The Hazahzas are Free!

Email from Joshua Bardavid, Esq.

The Hazahzas are free! They have been released on an order of supervision. Obviously we are all thrilled that they are finally free from unnecessary imprisonment, but I remained deeply dismayed that the
government waited until six months had elapsed. As we noted in our Court filings, simply because detention beyond six months is presumptively unreasonable does not mean that detention before six months reasonable or constitutional. Put another way, by releasing the
Hazahzas, the government is conceding that removal/deportation is unforeseeable. So if removal is unforeseeable today, then it was unforeseeable yesterday (and the day before that, and even on November 2, 2006, the day they were detained). As far as we can tell, ICE held the Hazahzas this long simply because they believed their actions were
unreviewable. I hope Congress takes note of this, and restores the habeas corpus authority of the courts to review actions of ICE.

Greg, thanks again for your keeping everyone informed of this and all of the other cases — Congress may be able to shield ICE from the eyes of the courts, but they will never be able to shield it from the eyes of the grassroots movement!

-Josh

NOTE: in reply to a follow-up email, Bardavid said he expects Ahmad Hazahza to be released on Monday, May 7.