DOS Cable on Returns of Detainees

O 071807Z AUG 01
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS IMMEDIATE
SPECIAL EMBASSY PROGRAM IMMEDIATE

UNCLAS STATE 136079

E.O. 12958: N/A
TAGS: CVIS, KCRM, PREL
SUBJECT: REPATRIATION OF CRIMINAL ALIENS

1. The purpose of this cable is to alert you to a recent
development that relates to the repatriation of long-term
immigration detainees.

2. On June 28, 2001, the United States Supreme Court held
in Zadvydas v. Davis, that the INS may detain aliens with
final orders of removal only for a period reasonably
necessary to bring about that alien's removal from the
United States. Under the court's decision a criminal
alien must be released when the alien's removal from the
United States is no longer reasonably foreseeable. The
Court held that detention of such aliens for up to six
months after a removal order is final is "presumptively
reasonable."

3. As noted in a July 12, 2001 letter from Deputy
Attorney General Larry D. Thompson to Deputy Secretary of
State Richard Lee Armitage, this decision has caused great
concern in DOJ, as it will significantly affect the INS's
ability to detain aliens who have been ordered deported
but whom the INS has thus far been unable to remove
because of questions of the alien's identity or
nationality or reluctance/inability by the alien's
government to provide travel documents. DOJ has requested
the immediate support of the Department to assist INS
efforts in the repatriation of the affected detainees.

4. The Department will exert all appropriate efforts to
assist DOJ. In so doing, our diplomatic goal will be to
enhance our cooperation with host governments and
encourage them vigorously to take the steps necessary to
effect the expeditious return of foreign nationals no
longer entitled to remain in the US, especially those
subject to detention pending removal. We are fully aware
of the sensitivities this issue has for many host
governments, and that many of these cases involve complex
questions of law and national origin. However, the bottom
line is that as the Supreme Court's order is implemented,
we must intensify USG efforts to convince countries to
fulfill their obligations to accept return of their
nationals.

5. Department will send follow up cables detailing steps
the Department is taking to assist DOJ with this issue,
and with specific requests of certain posts for
assistance.

POWELL