A federal courtroom in Rochester this week will be the battleground for a constitutional tug-of-war as authorities try to keep jailed a man once imprisoned for terrorism crimes and who is now facing deportation, reports the Rochester Democrat & Chronicle. The hearing will test the powers of a rarely used federal Patriot Act regulation crafted in the aftermath of 9/11. Adham Amin Hassoun, a Lebanese-born Palestinian, has served his prison term and is now detained at a Buffalo federal detention facility. Hassoun, 58, is awaiting deportation, but so far, no country will have him. Hassoun and his lawyers, including the American Civil Liberties Union, contend that he cannot be held by immigration officials indefinitely, and he must be released.
“Mr. Hassoun is the first person detained under a portion of the Patriot Act that gives the government the unilateral authority to lock people up for life on national security grounds, without criminal charge or trial, just based on its own say-so,” said Jonathan Manes, one of Hassoun’s attorneys with the Chicago-based MacArthur Justice Center. “This case shows just how dangerous and unconstitutional it is to give the government that power.” U.S. District Court Frank Geraci Jr. has ordered Hassoun’s release, but federal officials invoked the immigration regulation. The claims that Hassoun is still a threat will be aired before U.S. District Judge Elizabeth Wolford. In court papers, federal prosecutors highlight Hassoun’s past crimes, and say he is likely to resume terrorist activities if released.