November, 03 2009, 12:35pm EDT
![Center for Constitutional Rights (CCR)](https://assets.rbl.ms/32012668/origin.png)
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.
(212) 614-6464LATEST NEWS
'Tragic Outcome' for Gig Workers as California Supreme Court Hands Win to Uber, DoorDash
"Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers," the case plaintiff said.
Jul 25, 2024
Labor advocates on Thursday decried a ruling by the California Supreme Court upholding a lower court's affirmation of a state ballot measure allowing app-based ride and delivery companies to classify their drivers as independent contractors, limiting their worker rights.
The court's seven justices ruled unanimously in Castellanos v. State of California that Proposition 22, which was approved by 58% of California voters in 2020, complies with the state constitution. Prop 22—which was overturned in 2021 by an Alameda County Superior Court judge in 2021—was upheld in March 2023 by the state's 1st District Court of Appeals.
The business models of app-based companies including DoorDash, Instacart, Lyft, and Uber rely upon minimizing frontline worker compensation by categorizing drivers as independent contractors instead of employees. Independent contractors are not entitled to unemployment insurance, health insurance, or compensation for business expenses.
There are approximately 1.4 million app-based gig workers in California, according to industry estimates.
While DoorDash hailed Thursday's ruling as "not only a victory for Dashers, but also for democracy itself," gig worker advocates condemned the decision.
"Over the last three years, gig workers across California have experienced firsthand that Prop 22 is nothing more than a bait-and-switch meant to enrich global corporations at the expense of the Black, brown, and immigrant workers who power their earnings," plaintiff Hector Castellanos, who drives for Uber and Lyft, said in a statement.
"Prop 22 has allowed gig companies like Uber, Lyft, and DoorDash to deprive us of a living wage, access to workers compensation, paid sick leave, and meaningful healthcare coverage," Castellanos added. "Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers."
Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, said that "we are deeply disappointed that the state Supreme Court has allowed tech corporations to buy their way out of basic labor laws despite Proposition 22's inconsistencies with our state constitution."
"These companies have upended our social contract, forcing workers and the public to take on the inherent risk created by this work, while they profit," she continued. "A.B. 5 granted virtually all California workers the right to be paid for all hours worked, health and safety standards, unemployment insurance, workers compensation, and the right to organize."
"Rideshare and delivery drivers deserve those rights as well," Gonzalez stressed.
The Gig Workers Rising campaign said on social media that "Uber and other app corporations spent $220 million to buy this law, and they did it by tricking Californians."
Prop 22's passage in November 2020 with nearly 59% of the vote was the culmination of what was by far the most expensive ballot measure in California history. App-based companies and their backers outspent labor and progressive groups by more than 10 to 1, with proponents pouring a staggering $204.5 million into the "yes" campaign's coffers against just $19 million for the "no" side.
"Voters were told the initiative would provide us with 'historic new benefits' and guaranteed earnings," said Gig Workers Rising. "But since it went into effect, drivers have seen our pay go down, learned the benefits are a sham, and have to accept unsafe rides because of the constant threat of being 'deactivated,' kicked off the app with little explanation or warning."
"If Uber really cared about good benefits and fair wages, it could make that happen tomorrow," the campaign added. "Instead, it has shown it would rather slash pay, bamboozle voters, and put drivers' lives and livelihoods in danger—all while promising $7 billion in stock buybacks to banks and billionaires."
Veena Dubal, a law professor at the University of California, Irvine who focuses on labor and inequality, toldCalMatters that Thursday's ruling was "a really tragic outcome," but "it's not the end of the road."
Dubal's sentiment was echoed by some California state legislators, who said the ruling presents an opportunity to act.
"While this decision is frustrating, it must also be motivating," said state Senate Labor Committee Chair Lola Smallwood-Cuevas (D-28). "I'm more determined than ever to ensure that all workers—including our diverse and Black, Indigenous, and people of color-led gig workforce—have the basic protections of workers compensation, paid sick leave, family leave, disability insurance, and the right to form a union."
Prop 22 has served as a template for lawmakers in other states seeking to deny or limit basic worker rights, benefits, and protections.
In Massachusetts, app-based companies have been fighting for years to get a measure to classify drivers as contractors on the state ballot. In 2022, Lyft made the largest political donation in state history—$14.4 million—to a coalition funding one such proposal.
Last month, Uber and Lyft reached an agreement with the office of Massachusetts Attorney General Andrea Campbell, a Democrat, to pay $175 million to settle a lawsuit filed in 2020. As part of the deal, the companies also agreed to increase driver pay and provide paid sick leave, accident insurance, and some health benefits. The agreement does not address how app-based gig workers should be classified.
Keep ReadingShow Less
Young Voters Tell Kamala Harris to 'Fight for Our Future'
"This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
Jul 25, 2024
Four youth-led groups on Thursday urged Vice President Kamala Harris, the presumptive Democratic presidential nominee, to "fight for our future" by pursuing a policy agenda the coalition unveiled in a March letter to U.S. President Joe Biden.
It's been less than a week since Biden left the race and endorsed Harris, who is expected to face former Republican Donald Trump and his running mate, U.S. Sen. JD Vance (R-Ohio), in the November election. Since then, she's racked up endorsements from Democratic members of Congress and progressive groups focused on issues including climate, labor, and reproductive rights.
