Garcia-Mir v. Meese
Encyclopedia
Garcia-Mir v. Meese, 788 F.2d 1446
(11th Cir. 1986), was a decision by the United States Court of Appeals for the Eleventh Circuit
, which ruled that the United States
could detain indefinitely Cuban
refugees who had arrived during the Mariel boatlift
.
suffered a severe downturn. 10,000 Cubans attempted to gain asylum at the Peru
vian Embassy in Havana
, leading Fidel Castro
and the Cuban government to allow anyone who wished so to leave the country via the Port of Mariel
. Unknown to the United States, many of those permitted to leave had recently been released from prisons and mental institutions. In response to the mass number of exiles entering the country, the Carter administration
and Congress
passed the Refugee Education Assistance Act (8. U.S.C. § 1522), which allowed for the resettlement of and assistance to recent Cuban immigrants, as well as incarceration and deportation for particular Cuban nationals.
U.S. Attorney General
Edwin Meese
, with the approval of President Reagan, proposed splitting the recent arrivals into two classes: one containing those previously convicted of crimes in Cuba, and another for those Cubans with no criminal records. Both classes were held at the Federal Penitentiary
in Atlanta, Georgia
.
Moises Garcia-Mir and Rafael Fernandez-Roque, upon their arrival in Florida
, were detained as possible security threats in Atlanta to await possible deportation. They brought their case to court and asserted a violation of both the due process
clause of the Fifth
and Fourteenth Amendments
, citing Attorney General Meese as having abridged their right to due process. The United States District Court for the Northern District of Georgia
agreed with their claims, whereupon the Justice Department
appealed to the Eleventh Circuit.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(11th Cir. 1986), was a decision by the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
, which ruled that the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
could detain indefinitely Cuban
Cubans
Cubans or Cuban people are the inhabitants or citizens of Cuba. Cuba is a multi-ethnic nation, home to people of different ethnic and national backgrounds...
refugees who had arrived during the Mariel boatlift
Mariel boatlift
The Mariel boatlift was a mass emigration of Cubans who departed from Cuba's Mariel Harbor for the United States between April 15 and October 31, 1980....
.
Background
In 1980, the Cuban economyEconomy of Cuba
The economy of Cuba is a largely centrally planned economy dominated by state-run enterprises overseen by the Cuban government, though there remains significant foreign investment and private enterprise in Cuba...
suffered a severe downturn. 10,000 Cubans attempted to gain asylum at the Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
vian Embassy in Havana
Havana
Havana is the capital city, province, major port, and leading commercial centre of Cuba. The city proper has a population of 2.1 million inhabitants, and it spans a total of — making it the largest city in the Caribbean region, and the most populous...
, leading Fidel Castro
Fidel Castro
Fidel Alejandro Castro Ruz is a Cuban revolutionary and politician, having held the position of Prime Minister of Cuba from 1959 to 1976, and then President from 1976 to 2008. He also served as the First Secretary of the Communist Party of Cuba from the party's foundation in 1961 until 2011...
and the Cuban government to allow anyone who wished so to leave the country via the Port of Mariel
Mariel
Mariel may refer to:* Mariel , given name.* Mariel, Cuba, a municipality and city in Cuba.* The Mariel boatlift, a 1980 exodus of Cubans to the United States.* Mariel Hemingway, actress and granddaughter of Ernest Hemingway....
. Unknown to the United States, many of those permitted to leave had recently been released from prisons and mental institutions. In response to the mass number of exiles entering the country, the Carter administration
Presidency of Jimmy Carter
Jimmy Carter served as the thirty-ninth President of the United States from 1977 to 1981. His administration sought to make the government "competent and compassionate" but, in the midst of an economic crisis produced by rising energy prices and stagflation, met with difficulty in achieving its...
and Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed the Refugee Education Assistance Act (8. U.S.C. § 1522), which allowed for the resettlement of and assistance to recent Cuban immigrants, as well as incarceration and deportation for particular Cuban nationals.
U.S. Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
Edwin Meese
Edwin Meese
Edwin "Ed" Meese, III is an attorney, law professor, and author who served in official capacities within the Ronald Reagan Gubernatorial Administration , the Reagan Presidential Transition Team , and the Reagan White House , eventually rising to hold the position of the 75th Attorney General of...
, with the approval of President Reagan, proposed splitting the recent arrivals into two classes: one containing those previously convicted of crimes in Cuba, and another for those Cubans with no criminal records. Both classes were held at the Federal Penitentiary
United States Penitentiary, Atlanta
United States Penitentiary, Atlanta is a medium-security federal prison for men in Atlanta, Georgia. It also has a detention center for pre-trial and holdover inmates and an adjacent camp for minimum security male inmates...
in Atlanta, Georgia
Atlanta, Georgia
Atlanta is the capital and most populous city in the U.S. state of Georgia. According to the 2010 census, Atlanta's population is 420,003. Atlanta is the cultural and economic center of the Atlanta metropolitan area, which is home to 5,268,860 people and is the ninth largest metropolitan area in...
.
Moises Garcia-Mir and Rafael Fernandez-Roque, upon their arrival in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, were detained as possible security threats in Atlanta to await possible deportation. They brought their case to court and asserted a violation of both the due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
clause of the Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
and Fourteenth Amendments
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, citing Attorney General Meese as having abridged their right to due process. The United States District Court for the Northern District of Georgia
United States District Court for the Northern District of Georgia
The United States District Court for the Northern District of Georgia is a United States District Court which serves the residents of forty-six counties...
agreed with their claims, whereupon the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
appealed to the Eleventh Circuit.