November, 03 2009, 12:35pm EDT
Five New York Men Detained and Abused in Post-9/11 Immigration Sweeps Settle Case for $1.26 Million
NEW YORK
Today, the Center for Constitutional Rights (CCR) announced
that five men who had been living in New York and were ultimately
deported won a $1.26 million settlement from the United States
government in a case challenging post-9/11 racial profiling, illegal
detention and abuse of Muslim, Arab and South Asian men.
Yasser Ebrahim, one of the men held at the
Metropolitan Detention Center (MDC) in Brooklyn, NY after the post-9/11
sweeps and now living in Egypt, said: "We were deprived of our rights
and abused simply because of our religion and the color of our skin.
After seven long years, I am relieved to be able to try to rebuild my
life. I know that I and others are still affected by what happened and
that communities in the U.S. continue to feel the fallout. I sincerely
hope this will never happen again."
CCR's class action, Turkmen v. Ashcroft, was filed in
September 2002 to challenge the arbitrary detention and mistreatment of
immigration detainees by prison guards and high level Bush
administration officials in the wake of 9/11. With no evidence of any
connection to terrorism, hundreds of Muslim, Arab and South Asian men
were rounded up on the basis of racial and religious profiling and
subjected to unlawful detention and abuse.
Among other documented abuses, many of the men had their faces smashed
into a wall where guards had pinned a t-shirt with a picture of an
American flag and the words, "These colors don't run." The men were
pushed against the t-shirt upon their entrance to MDC and told "welcome
to America." The t-shirt was smeared with blood, yet it stayed up on
the wall at MDC for months.
All of the men were eventually deported, though several of the
plaintiffs returned to New York under strict conditions to participate
in depositions for their case against the government in early 2006.
"As with the Japanese internment, history will not look kindly upon the Ashcroft raids," said CCR Attorney Rachel Meeropol.
"This is just the first step, though. To ensure that this never happens
again, the former Attorney General and his cronies-the architects of
this policy-must also be held accountable."
Michael Winger, co-counsel at Covington & Burling, LLP,
said: "We applaud our clients for being willing to fight seven long
years to gain some compensation for the injustice of their treatment.
We hope the government will take the hint, and not repeat this outrage."
The suit named as defendants then-Attorney General John Ashcroft, FBI
Director Robert Mueller, former INS Commissioner James Ziglar and
officials at the Metropolitan Detention Center in Brooklyn, where the
plaintiffs were held.
The plaintiffs who settled are Yasser Ebrahim and Hany Ibrahim, brothers, and Ashraf Ibrahim, no relation, all currently living in Egypt; Asif-Ur-Rehman Saffi, a native of Pakistan currently residing in France, where he is a citizen, with his wife and three children; and Shakir Baloch, a former physician from Pakistan residing with his wife and 15-year-old daughter in Toronto.
To continue the fight to hold these officials accountable, CCR
attorneys have asked the judge in the case to allow them to file a new
complaint on behalf of five new MDC plaintiffs. The new version of the
case would also be a class action, and would include a substantial
number of detailed allegations tying Ashcroft, Mueller and Ziglar to
the illegal round-ups and abuse based on information CCR has gathered
through years of litigating Turkmen. CCR attorneys asked that the
remaining two original named plaintiffs in the case who were held at
Passaic County Jail rather than the MDC have their claims remanded with
the new plaintiffs' to the District Court. They are Ibrahim Turkmen and
Akhil Sachdeva.
The new plaintiffs include two Pakistani men, Ahmer Iqbal Abbasi and Anser Mehmood; two men from Egypt, Ahmed Khalifa and Saeed Hammouda; and Benamar Benatta,
an Algerian who has sought and received refugee status in Canada.
Despite the fact that the government never charged any of them with a
terrorism-related offense, the INS kept them in detention for up to
eight months, long past the resolution of their immigration cases. CCR
attorneys say that the government deliberately avoided the requirements
of the Fourth Amendment and tried to avoid judicial oversight by
placing the men in immigration rather than criminal detention when the
sole purpose of the round-ups was to investigate so-called terrorist
threats and should have proceeded under criminal law.
