A Federal appeals court ruled Monday that the President cannot detain a legal resident of the USA without due process (decision). Ali al-Marri, a citizen of Qatar legally in the USA on a student visa, was originally detained by FBI in Peoria, Illinois and charged with financial crimes. Before his trial, he was transferred to military custody and detained indefinitely on the President's assertion that he is an enemy combatant. The case is likely to go to the Supreme Court, where a decision in support of the Bush administration would severely hamper America's role as a teacher of freedom.
I first noticed this case because Glen Greenwald (at Salon.com) marveled that anyone could oppose this decision, claiming that Bush's actions were clearly unconstitutional, and that an endorsement of Bush's actions are quite simply an endorsement of martial law and tyranny. One may be tempted to think that the Presidential prerogative for indefinite detention would only apply to non-citizens, but apparently that view is inconsistent with both judicial precedent and the legal theory of the Bush administration.
Even if only non-citizens were subject to unchecked Presidential detentions, a ratification of the Bush administration's actions would a severe blow to freedom in our country and around the world. In effect, it would mean that any foreigner would forfeit all rights upon stepping foot in our country. I expect that student visa applications would plummet.
Even if an international student did brave the risk of coming to America, they would still lose one of the most valuable lessons from studying in America--learning what freedom feels like. Many international students come from countries where the people are still scared to criticize their rulers even if freedom of speech is officially respected. When they study in America, not only do they see Americans vigorously criticizing the American government, but they may even level their own critiques without fear of prosecution. If Bush is allowed to have his way in the al-Marri case, the cause of freedom will have suffered a great setback.