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Cite as: 533 U. S. 678 (2001)
709
Kennedy, J., dissenting
is a fact of international diplomacy that governments and
their policies change; and if repatriation efforts can be revived, the Attorney General has an interest in ensuring the
alien can report so the removal process can begin again.
Congress, moreover, was well aware of the difficulties confronting aliens who are removable but who cannot be repatriated. It made special provisions allowing them to be employed, a privilege denied to other deportable aliens. See
§ 1231(a)(7) (providing an “alien [who] cannot be removed due
to the refusal of all countries designated by the alien or
under this section to receive the alien” still remains eligible
for employment in the United States). Congress’ decision
to ameliorate the condition of aliens subject to a final order
of removal who cannot be repatriated, but who need not be
detained, illustrates a balance in the statutory design. Yet
the Court renders the other side of the balance meaningless.
The risk to the community posed by a removable alien is
a function of a variety of circumstances, circumstances that
do not diminish just because the alien cannot be deported
within some foreseeable time. Those circumstances include
the seriousness of the alien’s past offenses, his or her efforts
at rehabilitation, and some indication from the alien that,
given the real prospect of detention, the alien will conform
his or her conduct. This is the purpose for the periodic review of detention status provided for by the regulations.
See 8 CFR § 241.4 (2001). The Court’s amendment of the
statute reads out of the provision the congressional decision
that dangerousness alone is a sufficient basis for detention,
see ante, at 699 (citing 1 E. Coke, Institutes *70b), and reads
out as well any meaningful structure for supervised release.
The majority is correct to observe that in United States v.
Witkovich, 353 U. S. 194 (1957), the Court “read significant
limitations into” a statute, ante, at 689, but that does not
permit us to avoid the proper reading of the enactment
now before us. In Witkovich, the Court construed former
§ 1252(d), which required an alien under a final order of de-