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combat." The court ordered Padilla released from military prison within 30 days,
whereupon the government could choose to try him in civilian court.22 The appeals court
agreed to stay the release order pending a Supreme Court challenge.
After a series of procedural appeals that bounced Padilla's case through the federal court
system for nearly two years, in September 2005 a three-judge panel of the U.S. 4th Circuit
Court of Appeals in Richmond, Virginia, ruled that President Bush did indeed have the
authority to detain Padilla without charges, holding that such detention during wartime is
vital to national security.23 The federal government moved Padilla to civilian custody and
indicted him in November 2005 on charges of conspiracy, but not terrorism-related
offenses. The move effectively averted a Supreme Court review of the Richmond court's
judgment. On April 2, 2006, the Supreme Court formally declined Padilla's appeal, which
had dealt with his military confinement, but Chief Justice John G. Roberts Jr. noted that the
court would monitor the civilian trial to ensure that he received the protections
"guaranteed to all federal criminal defendants."
Padilla alleges that he was tortured while in detention, and his lawyers have asked to
present evidence of this to his jury. In November 2006, the Justice Department filed a
petition to block them from doing so. Padilla's lawyers have also asked the judge in his
case to dismiss the charges against him due to the severity of the abuse they say he
suffered in detention. These efforts have been rejected by the courts, and in August 2007
he was convicted by a federal jury on conspiracy charges. Sentencing was scheduled to
take place in December 2007.

Immigration

Because many of the 9/11 terrorists entered America legally, the government has since
sought to tighten control of the nation's borders. The PATRIOT Act and other laws have
provided funding to this end, and in March 2003, immigration fell under the jurisdiction of
the new Homeland Security Department.
In addition, federal immigration authorities have been granted new power to detain illegal
immigrants who cannot be returned to their countries of origin. Any who enter the United
States illegally or commit crimes on U.S. soil, but who are stateless or whose home
countries will not take them back, can be detained indefinitely. More than 3,000 people
are now being held indefinitely by the immigration service.
Title IV of the PATRIOT Act requires the attorney general to monitor the activity of
foreigners who enter the United States on student visas, as some experts have noted that
student visas could easily be exploited by potential terrorists. Hani Hanjour, a 9/11
hijacker, had used a student visa to enter the country. However, increased scrutiny of visa
applicants has created a hardship for many foreign students enrolled in American
universities, especially those from "high-risk" nations.24
The immigration provisions of the PATRIOT Act have also affected some refugees seeking
asylum from countries associated with terrorism. Under current law, asylum-seeking
immigrants may be detained or deported if they have ever provided "material support" to
terrorist organizations. However, the law makes no distinction between voluntary and
coerced support. Some refugees seeking asylum in the United States--including those from

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