Chinese Muslims that have been detained at Guantánamo for over seven years without charge.

In October 2008, a federal judge ruled that the men should be freed into the U.S. because the Pentagon no longer considered them enemy combatants and no other country would accept them. However, in February, a federal court of appeals ruled that the judge had overstepped his power in ordering the men's release, and that only the executive branch had the authority to release the men into the U.S. — leaving the group of men in legal limbo.

A month ago, lawyers representing the Uighurs asked the U.S. Supreme Court to review the appeals court decision denying their release. And Wednesday, we filed a brief in support of their petition to the Supreme Court. The central issue before the Supreme Court: can a federal court order the release of the prisoners in the U.S.?

As an ethnic minority, the Uighurs have long been repressed in China, and if they return, they'll likely be persecuted and tortured. Political pressure from China has dissuaded Albania, which accepted five Uighurs a few years ago, from accepting any more. In fact, the fear of diplomatic repercussions from China has scared the rest of the world from accepting them.

The Uighurs have been wrongly imprisoned without charge for over seven years. Releasing them is the only real remedy to this injustice, and bringing them to the United States would be an example to other countries to provide a safe haven for released detainees.

CORRECTION: An earlier version of this post incorrectly stated the date that we filed our amicus brief. We filed the brief on Wednesday, May 6, not Thursday, May 7.

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Munich would ac...

The city council of Munich, Germany, has passed a resolution to accept the Uighurs. Munich is apparently home to "the largest population of ethnic Uighurs outside of China". The authority for accepting the Uighurs does not lie with the city council, but I believe with the minister of the interior of Bavaria (a very conservative region). Ministers of two other German states have responded to U.S. requests to accept detainees by asking "If the US imprisoned them and is now unwilling to accept them on their own territory, why should we take them?"



you people are disgusting in all you do and hypocrites. at the end of the world if there is only one shining moment it will be that you are gone.


I believe that once again the ACLU is wrong. The ACLU has done more to undermine the security and values of our great nation, than any group in history. I belive that you are such a liberal, left wing radical group, that you actions are paramount to treason.

dare I say it?



In addition, you are abolutly wrong on GITMO. Military tribunals should be the ONLY consideration here. You don't care that our kids are killed due to your radical agenda, you just keep pushing your liberal views. You do not represent morality, values, honor, or the majority of Americans.

I'll say it again,



How about if Romero take all of them into his own home.

They were taken for a reason also
China said they would take them back.
Oh, while we hand them back let's give them also Romero and company and let's see if in 7 years we go and check up on him too.


the aclu is the most unAmeican organization on planet earth. you are so anti christian. im am sure 90% of what you are legalaly combating is what made are country the great country that it is. You should call yourselves the vendictive trogladites that defend the morally,and legally corrupt.why you hate christians is obvious, but why you hate our nation isnt. if i have offended you.Just hurry up and spend some of your money and buy another law.


So now Holder is the attorney general. And unlike his Bush administration predecessors, he is not looking to keep terrorist communications out of the United States; he is trying to usher terrorist operatives into the United States. To appease the same antiwar Left that Holder was courting with his June 2008 stemwinder, President Obama began his administration by rashly promising to close the detention camp at Guantanamo Bay, where we are still holding approximately 240 jihadists, most of them graduates of al-Qaeda training camps. Obama had no plan for accomplishing this commitment, so now, to fulfill it, he finds himself needing to release many, if not most, of them.

But Holder has a problem: federal immigration law. Sen. Jeff Sessions (R., Ala.), a former federal prosecutor and Alabama attorney general who is now the ranking Republican on the Judiciary Committee, has written to remind Holder that, edified by war and a dozen years of jihadist attacks, Congress amended that law in 2005 to bar the admission of alien terrorists into the United States. Thus, Section 1182 of Title 8, United States Code, clearly provides that an alien “is inadmissible” if any one (or more) of the following applies:

he “has engaged in a terrorist activity”;

the government “knows, or has reasonable ground to believe,” he “is engaged in or is likely to engage after entry in any terrorist activity”;

he “has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity”;

he “is a representative . . . of . . . a terrorist organization . . . or a political, social, or other group that endorses or espouses terrorist activity”;

he “is a member of a terrorist organization” (“unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a terrorist organization)”;

he “endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization”; or

he “has received military-type training . . . from or on behalf of any organization that, at the time the training was received, was a terrorist organization.”

The alien jihadists that Holder wants to release into the United States — where they would live freely on subsistence payments provided by the American taxpayers they were training to kill — are all inadmissible on multiple prongs of the statute. It’s not even a close question.

In testimony on the Hill Thursday, the evasive attorney general promised skeptical senators like Richard Shelby (R., Ala.) that “with regard to those who you would describe as terrorists, we would not bring them into this country and release them, anyone we would consider to be a terrorist.”

The Uighur Muslim detainees whom Holder would relocate to our country are involved in a separatist jihad against China. That is what induced our military prosecutors to assert — in preposterous avoidance of jihadist ideology — that they are a threat only to the Chinese, not to us. But under the governing statute, it doesn’t make the slightest bit of difference. The Uighurs are affiliated with East Turkestan Islamic Movement, an al-Qaeda franchise that has been formally designated as a terrorist organization under U.S. law. As terrorism expert Thomas Joscelyn documents, their training was orchestrated by a terrorist named Abdul Haq, a member of al-Qaeda’s Shura Council (its top advisory circle). Even if you buy the fiction that their only enemy is China (and as Joscelyn relates, there is a slew of counter-evidence), they still came to Afghanistan to obtain terrorist paramilitary training so they could go back and “cause death or serious bodily harm” in China. There’s not a snowball’s chance in hell that they didn’t know why they were at the training camps, where explosives construction and assassination tactics are taught, and their training thus served to “endorse and espouse terrorist activity.”


Innocent until proven guilty in a court of law. Not a military tribunal.

Equal justice under the law. Its the law that counts folks. The law, justice is blind for a reason. So that people like you bigots that don't like foreigners can not control justice.

The ACLU is the saving grace in a democracy that is teetering on the brink of monarchy. We torture, lie, obfuscate and imprison not only foreigners on the word of the King, but US citizens also. We spy on our citizens without cause and against the Constitution.

No man is above the law, but all men are entitled to their day in court.

If we don't have justice for all we will only have justice for the powerful, which I dare say will not be you religious right or right wing or military bigots.

Thank God for the ACLU.

Hawaiian style

..."give me your tired, your poor, your huddled masses yearning to breathe free..."

Or, ship the Statue of Liberty to a country that wants to embody its ideals.


I find it sad that the bigots are so afraid that they think that the United States of America would be threatened by the presence of 17 innocent Muslims.
Personaly I think that the bigoted fanatics are a much greater threat to Democracy than a few dirt poor peasants from China.


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