533US2
Unit: $U87
[10-21-02 18:35:10] PAGES PGT: OPIN
Cite as: 533 U. S. 678 (2001)
707
Kennedy, J., dissenting
guage or structure of the INA and in fact contradicts and
defeats the purpose set forth in the express terms of the
statutory text.
The Court, it is submitted, misunderstands the principle
of constitutional avoidance which it seeks to invoke. The
majority gives a brief bow to the rule that courts must
respect the intention of Congress, ante, at 696, but then
waltzes away from any analysis of the language, structure,
or purpose of the statute. Its analysis is not consistent with
our precedents explaining the limits of the constitutional
doubt rule. The rule allows courts to choose among constructions which are “fairly possible,” Crowell v. Benson, 285
U. S. 22, 62 (1932), not to “ ‘press statutory construction to
the point of disingenuous evasion even to avoid a constitutional question,’ ” Salinas v. United States, 522 U. S. 52, 60
(1997) (quoting Seminole Tribe of Fla. v. Florida, 517 U. S.
44, 57, n. 9 (1996)). Were a court to find two interpretations
of equal plausibility, it should choose the construction that
avoids confronting a constitutional question. The majority’s
reading of the statutory authorization to “detai[n] beyond
the removal period,” however, is not plausible. An interpretation which defeats the stated congressional purpose does
not suffice to invoke the constitutional doubt rule, for it is
“plainly contrary to the intent of Congress.” United States
v. X-Citement Video, Inc., 513 U. S. 64, 78 (1994). The majority announces it will reject the Government’s argument
“that the statute means what it literally says,” ante, at 689,
but then declines to offer any other acceptable textual interpretation. The majority does not demonstrate an ambiguity
in the delegation of the detention power to the Attorney
General. It simply amends the statute to impose a time
limit tied to the progress of negotiations to effect the aliens’
removal. The statute cannot be so construed. The requirement the majority reads into the law simply bears
no relation to the text; and in fact it defeats the statutory
purpose and design.