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In the weeks after the 9/11 attacks, the Bush administration constantly misrepresented how much power it was seeking over aliens. In a September 25 speech to FBI agents, Bush declared, “We’re asking Congress for the authority to hold suspected terrorists who are in the process of being deported until they’re deported.... We believe it’s a necessary tool to make America a safe place. This would, of course, be closely supervised by an immigration judge.” But everything that Bush and Ashcroft subsequently did sought to minimize, if not obliterate, judicial supervision of their roundup.
On September 30, Attorney General John Ashcroft announced on CNN, “We’ve arrested and detained almost 500 people since the September 11 terrorist attacks.... We seek to hold them as suspected terrorists, while their cases are being processed on other grounds.”
But early on, it was obvious that many of the people being nabbed were innocuous. Human Rights Watch reported the following cases:
“Upon arriving at the Newark, New Jersey, train ...