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discrimination
First They Came for the Arabs... Because They Knew No One Would Speak Out
From Reagan to Trump, when a U.S. president or Congress has sought to take measures curtailing a range of civil liberties, they have exploited the perception of the danger posed by Arabs to justify their actions.
Apr 26, 2025
For decades now, Arabs, in particular Palestinians, and supporters of Palestinian rights have been the weak link in the civil liberties chain.
During this period, when a U.S. president or Congress has sought to take measures curtailing a range of civil liberties, they would exploit the perception of the danger posed by Arabs to justify their actions. They feel comfortable in doing this because they understand that the negative stereotypes associated with Arabs make the measures more acceptable and opposition to their efforts less likely to occur. Examples abound.
On three separate occasions in the 1980s, when the Reagan administration sought to roll back civil liberties, they began their assault with an attack on Arabs’ rights. Having established the identity of Arab or Palestinian with terrorist, they assumed no public support would be forthcoming in defense of Arab civil liberties. On the other hand, if their targets had been persons of another ethnicity, opposition would have been more likely.
In 1981, the Reagan administration issued an executive order that dismantled all earlier reforms by the Carter administration to outlaw domestic surveillance by the CIA and FBI, using Arabs as the scapegoats to justify this measure. As a result, for five years, the FBI infiltrated and disrupted Palestinian student groups nationwide—finally disbanding the effort with nothing to show but agents’ hours wasted and millions of dollars spent.
What Trump’s administration policies share in common with his predecessors is the use of Arabs, in particular Palestinians, and their supporters, as convenient scapegoats to justify the erosion of rights and liberties.
Reagan’s Department of Justice was also able to rewrite U.S. extradition law, making it easier to fulfill the requests of foreign countries to extradite individuals without due process protections. They did so using the case of a Palestinian visa holder whose extradition had been requested by Israel. Based on this case, Congress rewrote the laws affecting all extradition requests.
It was also under former President Ronald Reagan that the Immigration and Naturalization Service released its “Alien Terrorist and Undesirables Contingency Plan,” detailing steps under provisions of the McCarren Walter Act to imprison, try in secret, and deport large numbers of aliens based solely on their ethnicity or their political beliefs or associations. Consistent with the approach taken, the “Plan” makes several references to Arab immigrants. In fact, the test case used to lay the groundwork for this “Plan” was the arrest of seven Palestinians and the Kenyan wife of one of them, charging them with nothing more than their political beliefs and association.
In 1995, then-President Bill Clinton issued an executive order “Prohibiting Transactions with Terrorists Who Threatened to Disrupt the Middle East Peace Process” and followed by the Omnibus Anti-Terrorism Act of 1995. Both efforts introduced draconian measures that would seriously erode civil and political rights guaranteed to U.S. citizens and residents under the Constitution and international law. The law, for example, gave far-reaching powers to law-enforcement agencies, removed the presumption of innocence for those under investigation, made it easier for the government to conduct surveillance against persons suspected of violating conspiracy laws, allowed for prohibition of “material support deemed by the president to benefit terrorist organizations,” established procedures allowing the government to detain and deport individuals based on secret evidence with no opportunity for the detainees to defend themselves, and allowed law-enforcement agencies to conduct surveillance on individuals or groups, based purely on their beliefs and associations. Using the executive order and new legislation the Clinton administration unleashed a nationwide profiling program at airports, which harassed and questioned hundreds of Arab and Arab American airline passengers, even before checking in for their flights, based solely on their dress, appearance, or Arabic names.
After 9/11, the Bush administration and Congress upped the ante. While intelligence failures and lax airline safety requirements were at fault in allowing terrorists to be trained in the U.S. and carry out their horrific attacks, then-President George W. Bush issued a series of orders that resulted in the roundup and deportation of thousands of innocent Arab students, workers, and visitors. They also ordered tens of thousands of Arab and Muslim visa holders to report to immigration offices where many more were held for deportation. The anti-terrorism legislation that passed through Congress allowed expanded surveillance by law enforcement, including warrantless wiretapping, searching library records, and an expanded use of profiling. Using the expanded powers given to them by the administration, law enforcement agents infiltrated mosques and Arab social clubs, entrapping a few gullible individuals in plots that were often organized by the law enforcement agencies themselves.
This is only a partial history, but it lays the predicate for the actions being taken by the Trump administration: threats to civil liberties like freedom of speech, assembly, and academic freedom; expanded authority given to law enforcement agencies to use unconstitutional measures to detain and deport individuals based on their ethnicity or political beliefs; and an expanded interpretation of the “material support” argument used by the Reagan and Clinton administrations to violate the protected rights of citizens and residents.
There are differences to be sure. While the measures taken during the Reagan, Clinton, and Bush administrations were based on exaggerated fears of terrorism in the U.S., it’s important to note that a review of the profiling, surveillance, and immigration programs established during these administrations did little to uncover or prosecute actual cases of terrorism. At the end of the day, despite billions of dollars spent and precious law enforcement resources expended, these programs did nothing more than contribute to an expansion of law enforcement powers and erosion of rights. In the case of the Trump orders, there’s not even the pretense of fighting terrorism—rather, an exercise in the brutal use of power to create fear and force institutions and individuals to cower and submit.
