On February 12, 2010, WLF filed a brief in the U.S. Supreme Court, urging it to uphold an appeals court decision rejecting claims by seven Guantanamo Bay detainees that they are entitled to be released into the U.S. WLF argued that nonresident aliens (such as the individuals being detained at Guantanamo) do not possess a substantive due process right to release into the United States – even though the military no longer deems the seven detainees to be “enemy combatants” and even though they cannot return to China because they likely would face persecution there. WLF warned that any judicial recognition of the constitutional rights being asserted by the seven detainees could endanger national security. WLF argued that when the elected branches of government decide that allowing certain aliens to enter the country would not be in the national interest, the Courts have no authority to second-guess that determination. WLF filed its brief on behalf of six retired generals and admirals.