Indeed, Mr. Benatta succeeded in having a criminal charge for
possession of false immigration documents thrown out of court when the
federal judge in his case ruled that his immigration detention was a
"subterfuge" and "sham" created to hide the reality that, because
Benatta was an "Algerian citizen and a member of the Algerian Air
Force, [he] was spirited off to the MDC Brooklyn...and held in the
[Administrative Maximum Special Housing Unit] as 'high security' for
the purposes of providing an expeditious means of having [him]
interrogated by special agents of the FBI."
The suit further charges that some of these detainees were improperly
assigned to the Administrative Maximum Special Housing Unit (ADMAX
SHU); kept in solitary confinement with the lights on 24 hours a day;
placed under a communications blackout so that they could not seek the
assistance of their attorneys, families and friends; subjected to
physical and verbal abuse; forced to endure inhumane conditions of
confinement; and obstructed in their efforts to practice their
religion. One of the new plaintiffs, Saeed Hammouda, was forced to
endure eight months of this abuse before he was cleared of any
connection to terrorism and deported.
Some of the abuse included beatings, repeated strip searches and sleep
deprivation. The allegations of inhumane and degrading treatment have
been substantiated by two reports of the Justice Department's Office of
the Inspector General, and several defendants in the case have recently
been convicted on federal charges of beatings and cover-ups of other
prisoners around the same time period.
For more information on Turkmen v. Ashcroft, click here.
The Center for Constitutional Rights represents other victims of the
Bush administration's unlawful practices, from Canadian rendition
victim Maher Arar, to Iraqis tortured and abused at Abu Ghraib prison,
to both current and former Guantanamo detainees. For more information
on CCR's work on illegal detention, torture and abuse at Guantanamo
Bay, visit our website at www.ccrjustice.org.
The Center for Constitutional Rights is dedicated to advancing and protecting the rights guaranteed by the United States Constitution and the Universal Declaration of Human Rights. CCR is committed to the creative use of law as a positive force for social change.
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Cutting Off Lifeline for Starving Gazans, Israel Seizes Control of Rafah Crossing
"This has devastating impacts for the people of Gaza who are already on the verge of famine," said the UNRWA's director of planning.
May 07, 2024
With tanks and ground forces, the Israeli military seized control of the Gaza side of Rafah's border crossing with Egypt on Tuesday, cutting off a critical humanitarian aid route as much of the enclave's population faces imminent famine.
Israel's takeover of the Rafah crossing came hours after the country's military ordered more than 100,000 people in the southern Gaza city to evacuate ahead of a ground assault, which is moving forward after the right-wing Israeli government rejected a cease-fire proposal accepted by Hamas. Cease-fire negotiations mediated by Egypt and Qatar are expected to continue in the coming days.
Video footage posted to social media shows an Israeli tank running over a Gaza sign as Israeli forces took control of the Rafah crossing on Tuesday.
Israeli tank bulldozers Gaza sign as Israeli army captures Rafah crossing this morning.
pic.twitter.com/JNnAXKeW9h
— Ragıp Soylu (@ragipsoylu) May 7, 2024
Reporting from Rafah, Al Jazeera's Hani Mahmoud said the Israeli military is "cutting off the only lifeline right now to the people in Gaza, particularly for the 1.5 million displaced Palestinians here in Rafah."
The Rafah crossing is closed, cutting off the life line for 1.5m people crammed into this tiny piece of land right at the southern end of the Gaza strip.
Hani Mahmoud reporting from Rafah. pic.twitter.com/kPeImrntDj
— Saul Staniforth (@SaulStaniforth) May 7, 2024
Two key humanitarian aid routes—the Rafah and Kerem Shalom crossings—have been shut down for days as the Israeli military plows ahead with its Rafah assault in the face of international outrage. More than 600,000 children are currently living in Rafah, and aid organizations say Israel has no credible plan to protect them.
Overnight, Israel launched deadly airstrikes in Rafah, describing its military operation in the overcrowded city as "very precise." One resident
toldReuters that the Israeli strikes killed his wife and children.
Jens Laerke, a spokesperson for the United Nations Office for the Coordination of Humanitarian Affairs, toldThe Associated Press that Israeli authorities have denied the agency access to the Rafah crossing.
A lasting shutdown of the route, Laerke warned, "will plunge this crisis into unprecedented levels of need, including the very real possibility of a famine." He added that Israel's military is "ignoring all warnings about what this could mean for civilians and for the humanitarian operation across the Gaza Strip."