What Trump’s administration policies share in common with his predecessors is the use of Arabs, in particular Palestinians, and their supporters, as convenient scapegoats to justify the erosion of rights and liberties. What Trump knows is that in the midst of Israel’s war on Gaza, his support base will enthusiastically back his efforts. He also knows that liberals in Congress, who might otherwise oppose his policies, will be hesitant to offer full-throated support to the victims of his policies if it appears they are defending Palestinians or critics of Israel. For Trump, it’s the perfect storm. For those who care about defending rights and liberties, it’s just another example of Arabs, Palestinians, and those who defend them being the weak link in the civil liberties chain.
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Governor Vows to 'Vigorously Defend' Maine From Trump Attack on Trans Women
"This is not just about who can compete on the athletic field, this is about whether a president can force compliance with his will, without regard for the rule of law that governs our nation," said Janet Mills.
Apr 16, 2025
Democratic Maine Gov. Janet Mills responded Wednesday to a U.S. Department of Justice lawsuit against the state for defying President Donald Trump's efforts to ban transgender women and girls from female sports by vowing to defend the rule of law against what she called the White House's illegal attacks.
"Today is the latest, expected salvo in an unprecedented campaign to pressure the state of Maine to ignore the Constitution and abandon the rule of law," Mills said in response to the lawsuit, which accuses state officials of "openly and defiantly flouting federal anti-discrimination law by enforcing policies that require girls to compete against boys in athletic competitions designated exclusively for girls."
The suit comes days after the U.S. Department of Education (DOE) announced it would begin cutting off federal K-12 education funding following an agency investigation and after the state rejected a list of the Trump administration's demands regarding transgender s-athletes.
"This matter has never been about school sports or the protection of women and girls."
Mlils argued Wednesday that "this matter has never been about school sports or the protection of women and girls, as has been claimed, it is about states rights and defending the rule of law against a federal government bent on imposing its will, instead of upholding the law."
The Trump administration's sweeping war on transgender rights includes redefining Title IX anti-discrimination law to cancel protection for trans and nonbinary people, trying to reinstate his first-term ban on openly transgender people from military service, ending "X" gender markers on passports, banning federal support for gender-affirming healthcare, pressuring schools to censor lessons and materials about trans and nonbinary people, erasing transgender people and stories from government-run institutions and websites, and much more. Hundreds of anti-trans bills have also been passed or proposed in nearly every state.
Announcing the lawsuit at a DOJ press briefing, U.S. Attorney General Pam Bondi—who warned that other noncompliant states including California and Minnesota might also be sued—said that i"this has been a huge issue" for Trump.
"We have exhausted every other remedy," Bondi added. "We tried to get Maine to comply. We don't like standing up here and filing lawsuits, we want to get states to comply with us."
However, Mills said that U.S. District Judge John Woodcock's April 11 order for the Trump administration to unfreeze funding for a children's nutrition program that was suspended over the transgender athlete issue "reinforces our position that the federal government has been acting unlawfully."
Mills stoked Trump's ire for resisting his threats to cut off federal funding if she did not move to ban transgender women and girls from female teams—an action that would violate state law explicitly prohibiting gender identity-based discrimination. During a February White House meeting with governors, Trump called out Mills for her defiance and again threatened to cut off funding.
"We're going to follow the law, sir," Mills replied. "We'll see you in court."
This further incensed Trump, whose demand for Mills to apologize was widely mocked. The Trump administration then temporarily forced new Maine parents to register their newborns for a Social Security number at a government office rather than at hospitals, a policy quickly rescinded amid public uproar.
Earlier this month, Maine sued the Trump administration in a bid to stop it from implementing any funding freeze.
"For nearly two months, Maine has endured recriminations from the federal government that have targeted hungry school kids, hardworking fishermen, senior citizens, new parents, and countless Maine people," Mills said Wednesday. "We have been subject to politically motivated investigations that opened and closed without discussion, leaving little doubt that their outcomes were predetermined."
"Let today serve as warning to all states: Maine might be among the first to draw the ire of the federal government in this way, but we will not be the last," Mills said.e "My administration and Maine's attorney general will vigorously defend our state against the action announced today from the Department of Justice."
"This is not just about who can compete on the athletic field, this is about whether a president can force compliance with his will, without regard for the rule of law that governs our nation," she added. "I believe he cannot."
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World Athletics’ Sex Testing Policy Revives a Harmful, Discredited Practice
World Athletics calls it “protecting” women’s sports. History calls it discrimination.
Apr 09, 2025
On March 25, World Athletics president Sebastian Coe announced that the track and field governing body would introduce chromosomal testing of women athletes to “doggedly protect the female category.” Concern around “protecting” women athletes and the women’s category has resurged in recent years as the issue of transgender participation in sport has become politically expedient in the United States culture war, culminating in President Donald Trump’s executive order in January banning athletes from participation on teams that don’t align with the sex assigned to them at birth.
