The Immigration and Naturalization Service had actually opposed the mandatory detention provision when Congress was considering it.
Justice Kennedy's dissent explains the clarity of the detention provision, and I see no obstacle to following the statute's plain meaning.
"I rise today to express my strong opposition to the detention provisions in the defense authorization bill."
While the indefinite detention provisions were a "grave concern", they were "necessary" and accompanied by "several important safeguards against oppression".
Sen. spoke today to express his strong opposition to the detention provisions in the defense authorization bill.
The detention provision is aimed at people whose activities have aroused suspicions but who cannot be taken into custody or deported under existing law.
The new indefinite detention provision of the law was decried as a "historic assault on American liberty."
IIRIRA's mandatory detention provisions have also been repeatedly challenged, with less success.
After the law was signed, Polis, along with other members of the house, introduced legislation to repeal the indefinite detention provision.
The court held that courts in general should be vigilant that the continual detention provisions were not extended for arbitrary periods.