WASHINGTON — A federal appeals court seemed reluctant Monday to release 17 Turkic Muslims being held without charges at Guantanamo Bay, Cuba, questioning whether judges rather than a president can order their freedom into the United States.
In a showdown over presidential power, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said a judge might have gone too far last month in ordering the U.S. entry of the 17 men, known as Uighurs (WEE’-gurz). The three judges suggested the detainees might need to formally apply via the Homeland Security Department, which administers U.S. immigration laws.
Such a move would effectively push the issue of the detainees’ release to the administration of President-elect Barack Obama, who has indicated he wants to shut down the military prison and release prisoners who have not been charged.
“Before they can be admitted into this country, there are immigration statutes to be addressed and petitioners haven’t pursued that yet,” said Judge Judith W. Rogers, who previously expressed support for the Uighurs’ immediate release.
Judge A. Raymond Randolph noted that the Constitution authorizes a judge to release foreign-born detainees who are unlawfully detained at Guantanamo. But he said it was a different matter whether the Uighurs were entitled to broader due process protections that would justify their entry into the U.S.
“The Supreme Court didn’t say one way or another,” Randolph said.
The judges did not indicate when they would issue a decision, which could take weeks.
The Muslims were cleared for release from Guantanamo as early as 2003 but fear they will be tortured if they are returned to China.
