Immigrant Detention: Action Alert

Advocating on behalf of immigrants currently held in detention

March 19, 2003

In this Action Alert:

1. Contribute to the Emergency Family and Legal Fund
2. Release Nigel Maccado from Custody
3. Stop the Deportation of Liberian Citizen, Mohamed Sangare to Guinea
4. Six years in detention? Release Gavin Lawrence!
5. Testimonies of Abuse at Passaic County Jail – Eight Detainees on Hunger Strike
6. Case Update: Farouk Abdel-Muhti moved to Pennsylvania
7. Mass Deportation Update: 152 Pakistanis Deported this Week

Immigrant families need your support! Contribute to the Emergency Family and Legal Fund

Since September 11th, almost 3,000 people of Arab, South Asian, and Muslim origin have been rounded up by the US government and disappeared. For months now, the FBI, the INS, and other law enforcement agencies have been racially profiling immigrants and raiding homes and workplaces, in many cases arresting people in the middle of the night and in front of their families. The vast majority of these people continue to languish in county jails and federal prisons without ANY charges brought against them.

Our communities and families need your support. DRUM works with detainees and their families as part of the campaign to Stop the Disappearances! Many detainees are experiencing deteriorating health as they languish in jails simply because they cannot afford bail or bond money and have no support outside. Others still are in urgent need of funds to help support the families left behind. Please help fight for their release by sending a donation to our special fund. Please make your checks out to "The Brecht Forum" and write "Fund" in the memo.

2. Release Nigel Maccado from Custody!

Nigel Maccado (A#21-098-333), has not been in India since 1974, but may be deported there shortly. He has been in immigration custody since November 2001, but has appealed his final deportation order because he fears torture if he returns to India. As a Roman Catholic, he has reason to fear for his safety as there have been well-documented attacks on Christians in recent years. He has been waiting since December 2001 for a decision on his appeal. He and his family in the US need an answer. Write to his congressman and ask that he enquire about the decision to the Office of the Clerk.

            Contact: Supriya 718-205-3036

The information here is compiled by the Coalition for the Human Rights of Immigrants (CHRI) - Detention Working Group, in consultation with other groups organizing visitation, support and advocacy for immigrants in detention. The Campaign to Stop the Disappearances! is:

3. Stop the Deportation of Liberian Citizen, Mohamed Sangare to Guinea

Mohamed Sangare (A# 76-969-041) is a Liberian citizen, and came to the US five years ago. He fled from Liberia because of the actions of the government against his family and tribe. His parents, brothers and sisters were all tortured and killed by the Liberian government. He fled to Guinea and then travelled to the US. He has been recently been told by the deportation officer that he will be deported to Guinea. He fears for his life if this takes place. The US State Department has documented the torture of Liberian refugees in Guinea. He wants the US Government to give him time to prove that he is a Liberian citizen, not to deport him, and to release him on bond.

4. Six years in detention? Release Gavin Lawrence!

Gavin Lawrence (A#74 973 221), a detainee of Jamaican descent has been held in immigration custody since August 1996 because the INS has been unable to receive permission to deport him. Although required to hold a custody review after six months of detention, a review was not completed until 2000. A second review found him neither a flight risk, nor a risk to the community, the only viable reasons for refusing release. This continued detention is contrary to INS policy and the Supreme Court decision in Zadvydas that mandates release in undeportable cases after six months. Please write to the office of the Inspector General and demand a formal investigation into his continued detention.

Office of the Inspector General

Investigations Division

US Department of Justice

950 Pennsylvania Avenue NW, Suite 4706

Washington, DC 20536-0001

Contact: Supriya 718-205-3036

Desis Rising Up and Moving, who has worked directly with several hundred immigrants in detention since September 11^th, 2001, has received audio testimonies from individuals in Immigration and Naturalization Service (INS – now the Bureau of Immigration and Customs Enforcement or BICE) custody at Passaic County Jail. These reports detail physical and verbal abuse by correctional officers including beatings, slamming against walls, having legal materials dumped in water, bringing in police dogs in the middle of the night, and the use of anti-immigrant language. In response to a series of violent incidents, eight detainees have decided to commence a hunger-strike as of March 12 2003.

“The abuse was stepped up just recently as more detainees are being shipped out in mass deportations,” stated Monami Maulik, Community Organizer at DRUM, “it is our contention that the repeated profiling of Immigrants by the INS as well as the increased detentions of immigrants, specifically South Asian and Arab-American, has led to these people being singled out for abuse by prison officials and guards.”

The eight hunger strikers were apparently involved in a low level dispute regarding use of a television in the dormitory they were being held in at Passaic County jail. Correctional officers intervened by violently physically attacking the 8 individuals and herding them into the “bull pen”. However, this is part of a continuing trend of violence at Passaic County jail that has been under scrutiny in the past as well from human rights organizations.

The Campaign to Stop the Disappearances is calling for all concerned individuals to call or fax Warden Charles Meyers at Passaic County jail and the District Director to demand the following things: an end to the abuse and an immediate halt to the use of dogs in the jail, improvement to the food and for the transferring of the eight hunger strikers to Hudson County Jail. 

