Muslim Advocates Files Brief with U.S. Supreme Court, Urges Rejection of Indefinite Detention Policy

Muslim Advocates yesterday filed an amicus brief with the U.S. Supreme Court, urging a rejection of the indefinite detention of lawful residents in the U.S. The Sikh Coalition, the American-Arab Anti-Discrimination Committee (ADC), the Japanese Americans Citizens League (JACL), and South Asian Americans Leading Together (SAALT) joined Muslim Advocates as amici on the brief in al-Marri v. Spagone.

The case involves Ali Saleh Khalah al-Marri, a citizen of Qatar and graduate student in Peoria, IL, who was arrested in December 2001.

He was initially charged with credit card fraud in federal court, but on the eve of trial the President designated him an "enemy combatant" and ordered his transfer to military custody, where he has remained in detention, without charge or trial.

The brief, which was coordinated by Muslim Advocates with the law firm of DLA Piper, LLP as counsel, argues that detaining individuals in the U.S. indefinitely, without trial, is contrary to the core principles of our justice system and has no basis in law. Citing similar attempts to create indefinite detention regimes in Northern Ireland, India and Sri Lanka, as well as the United States during World War II, the brief describes the failure of these regimes to enhance security and their recurring and predictable abuse.

Muslim Advocates commends President Obama's early steps towards restoring the rule of law, including ending the use of torture and closing secret prisons overseas. But much work remains here at home to repair the damage to our nation's founding values.

Muslim Advocates extends its deep gratitude to the law firm of DLA Piper for its generous pro bono support. The administration's response is due in late March with a decision by the Court by no later than the end of June. (View the brief here.)

The brief, which was coordinated by Muslim Advocates with the law firm of DLA Piper, LLP as counsel, argues that detaining individuals in the U.S. indefinitely, without trial, is contrary to the core principles of our justice system and has no basis in law. Citing similar attempts to create indefinite detention regimes in Northern Ireland, India and Sri Lanka, as well as the United States during World War II, the brief describes the failure of these regimes to enhance security and their recurring and predictable abuse.