Since the Sept. 11, 2001 attacks,
millions of words have been written about the "terrorists in our midst"
and what law enforcement agencies are doing to fight it. However, few
questioned whether an overzealous American government was compromising
American civil liberties.
In the days and weeks following Sept.
11, the FBI rounded up and imprisoned thousands of immigrants and visitors
to the United States.
Now, in a new report titled "Worlds Apart," the American Civil Liberties Union (ACLU) has documented what
happened to 13 of these "other victims" of the Sept. 11 attacks, and to
their families.
The story of how the U.S. government
responded to Sept. 11 remains relatively little known. The short version,
from the ACLU report, is that the United States: "incarcerated petitioners
in degrading and inhumane conditions. Although the immigrants generally
were detained on non-criminal immigration charges, many were kept in cells
for 23 hours a day and were made to wear hand and leg shackles when
leaving their cells.
"Some were kept in solitary confinement
for extended periods with no explanation. Lights were left on 24 hours a
day, immigrants were denied the use of blankets, and many were denied
telephone calls and visits with family members."
For many, says the ACLU, "the nightmare
began with their arrest. FBI and immigration officials dragged some people
out of their houses in the middle of the night in front of frightened
wives and children. Others were picked up for being in the wrong place
[like the man] arrested by agents who had come looking for his roommate
but took him instead. Still others were arrested after routine traffic
stops. For many, it would be days before they could contact their families
with their whereabouts and weeks before they could access legal help. The
government refused to release the names of people it had detained. Behind
bars, many suffered from harassment and even physical abuse."
None of the thousands of people
detained by what was then still the Immigration and Naturalization Service
were found guilty of any terrorism-related offenses or connected in any
way with the Sept. 11 attacks. The ACLU added: "Yet the Justice Department
website still boasts that hundreds of immigrants 'linked to the Sept. 11
investigation have been deported'."
The report charges that "the
government's unlawful policies had profound effects not only on the people
who were unlawfully imprisoned but also on their families and communities.
Families were torn apart. Communities were shattered." And the stories
told in this report are just a small sample. There are hundreds of similar
ones that haven't been recounted.
The stories of the 13 deportees vary
widely, as they all come from different backgrounds. However, the report
also observed that "the stories of these men are similar in important
ways.
"All came to the United States seeking
a better life for themselves and their families. All were Muslim, from
South Asia or the Middle East. After Sept.
11, all were caught in a government
dragnet that swept up hundreds of Muslims indiscriminately.
"And all were denied basic rights
normally afforded to those detained in the United States and other
democratic countries." Many were "deported to countries where they haven't
lived in years, and where unemployment rates are high and salaries are
low."
The ACLU report concluded: "In the
weeks and months after Sept. 11, the people whose stories are told in this
report did not count. The United States government arrested them without
suspicion, imprisoned them without charge, and abused them without
consequence. All of this took place in secret. To this day, the government
still refuses to release the names of the people who were imprisoned."
The architect of this Bush
administration policy of mass deportations, Attorney General John
Ashcroft, is on his way out. In his recent farewell speech, he
congratulated Justice Department staffers for safeguarding American civil
liberties. But Ashcroft's abysmal record shows a different picture. More
worrying is that the man nominated to be his successor is White House
Counsel Alberto Gonzales. He is the author of the now infamous memo
justifying torture of prisoners of war and calling the Geneva Conventions
"quaint" and obsolete. It is unlikely that Gonzales will be paying much
attention to due process where immigrants and foreign visitors are
concerned.
After Sept. 11, the U.S. government
acted out of perhaps understandable fear. It enacted legislation that
placed traditional civil liberties protections on the backburner. Security
was - and remains - paramount. As in other periods of crisis in America,
the government went too far. While the U.S. constitution has always
managed to get the pendulum to swing back, this time may be more
difficult. America has never before confronted an open-ended threat from
Islamist terrorists, which has made the government especially willing to
continue favoring security over civil liberties.
The restoration of that balance will
require proactive public policies that, among other things, recognize that
it was immigrants who built America, and that civil liberties have always
belonged to citizens and non-citizens alike.
Sadly, this is unlikely to happen on
George W. Bush's watch.
William Fisher managed economic development programs in the Middle East for the U.S.
State Department and the U.S. Agency for International Development.
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