Judge: Let Chinese Muslims in Gitmo into U.S.

Scope of power
On Tuesday, the Bush administration argued a federal judge did not have the power to order the release of a foreign-born detainee into the U.S., saying it would undercut immigration laws that dictate how foreigners are brought into the country. Until a country accepts the Uighurs, they would stay in special housing that includes TVs, air-conditioning and recreational activities such as soccer, tennis and volleyball, government attorneys said.

Justice Department attorney John C. O'Quinn also said federal judges should defer to the executive branch, who he said would be in a better position in light of the delicate relations with China. In Beijing Tuesday, before Urbina's ruling, the government demanded that all Uighurs held at Guantanamo be repatriated to China.

"The court should be circumspect because of the potential for interference with foreign relations," O'Quinn said.

Sabin Willett, an attorney for the Uighurs, countered: "I've never heard anyone argue our relations with other nations are a basis for holding someone."

The Uighurs have been at Guantanamo Bay, a naval prison in Cuba, since the U.S. military took custody of them in Pakistan and Afghanistan in 2001.

'People's win'
Chinese Foreign Ministry spokesman Qin Gang said before Tuesday's court hearing that the Uighurs are suspected of being members of the East Turkestan Islamic Movement, which the United States lists as a terrorist organization.

"China has urged the U.S. to repatriate these Chinese terrorist suspects to China on many occasions. We hope the U.S. will take our position seriously and repatriate these persons to China sooner rather than later," he said.

A spokesman at the Chinese Embassy in Washington did not immediately respond to a request for comment about Urbina's order.

Uighurs are from Xinjiang — an isolated region that borders Afghanistan, Pakistan and six Central Asian nations — and say they have been repressed by the Chinese government. China has long said that insurgents are leading an Islamic separatist movement in Xinjiang.

Rebia Kadeer, president of the World Uighur Congress, called the decision a victory for oppressed Uighurs in China.

"This is our destiny. This our people's win. This concerns our freedom. China accuses us of being terrorists, but we are not," she said through a translator as other Uighurs in the courtroom cried for joy.

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