N.J. appeals court: Detainee names can be kept secret
By The Associated Press
06.12.02
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NEWARK, N.J. — The federal government can keep the names of post- Sept. 11 detainees secret, a New Jersey appeals court said in ruling that the head of the U.S. Immigration and Naturalization Service has broad powers to prevent release of the information.
Today's state appeals court ruling was a setback to immigration and civil rights advocates, who have been seeking the names of detainees since last fall in an attempt to monitor their treatment while in custody and ensure they have adequate legal representation.
The advocates plan to appeal the matter to the state Supreme Court.
"It's very inconsistent with other decisions concerning government secrecy since Sept. 11 which have courageously recognized that open government is essential to the success of democracy," said Deborah Jacobs, executive director of the Newark chapter of the American Civil Liberties Union.
"They deferred to the claims of the federal government and gave them broad authority over issues relating to immigration," she said. "Essentially, (they) ruled that Congress granted the commissioner the authority to act on anything that touches immigration in any way."
The three-judge panel ruled that INS Commissioner James Ziglar has the right to administer immigration matters, and that some detainees might not want their names to be made public. The panel ruled that releasing the information could jeopardize the safety of the detainees or their families, and might also hurt ongoing criminal investigations.
INS spokesman Russ Bergeron referred inquiries to the Justice Department, whose spokesman, Dan Nelson, did not return a call seeking comment in time for this story.
According to the most recent figures released by the Justice Department, 104 detainees remain in custody, most of them in county jails in Passaic, Hudson and Middlesex counties in New Jersey.
At issue was the federal government's policy of keeping detainee names secret. The U.S. Justice Department argues that releasing the names of those in custody could help terrorist organizations by letting them know which of their operatives are — or aren't — in custody.
The New Jersey ACLU sued Passaic and Hudson counties in January, claiming the names of all persons arrested in New Jersey are public information under the state's right-to-know law. Other court rulings have supported that stance, rejecting claims that the release of the names could hurt national security.
The ACLU is also suing the federal government in federal court, challenging the practice of routinely closing immigration court hearings involving detainees.
Chief U.S. District Judge John W. Bissell ruled late last month that a blanket policy closing the INS hearings was unconstitutional, and that public interest outweighs closing the hearings while the matter winds its way through the courts, which could take months. Bissell ruled that such hearings may be closed only on a case-by-case basis by the judge conducting the proceeding
Bissell also rejected the Justice Department's request to limit his order to INS hearings held in New Jersey, extending it to all post-attack detainees.
Update
N.J. high court won't hear appeal on releasing detainees' names
ACLU says it may ask U.S. Supreme Court to consider forcing government officials to identify those held in jail as part of terrorism investigation.
07.10.02
Previous
Government: Releasing detainees' names could be 'dangerous'
Justice Department tells N.J. appeals panel that disclosing identities could deter some detainees from cooperating, could let terrorists know what information has been gathered.
05.22.02
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