Speaking to Al Jazeera on Tuesday, the director of planning at the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)—the most important aid organization operating in Gaza—said the closure of the Rafah crossing is having "catastrophic impacts on everyone in Gaza."
"Since October, this has been the main entry point of goods coming into Gaza," said Sam Rose. "There has only been a trickle of goods coming in, and since Sunday the crossing has been closed completely. And this has devastating impacts for the people of Gaza who are already on the verge of famine."
"No aid coming in means no aid distributed after a couple of days," Rose continued. "And equally importantly, Rafah and Kerem Shalom are the only entry points for fuel in Gaza, so without the fuel there's no ability for trucks to move around, there's no ability for desalination plants to operate and provide safe water, there's no electricity. It cuts off everything. Rafah and Kerem Shalom—they're the lifeblood for the small amount of goods that have been coming into Gaza since October, so absolutely devastating."
"Absolutely devastating"
This morning the IDF have seized the Palestinian side of the Rafah crossing, and Sam Rose from UNRWA explains what it means now that the crossing is closed. pic.twitter.com/iC1w8AWnt5
— Saul Staniforth (@SaulStaniforth) May 7, 2024
Laerke of the U.N. humanitarian affairs office said that cutting off the supply of fuel to Gaza for an extended period of time "would be a very effective way of putting the humanitarian operation in its grave."
Volker Türk, the U.N. high commissioner for human rights, said in a statement that "more attacks on what is now the primary humanitarian hub in the Gaza strip are not the answer."
"First and foremost, there must be a cease-fire. Humanitarian aid must be allowed to flow freely and at scale. And the hostages and those arbitrarily detained must be released at once," said Türk. "Those that elect to flout international humanitarian law and international human rights law must be held to account."
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Trustee Reports Show Medicare, Social Security Must Be Defended From Trump
"The future of these earned benefit programs depends on who is elected this fall—both as president and to Congress," said one campaigner.
May 06, 2024
Advocacy groups, congressional Democrats, and U.S. President Joe Biden's reelection campaign on Monday pointed to new government reports on Medicare and Social Security as proof that the key programs must be protected from Republican attacks.
The annual trustee reports show that Social Security is projected to be fully funded until 2035, a year later than previously thought, while Medicare is expected to be fully funded until 2036, five years beyond the earlier projection.
Former President Donald Trump, the presumptive Republican nominee to face Biden in November, "proposed cutting Social Security and Medicare every year he was in office, he's said repeatedly he would cut them, his allies openly plan to target them, and just this weekend he dismissed them as bribes," noted James Singer, a spokesperson for the Democrat's campaign.
"Let's be clear, Donald Trump will steal the hard-earned Social Security and Medicare benefits Americans have been paying into their entire lives and he'll use it to fund tax cuts for rich people like him," Singer warned. "President Biden keeps his promises. He has and will continue to protect Social Security and Medicare from MAGA Republican efforts to cut them—Donald Trump won't."
"No doubt we will hear cries from so-called 'fiscal conservatives' that Social Security is going 'bankrupt,' supposedly requiring Draconian measures—which couldn't be further than the truth."
Richard Fiesta, executive director of the Alliance for Retired Americans, said Monday that "current and future American retirees should feel confident about both Medicare and Social Security, which [are] stronger due to the robust economy under President Biden. But the future of these earned benefit programs depends on who is elected this fall—both as president and to Congress."
Fiesta highlighted that Biden's latest budget "calls for strengthening" the programs whereas Trump recently said that "there is a lot you can do... in terms of cutting" them and "the Republican Study Committee (RSC), which includes around 80% of House Republicans, stands ready to make cuts as well."
Nancy Altman, president of Social Security Works, similarly declared that "today's report shows that our Social Security system is benefiting from the Biden economy. Due to robust job growth, low unemployment, and rising wages, more people than ever are contributing to Social Security and earning its needed protections."
"That said, Congress should take action sooner rather than later to ensure that Social Security can pay full benefits for generations to come, along with expanding Social Security's modest benefits," she argued, noting various plans from Democrats in Congress that "are paid for by requiring millionaires and billionaires to contribute more of their fair share."
