WASHINGTON—Several members the Senate Judiciary Committee, sent the following letter to Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano. Signing the letter were Senators John Cornyn, Chuck Grassley, Jon Kyl, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions.
The Honorable Eric Holder The Honorable Janet Napolitano
Attorney General Secretary
U.S. Department of Justice Department of Homeland
Security
950 Pennsylvania Avenue, NW Nebraska Avenue Complex
Washington, D.C. 20530 245 Murray Lane
Washington, D.C. 20528-0150
Dear Attorney General Holder and Madam Secretary:
At today’s Department of Justice oversight hearing, Senator Cornyn asked three simple, but very significant questions, about the immigration status of Khalid Sheikh Mohammed (KSM) and other detainees once they are brought to the United States for criminal trial. Specifically, what immigration status will they hold and what legal rights will flow from that status? Can KSM and other detainees file a claim for asylum or request that they not be removed based on the Convention Against Torture? What are the legal implications for filing (or precluding filing) of such claims?
As you can imagine, even if they are not ultimately eligible for relief, terrorist detainees may seek legal rights under our immigration laws or assert such rights in federal court, thereby setting a precedent that could have grave consequences for the American public. These consequences should weigh heavily in any decision President Obama and the administration make about transfer of these detainees to the United States.
Thank you and we look forward to your prompt response.
Sincerely,