“Petitioners would like the federal courts to order that they be brought to the United States, because they are unwilling to return to their home country. But they have no entitlement to that form of relief,” the brief submitted by Solicitor General Elena Kagan said. “As this Court has recognized repeatedly, the decision whether to allow an alied abroad to enter the United States, and if so, under what terms, rests exclusively in the political Branches.”
The above paragraph comes from a Politico story about the fate of the Guantanamo Uighurs. It is a gross mischaracterization of the reasons why their continued imprisonment is such an issue: the U.S. is, if I have read the case correctly, legally prohibited from repatriating them into China, since they face torture and summary execution.
In fact, since they have been ruled to have no connection to terrorism—Newt Gingrich’s ignorant rantings aside—it would be immoral in the extreme for the U.S. government to send them back to their homes knowing they would be submitted to such treatment. In fact, given the deeply political nature of their dispute with the Chinese government, it should make them eligible for asylum.
Why the Obama Justice Department is choosing to distort their case like this is unclear, but it is disgusting.