In a stinging defeat for the Bush administration, a federal judge has ordered the release of 17 detainees from Guantanamo Bay, Cuba.
Judge Ricardo M. Urbina of Federal District Court said the men, members of the Uighur Muslim minority of western China, had never fought the United States and were not a security threat.
The ruling set the stage for a confrontation between the courts and the administration. Justice department officials said immigration or Homeland Security officials could detain the men if they are released, arguing that only the executive branch, not the courts, had authority on immigration issues.
“I think the moment has arrived for the court to shine the light of constitutionality on the reasons for detention,” Judge Urbina said, sharply rejecting Bush administration claims that he lacked the power to set the men free.
