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Legal news from Friday, August 10, 2007 |
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Bush administration unveils new immigration reforms
Michael Sung on August 10, 2007 1:10 PM ET

[JURIST] The Bush administration Friday announced new reforms [fact sheet] that are designed to "address border security and immigration challenges." In a statement [text] Friday, Bush said that the new meausres "represent steps my Administration can take within the boundaries of existing law to better secure our borders, improve worksite enforcement, streamline existing temporary worker programs, and help new immigrants assimilate into American society." Bush continued: Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my Administration will continue to take every possible step to build upon the progress already made in strengthening our borders, enforcing our worksite laws, keeping our economy well-supplied with vital workers, and helping new Americans learn English. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez [official profiles] said that the federal government will bring the number of Border Patrol agents to 18,300 and build an additional 370 miles of fencing and 300 miles of vehicle barriers by the end of 2008. The administration will also seek to allocate more funding to increase detention capacity so additional illegal aliens "caught trying to cross the border illegally are held until they can be removed." The Department of Homeland Security will also implement stricter rules on illegal hiring [JURIST reports] as well as phase back in the passport identification entry requirement for all sea and land ports of entry beginning on January 31, 2008. The administration will also seek to "streamline existing guest-worker programs" to encourage foreign workers to legally enter the United States.
The measures are the latest efforts by the administration to address immigration reform [JURIST news archive] following the rejection [JURIST report] of a proposed immigration reform bill by the Senate in June. AP has more.


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Padilla terror trial judge bars 'defensive jihad' defense
Michael Sung on August 10, 2007 9:27 AM ET

[JURIST] US District Judge Marcia Cooke [official profile] ruled Thursday that jurors in the terror trial of Jose Padilla [JURIST news archive] and co-defendants Adham Amin Hassoun and Kifah Wael Jayyousi [GlobalSecurity profiles] will not be able to consider the "defensive jihad" defense, agreeing with federal prosecutors that the defendants can be convicted even if they believed that their "conduct was religious, politically, or morally required, or that ultimate good would result." The ruling is a setback for the defense, which had argued that Islam allows "defensive jihad" and that this is different from terrorism because it is intended to defend Muslims from aggression and not intended to threaten innocent lives. Jurors are expected to begin deliberations after closing statements Monday.
Padilla, Hassoun, and Jayyousi are accused [JURIST report] of being a part of an Islamic fundamentalist terrorist support network and conspiring to murder US nationals. Padilla, a US citizen, was arrested in 2002 at Chicago's O'Hare International Airport and subsequently detained as an "enemy combatant" [JURIST news archive] at a Navy military brig in Charleston, South Carolina. Initially accused of planning to set off a "dirty bomb" in the United States, Padilla went from enemy combatant to criminal defendant when he was finally charged with other offenses in November 2005. Padilla was transferred to civilian custody [JURIST report] in January 2006 and has pleaded not guilty [JURIST report] to the charges. AP has more.


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UK resident detained at Guantanamo Bay already cleared for release: Pentagon
Michael Sung on August 10, 2007 8:38 AM ET

[JURIST] The US Department of Defense has cleared for release one of the Guantanamo Bay [JURIST news archive] detainees who was a legal resident in the UK before his detention, Deputy Assistant Secretary of Defense for Detainee Affairs Sandy Hodgkinson said Thursday. The US has not transferred the detainee, who was not identified, to his country of origin due to concerns that he could be subject to mistreatment. The UK Foreign & Commonwealth Office [official website] said earlier this week that it has asked the United States to release five detainees [press release; JURIST report] who held UK residency before being detained at Guantanamo. The five detainees - Saudi Arabian Shaker Aamer, Jordanian Jamil el Banna, Libyan Omar Deghayes, Ethiopian Binyam Mohamed and Algerian Abdennour Sameur - had been granted either refugee status, indefinite leave or exceptional leave to remain in the UK. Hodgkinson indicated that US authorities will provide the British government detailed documents on the five detainee, but said that their release from Guantanamo would not be conditioned on a British promise to detain the men.
British officials under the government of former Prime Minister Tony Blair had refused to seek the release of British resident aliens held at Guantanamo Bay [JURIST news archive], and el Banna and Deghayes were among a group of detainees who lost a court bid [JURIST report] to force the UK government to lobby the US for their release. Reuters has more.


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