Unlike Democratic leaders in Washington, D.C., "Republicans want to cut benefits despite overwhelming opposition from the American people," Altman said of federal lawmakers and the former president. Additionally, "Trump plans to sharply restrict immigration. This would harm Social Security by reducing the number of workers paying in."
"The United States is the wealthiest nation on Earth at the wealthiest moment in our history. We can use that wealth to protect and expand Social Security, or to provide yet more tax handouts to billionaires," she concluded. "This report is a reminder that the next decade is a crucial one for Social Security's future. Americans should vote accordingly this November."
Max Richtman, president and CEO of the National Committee to Preserve Social Security & Medicare, also asserted that "Congress must act NOW to strengthen Social Security for the 67 million Americans who depend on it. We cannot afford to wait to take action until the trust fund is mere months from insolvency, as Congress did in 1983."
According to Richtman:
No doubt we will hear cries from so-called 'fiscal conservatives' that Social Security is going 'bankrupt,' supposedly requiring Draconian measures—which couldn't be further than the truth. Revenue always will flow into Social Security from workers' payroll contributions, so the program will never be 'broke.' But no one wants seniors to suffer an automatic 17% benefit cut in 2035, so Congress must act deliberately, but not recklessly. A bad deal driven by cuts to earned benefits could be worse than no deal at all.
We strongly support revenue-side solutions that would bring more money into the trust fund by demanding that the wealthy pay their fair share. Rep. John Larson (D-Conn.) has offered legislation that would do just that—by maintaining the current payroll wage cap (currently set at $168,600), but subjecting wages $400,000 and above to payroll taxes, as well—and dedicating some of high earners' investment income to Social Security. Rep. Larson's bill also would provide seniors with a much-needed benefit boost.
Larson was among the lawmakers who responded to Monday's Social Security report by demanding urgent action. The Democrat also called out his Republican colleagues for pushing cuts and trying to "ram their dangerous plan through an undemocratic and unaccountable so-called 'fiscal commission,'" which critics have dubbed a "death panel."
"The Social Security 2100 Act is co-sponsored by nearly 200 House Democrats and would improve benefits across the board while extending solvency until 2066, while Donald Trump and House Republicans continue their calls to slash Americans' hard-earned benefits!" Larson said. "By contrast, President Joe Biden and Democrats are working to strengthen Social Security, not cut it."
Co-sponsors of Larson's bill include Congressman Brendan Boyle (D-Pa.), ranking member of the House Budget Committee.
"Social Security is the greatest anti-poverty program in history, and ensuring its solvency for future generations has been one of my top priorities in Congress," Boyle said Monday, promoting the Medicare and Social Security Fair Share Act, his bill with Sen. Sheldon Whitehouse (D-R.I.). "Unfortunately, while Democrats and President Biden want to protect Social Security and Medicare, Republicans have made clear they want to tear them down."
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'War Criminals': IDF Strikes Rafah After Hamas Agrees to Cease-Fire
"Why?" asked Israeli lawmaker Ofer Cassif. "Because killing Palestinians is more important for the Israeli government than saving Israelis."
May 06, 2024
Israel on Monday launched long-awaited strikes on Rafah in the southern Gaza Strip despite Hamas publicly confirming it agreed to a cease-fire and hostage release proposal from Egyptian and Qatari mediators.
The Israel Defense Forces said on social media that "the IDF is currently conducting targeted strikes against Hamas terror targets in eastern Rafah," the city to which over a million Palestinians have fled since October 7, when Israel launched a retaliatory war that has already killed at least 34,735 people in Gaza and wounded another 78,108.
Earlier Monday, the IDF had dropped leaflets directing residents and refugees in that part of Rafah to relocate to a strip along Gaza's coast, ignoring warnings from the international community and humanitarian groups that a full-scale Israeli attack on the crowded city would further endanger civilians and relief efforts.
"It is obvious Netanyahu wants this genocidal war to continue indefinitely so that he can remain in power."
In addition to sparking outrage around the world, the Israeli government's Rafah attack and rejection of the Hamas-backed proposal was met with criticism from people across Israel. The Associated Pressreported that "thousands of Israelis rallied around the country Monday night calling for an immediate deal to release the hostages still held in the Gaza Strip."