Sex and gender verification has been utilized by sport organizations for over a century. Previous methods included “nude parade” physical examinations requiring genital inspection, chromosomal testing, and testosterone level testing. However, World Athletics (previously known as the International Association of Athletics Federations, or IAAF) stopped mandatory sex testing in 1991, due to scientific inaccuracy, inability to prove unfair advantages, and ethical concerns. Women athletes could continue to be tested if their gender presentation was deemed “suspicious.” Notably, Indian track star Pratima Gaonkar committed suicide in 2001 after failing a sex test. In the 2010s, South African distance runner Caster Semenya and Indian hurdler Dutee Chand endured intense public scrutiny over their sex and gender after they were assumed to have androgen insensitivity syndrome. This is one of many conditions that are broadly classified as differences of sexual development (DSDs), and can occur for many reasons but are usually linked to sex chromosomes or anomalies in how the body produces or responds to hormones such as testosterone.
Unlike the World Athletics’s 2023 policy that banned trans athletes from competing in the women’s category, this policy targets women who were assigned “female” at birth, identify as women, and have always lived as women. They simply don’t have the XX chromosomes that World Athletics now deems necessary.
Chromosomal testing does not determine athletic performance and has been condemned by scientists and human rights organizations as discriminatory and unethical.
The new policy requires mandatory chromosomal testing, including a check swab and dry-blood test. While World Athletics claims to have consulted 70 sporting and advocacy groups, it is unclear who was included. Their cited scientific bibliography is largely authored by individuals affiliated with World Athletics, ignoring significant research questioning the ethics and efficacy of female eligibility policies in sport. Notably absent are two pieces by Roger Pielke and colleagues: one exposing flaws in World Athletics’ original 2011 policy and another reaffirming those issues after the organization admitted its female eligibility research was flawed.
The well-established problem with World Athletics’ chromosomal testing is that it actually has no linkage to performance. Put simply, “failing” a chromosomal, DNA, or sex test tells us nothing about whether an athlete will destroy a world record or even win a race. “Failed” tests, more often than not, indicate a chromosomal anomaly—something that neither enhances an individual’s athletic ability nor impedes their quality of life (if this were the case, it would probably be diagnosed way before an elite sport competition!). The inability of chromosomal testing to determine an “unfair” performance advantage was resoundingly proven by geneticists, bioethicists, medical researchers, physicians, and endocrinologists in the late 1980s and early 1990s, which was what led to the abolition of mandatory sex testing.
Systematically, policies like these disproportionately target women from the Global South and reinforce racial and gender biases. A 2020 Human Rights Watch report detailed discrimination, surveillance, and coerced medical intervention that elite athletes from the Global South experienced when seeking to comply with sex testing practices. The women interviewed detailed how medical practitioners did not fully explain the tests and procedures conducted, and the humiliation and discrimination they experienced in their communities when their medical records were disclosed without informed consent. This may be why earlier, in 2019, the World Medical Association released a notice imploring physicians to “take no part in implementing new eligibility regulations for classifying female athletes.”
These concerns highlight the urgency for educating sport governing bodies, and the general public, about the broader implications for the autonomy and safety of girls and women that can result from “protective” policies in sport. While the new World Athletics policy does not mandate surgical alteration, history shows the risks of such regulations. In 2013, four elite women athletes underwent gonadectomies and partial clitoridectomies—an unnecessary and harmful procedure classified as a form of female genital mutilation/cutting (FGM/C)--to comply with eligibility rules. These policies can serve to legitimize and reinforce cultural practices with serious health risks for girls and women.
Women athletes must already carefully negotiate their athleticism with market-driven expectations of femininity to secure sponsorship deals, which are especially critical for women athletes because of the sport industry’s pervasive pay inequity. Mainstream beauty norms—favoring whiteness, thinness, and hairlessness—inform which bodies will be deemed “suspicious” under World Athletics’ new policy. Black and brown athletes, particularly those with more muscular builds and deeper voices, are more likely to be targeted. Research shows that elite women athletes already feel they are forced to choose between appearing “strong” or “feminine”; the reintroduction of sex testing may add further pressure for women athletes to conform with rigid gender norms to avoid harassment and surveillance. Athletes like Algerian boxer Imane Khelif and Semenya endured an onslaught of online attacks following public scrutiny of their gender. Women in sports generally already face disproportionate abuse, with an NCAA study finding that women basketball players receive three times more abusive messages than their male counterparts.
World Athletics’ claims that chromosomal testing will protect women athletes and the women’s category. However, chromosomal testing does not determine athletic performance and has been condemned by scientists and human rights organizations as discriminatory and unethical. Rather than “protecting” the women’s category, these regulations reinforce harmful gender norms, disproportionately target women from marginalized backgrounds, and risk severe personal and professional consequences for women athletes.
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