April 25, 2003 - David Joseph is 18 years old, a bit older than Elian Gonzales. Like Elian Gonzales he tried to come to the United States on a leaky boat. Like Elian Gonzales his boat did not make it, but unlike Elian he made it to shore under his own power. If , like Elian, he had been Cuban he would have been admitted under the “dry foot” rule. But David is not Cuban, he is Haitian. Still, David tried to do things right. He applied for asylum and asked the Immigration Judge to be released on bond while his application was processed. The judge considered David’s circumstances and ordered that he be released on bond. The Immigration and Naturalization Service appealed that ruling and David was detained until the appeal was heard. The Appeals Board held for the young man and affirmed the Immigration Judge’s order releasing him on bond. The INS then referred the matter to the Justice Department and David was held until that review was completed. Last Friday David had been in detention for six months. His application for asylum is still pending.

Last Friday Attorney General John Ashcroft acted claiming that the Patriot Act gave him the broad power to keep David in jail indefinitely for national security reasons in spite of the Immigration Judge’s order granting him bond. The Attorney General made the determination that releasing 18 year old David Joseph on bond would be a national security risk. Was David suspected of being a terrorist? No. Was he suspected of being a criminal? No. Then where was the risk to national security from this 18 year old young man?

Well, it seems that David Joseph is suspected of being Haitian. According to the opinion that Attorney General Ashcroft filed last Friday and kept under wraps for a week releasing David on bond might encourage other Haitian refugees to try to make it to the United States. “Surges in such illegal immigration by sea”, Ashcroft wrote, “injure national security by diverting valuable Coast Guard and Defense Department resources from counterterrorism and homeland security considerations.”

We say that we are a nation that is ruled by laws and not by men. We say that we a refuge for oppressed people, a beacon of liberty and freedom. In David Joseph’s case the law operated, the process of law was followed, and the law found in David’s favor. In David Joseph’s case the decision reached by the application of the Rule of Law was thrown out and ignored by the Rule of one man, Attorney General John Ashcroft. David Joseph, who followed the law and was admitted to bond remains in jail today charged with nothing more serious than being born Haitian.

We say we are trying to bring the rule of law and not of men to a new democratic Iraqi Republic. When are we going to bring it to our own?