Ofer Cassif, a member of the Knesset who was almost expelled by fellow Israeli lawmakers earlier this year for backing South Africa's ongoing genocide case against Israel at the International Court of Justice (ICJ), again called out his own government.
"Israeli tanks and infantry enter east Rafah while planes bomb from above, just hours after Hamas' decision to accept the hostages/prisoners exchange deal," Cassif said Monday. "Why? Because killing Palestinians is more important for the Israeli government than saving Israelis. War criminals!"
The office of Israeli Prime Minister Benjamin Netanyahu said Monday that "the War Cabinet unanimously decided this evening Israel will continue its operation in Rafah, in order to apply military pressure on Hamas so as to advance the release of our hostages and achieve the other objectives of the war."
Along with the prime minister, Israel's War Cabinet includes Defense Minister Yoav Gallant and Benny Gantz, former IDF chief of the general staff, along with three observers.
Netanyahu added that "while the Hamas proposal is far from meeting Israel's core demands, Israel will dispatch a ranking delegation to Egypt in an effort to maximize the possibility of reaching an agreement on terms acceptable to Israel."
Reutersreported that "an Israeli official said the deal was not acceptable to Israel because terms had been 'softened.'"
According to the news outlet, the first part of a three-phase plan that Hamas—which has controlled Gaza for nearly two decades—agreed to includes a 42-day pause in fighting, the release of 33 hostages held by the group and some Palestinians in Israeli jails, a partial IDF withdrawal, and free movement in the besieged enclave.
Phase two would be "another 42-day period that features an agreement to restore a 'sustainable calm' to Gaza, language that an official briefed on the talks said Hamas and Israel had agreed in order to take discussion of a 'permanent cease-fire' off the table," Reuters detailed. This phase also includes withdrawing most Israeli troops and Hamas releasing some soldiers and reservists.
The third phase would involve the exchange of bodies; reconstruction of Gaza overseen by Egypt, Qatar, and the United Nations; and ending the complete blockade on the strip, the outlet added.
Shortly before Israel's Monday night strikes on Rafah began, Stéphane Dujarric, a spokesperson for United Nations Secretary-General António Guterres, said that the U.N. chief "reiterates his pressing call to both the government of Israel and the leadership of Hamas to go the extra mile needed to make an agreement come true and stop the present suffering."
Expressing concern about the then-imminent Israeli operation in Rafah, the spokesperson said that "we are already seeing movements of people—many of these people are in desperate humanitarian condition and have been repeatedly displaced. They search safety that has been so many times denied. The secretary-general reminds the parties that the protection of civilians is paramount in international humanitarian law."
Other U.N. officials have been warning of what an assault on Rafah will mean for the over 1.4 million Palestinians there, among them 600,000 children. So have humanitarian and political leaders, including U.S. Sen. Bernie Sanders (I-Vt.)—who on Monday urged President Joe Biden to stand by his earlier position that attacking the city was a "red line" and "end all offensive military aid to Israel."
Council on American-Islamic Relations national executive director Nihad Awad issued a similar call Monday evening, warning that "the Israeli government is hellbent on using American financial, military, and diplomatic support to ethnically cleanse what remains of Gaza and commit another massacre."
"President Biden must stand up to Benjamin Netanyahu and take concrete action to end the genocide now," Awad continued, nodding to the Israeli leader's legal trouble. The prime minister faces not only potential consequences on a global scale for what the ICJ has deemed a "plausibly" genocidal war on Gaza but also a corruption trial in his own country.
"It is obvious Netanyahu wants this genocidal war to continue indefinitely so that he can remain in power, avoid jail, and fulfill his racist, far-right Cabinet's demands for the complete destruction of Gaza and the massacre of its people," Awad said. "It is long past time for President Biden to end our nation's complicity in this 21st-century genocide."
Biden spoke with Netanyahu by phone ahead of the IDF strikes on Monday and "reiterated his clear position on Rafah," according to a White House readout. They also discussed the hostage negotiations, humanitarian aid, the Holocaust, and antisemitism.
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, also suggested that the Israeli prime minister wants the bloodshed in Gaza to continue for personal reasons.
"Netanyahu does not want an end to the war because the moment the war ends, his political career ends as well. And his prison sentence will commence," said Parsi. "Yet, Biden has for seven months deferred to Netanyahu."
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