“Appeals court blocks release of Guantanamo detainees”:

A federal appeals court temporarily blocked the release of 17 Chinese-born Muslims detained at Guantanamo Bay, Cuba , a day after a landmark decision required them to be freed to the U.S….

…”Seventeen men were told yesterday that they were going to be released after nearly seven years of wrongful detention,” said Emi MacLean , an attorney for the Center for Constitutional Rights , which coordinates the representation of detainees including the Uighurs. “Now, they have to be told that their detention will continue to be indefinite.”

The Uighurs are among a group of more than 60 men inside the prison who’ve been cleared for release by the military but who are stuck in limbo because the U.S. government can’t find a country to ship them to. The Uighurs say they can’t return to China because they’ll be tortured as political dissidents.

Urbina’s decision marked the first time a court had ordered the transfer of Guantanamo detainees to the U.S. and could have prompted the release of others who’ve been cleared by the military.

Urbina declared the continued detention of the Uighurs to be “unlawful” and said the government could no longer detain them after conceding they weren’t enemy combatants.

However, Justice Department lawyers continued to argue that the release of the group into the U.S. could pose a security risk and warned that the decision could harm international relations with China.

In court papers, Justice Department lawyers attacked Urbina’s ruling, warning in court papers of “serious harms to the government and the public at large” if the appeals court did not intervene.

The lawyers said that Urbina’s decision “directly conflicts with the basic principle” that the executive branch, specifically the Department of Homeland Security , has sole discretion as to whether to admit foreigners into the U.S. The Justice Department also raised security concerns about releasing men they say were captured at a weapons training camp run by the Taliban in Afghanistan.

The Uighurs attorneys disputed that characterization, saying the men merely were living in a small village in Afghanistan where they’d kept one weapon, but lacked ammunition.

Show of hands — who do you believe?

Maybe I’m cynical.

I posted about the plight of Chinese Uighurs detained in Guantanamo over three years ago. As the Washington Post reported at that time:

In late 2003, the Pentagon quietly decided that 15 Chinese Muslims detained at the military prison in Guantanamo Bay, Cuba, could be released. Five were people who were in the wrong place at the wrong time, some of them picked up by Pakistani bounty hunters for U.S. payoffs. The other 10 were deemed low-risk detainees whose enemy was China’s communist government — not the United States, according to senior U.S. officials.

More than 20 months later, the 15 still languish at Guantanamo Bay, imprisoned and sometimes shackled, with most of their families unaware whether they are even alive.

Now, after nearly seven years in detention, a US judge has ruled that the Uighurs must be released into the US, agreeing with their attorneys that holding the men without cause is unconstitutional:

At a hearing packed with Uighurs who live in the Washington area, Urbina rejected government arguments that he had no authority to order the men’s release. He said he had such authority because the men were being held indefinitely and it was the only remedy available. He cited a June decision by an appellate court that found evidence against the Uighurs to be unreliable.

Urbina said in court that he ordered the release “because the Constitution prohibits indefinite detention without cause.” He added, “The separation of powers do not trump” the prohibition against holding people indefinitely without trial…

…Justice Department lawyer John O’Quinn asked Urbina to stay the order for a week, giving the government time to evaluate its options and file an appeal. Urbina rejected that request and ordered the Uighurs to appear in his courtroom for a hearing on Friday. He said he would then release them into the custody of 17 Uighur families living in the Washington area.

Apparently the government plans to appeal, but Urbina seems firm in his determination that these men have gotten a raw deal and that they will be released from custody, period (he didn’t take kindly to the proposal that US Immigration authorities might re-detain the Uighurs either). Good for him.

I’ll go further: the United States of America should pay these men an annual stipend equivalent to a decent income for a period of time allowing them to adjust to their new lives here. I’d say for about seven years, at the very least.