March for Our Lives, which was launched after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, honored Harris with the group's first-ever endorsement on Wednesday, calling her "the right person to stand up for us and fight for the country we deserve."
"To defeat Trump, you must rebuild support and enthusiasm among young voters."
The gun violence prevention organization is part of the youth-led coalition behind the new letter, which also includes the climate-focused Sunrise Movement; Gen-Z for Change, which advocates on a range of issues; and the national immigrant network United We Dream Action.
"You have an urgent and important task. To defeat Trump, you must rebuild support and enthusiasm among young voters," the coalition told Harris on Thursday, noting that she sought the Democratic nomination during the last cycle. "You should build on your 2020 campaign platform where you put forward a strong vision to make the economy work for everyday people and ensure a livable future for us all."
The groups urged Harris to support the Green New Deal, Medicare for All, and the Reverse Mass Incarceration Act. They pushed her to expand pathways to citizenship, keep families together, end fossil fuel subsidies, and create good, union jobs. They also called on her to prioritize gun violence prevention and investments in public health solutions and green, affordable housing.
"Democrats are at a critical crossroads with young people," the coalition wrote to Harris on Thursday. "Polls showed Biden and Trump neck-and-neck among young voters."
ANew York Times/Siena College poll conducted July 22-24 shows Trump leading Harris 48% to 47% among likely voters and 48% to 46% among registered voters—differences that fall within the margin of error.
Forbesnoted Thursday that "Democrats are far more enthusiastic about Harris than they were Biden, the Times/Siena survey found, with nearly 80% of voters who lean Democrat saying they would like Harris to be the nominee, compared to 48% of Democrats who said the same about Biden three weeks ago."
The outlet also pointed to two other polls conducted by Morning Consult and Reuters/Ipsos since Biden dropped out, which both show Harris with a narrow lead over Trump.
"You have an opportunity to win the youth vote by turning the page and differentiating yourself from Biden policies that are deeply unpopular with us, such as approving new oil and gas projects, denying people their right to seek refuge and asylum, and funding the Israeli government's killing of civilians in Gaza," the youth coalition highlighted Thursday. "You must speak to the economic pain young people are facing from crushing student debt and skyrocketing housing and food prices."
Looking beyond November, the groups told Harris—who could be the first Black woman and person of Asian descent elected to the country's highest office—that "you could be a historic president. Not just because of who you are, but what you can accomplish."
"Young people are energized and ready to organize against fascism and for the future we deserve," they concluded. "This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
Keep ReadingShow Less
Video Game Actors Strike for AI Protections
"The video game industry generates billions of dollars in profit annually," said one union leader. "The driving force behind that success is the creative people who design and create those games."
Jul 25, 2024
After nearly two years of negotiations with video game giants and no deal that would protect performers from artificial intelligence, unionized voice and motion capture actors who work in video game development announced Thursday that they will go on strike starting at 12:01 am on Friday, July 26.
The performers are represented by Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), which last year won a contract for TV and film actors that included "unprecedented provisions for consent and compensation that will protect members from the threat of AI," after the union went on strike for four months.
The union has been negotiating on behalf of video game actors with major production companies including Disney Character Voices Inc., Activision Productions Inc., and WB Games Inc., and has won concessions over wages and job safety—but "AI protections remain the sticking point," said SAG-AFTRA on Thursday as the impending strike was announced.
Unionized actors want protections that would stop video game companies from training AI to replicate actors' voices or likeness without their consent and without compensating them.
"The video game industry generates billions of dollars in profit annually," said Duncan Crabtree-Ireland, national executive director and chief negotiator for SAG-AFTRA. "The driving force behind that success is the creative people who design and create those games. That includes the SAG-AFTRA members who bring memorable and beloved game characters to life, and they deserve and demand the same fundamental protections as performers in film, television, streaming, and music: fair compensation and the right of informed consent for the AI use of their faces, voices, and bodies."
"Frankly, it's stunning that these video game studios haven't learned anything from the lessons of last year—that our members can and will stand up and demand fair and equitable treatment with respect to AI, and the public supports us in that," he added.
Sarah Elmaleh, negotiating committee chair for the union's interactive media agreement, said the negotiations have shown the companies "are not interested in fair, reasonable AI protections, but rather flagrant exploitation."
"We look forward to collaborating with teams on our interim and independent contracts, which provide AI transparency, consent, and compensation to all performers, and to continuing to negotiate in good faith with this bargaining group when they are ready to join us in the world we all deserve," said Elmaleh.
The unionized actors voted in favor of the strike authorization with a 98.32% yes vote, said SAG-AFTRA.
The strike was announced as more than 500 workers who help develop the popular World of Warcraft video game franchise voted to join the Communications Workers of America (CWA), with the games publisher, Blizzard Entertainment, recognizing the bargaining unit.
CWA noted that the workers' journey to union representation began with a walkout in 2021 at Activision Blizzard, which was later bought by Microsoft, over sexual harassment and discrimination.
"What we've accomplished at World of Warcraft is just the beginning," Eric Lanham, a World of Warcraft test analyst, said in a statement. "We know that when workers have a protected voice, it's a win-win for employee standards, the studio, and World of Warcraft fans looking for the best gaming experience."
Keep ReadingShow Less
Most Popular