A NOTE FOR UNAFFECTED COMMUNITIES

Stop the Disappearances Campaign! is dedicated to following the leadership of those in communities directly affected by INS detentions, especially DRUM’s constituency of families of detainees and detainees. However, we encourage those who are not from these communities to show their support and get involved in the fight to end immigrant detention. We have four suggestions of appropriate ways to show your support:

1. Form an action team! This is a group of five or more people who commit to making a call or fax each day (for a period of a week every few weeks) on the situation of someone in detention. Contact Eric 212/254-2591 email [email protected]
2. Donate money to the DRUM bond and support fund, each dollar goes directly to support families of those detained, or to provide the bonds to set detainees free! (contact DRUM)
3. Offer to drive detainee family members and community members to make visits to detainees. Contact mac 212-254-2591 [email protected]
If you or anyone you know has legal expertise become part of the needed legal network to represent and assist detainees in their cases. Contact Megan 212-254-2591 [email protected]

6. Case Update: Release Palestinian Activist Farouk Abdel-Muhti

In February 2003, Farouk Abdel-Muhti was moved to York Pennsylvania, delaying his case by months and making it more difficult for his legal team.

Last April, Farouk Abdel-Muhti A 21 063 913 was arrested by the Absconder Task Force at his home. The well-known Palestinian rights activist was then detained by the INS on the basis of an outstanding deportation order from 1995 (issued while Farouk was in the hospital)

Since that time a habeas petition has been filed. The petition alleged that Farouk is a stateless Palestinian who cannot be deported and that his continued detention for deportation since Apr. 26 is therefore unlawful and goes against the Supreme Court's decision in Zadvydas v. Davis setting six months as a reasonable time to effect a deportation.

From the beginning the INS has claimed that Farouk's case is just a standard detention and has nothing to do with his political activism. His Defense committee holds that Farouk's detention is just part of a wider effort to repress activism as resistance grows to the current administration's illegal war policies and its failed economic policies.

Please

• Contact INS Assistant Commissioner for Detention David J. Venturella and politely but firmly demand Farouk be returned to the New York area and be released. You can reach Venturella at INS, (address below)

• Join the weekly vigils Fridays at the INS office at 26 Federal Plaza 12 noon, Broadway and Worth, Manhattan (4/5/6 to City Hall/Brooklyn Bridge walk west and north, N/R/Q/W to Canal, walk west and south)

Washington, DC 20536

7. Mass Deportation Update: 152 Pakistanis Deported this Week

This week, 152 detainees were deported back to Pakistan. Since September 2001, over 450 Pakistanis have been removed from the country – usually in shackles. Many of those being deported have open immigration cases in INS courts. This was one in a string of mass deportations of Pakistani detainees that is secretive (often in the middle of the night), inhumane, and violates due process rights of immigrants.  The INS (Immigration and Naturalization Service), now called the BICE (Bureau of Immigration and Customs Enforcement under the auspices of the newly formed Department of Homeland Security) did not even informed family members or attorneys of those being deported. There are rumours of another mass deportation in the coming weeks.

Know Your Rights!

Trainings and Wallet-Sized Palm-Cards (Spanish, Arabic, English and Urdu) are available from the Know Your Rights Committee of CHRI.

You have these rights in the USA (regardless of your immigration status!):

·         You do not have to answer any questions by the police, FBI, INS, or other law enforcement.  Do not talk without a lawyer.  Say you want to see a lawyer.

·         You do not have to sign any paper without a lawyer with you.

·         You do not have to let the police, FBI, INS or anyone else come into your house without a "warrant" (special paper from a judge).  Tell your roommates not to let them in without a warrant.

·         You do not have to answer any questions about your immigration.

·         You do not have to show identification unless you are driving a car.

(Backs of cards list places to call for legal assistance, finding a lawyer, and other resources)

For more information or a complete training, in Spanish or English, please call CHRI: 212-254-2591, and leave a message for Lara of the KYR Committee.

***Thanks to those who have called, faxed and written. Many cases in past bulletins have been quickly resolved. 60 detainees have been transferred from the horrendous conditions in Passaic to the better conditions of Hudson County Correctional. Letter Writing Works!. Applying pressure with fax zaps and letter campaigns has convinced many officials and politicians to provide needed medical treatment, expedite bond releases and voluntary departures and deportations. Visitation is a lifeline for detainees and our advocacy helps.****

STOP THE DISAPPEARANCES!

Our demands:

1.   Release all detainees being held for immigration violations.

2.   Repeal the racist Patriot Act, the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), and the 1996 Anti-Terrorism and Effective Death Penalty Act.

1.       Release a real list of all 9/11 detainees.

2.       Provide detainees with immediate, full and proper access to legal information and representation.

5.       Ensure all facilities used for detention meet the INS standards for detention.

6.       Inform detainees of when they will appear before a judge, be released, or be deported.

7.       Stop holding detainees who have been granted bond or ordered removed.

8.       End all cooperation between the INS and local law enforcement.

What is Special Call-In Registration & How is it impacting Thousands around the country?

v      In November 2002, Attorney General John Ashcroft issued his first directive to register men and boys over the age of 16 years from a list of countries (now adding up to 25) with the Department of Justice (DOJ).  These registration requirements mark the latest in an unending series of attacks on immigrants rights and civil liberties since September 11^th, 2001.

v      The DoJ did not adequately inform the targetted communities about the rules, or give them time to comply.  The first deadline was on December 16^th.  Most communities affected say that the DoJ did not notify the communities sufficiently or in some cases at all.

v      Registration involves being digitally photographed, fingerprinted and interrogated under oath.  Interview questions include names and addresses of parents, friends and American contacts, date and location of entry to the US, religious practices and if one has committed terrorist activity.  The INS officer may also ask to see travel documents, any government-issued identification, proof of residence, proof of school matriculation and proof of employment.  Many people are being arrested for not having "sufficient" documentation with them when registering.

v      The consequences for not registering include criminal charges and deportation, yet hundreds have faced arrest, detention, deportation, interrogation and criminal penalties even after complying.  People arrested include those with pending green card applications or pending adjustment of status applications.

v      Following the first deadline, reports say that between 1,000 and 2,500 men from Iran, Iraq, Syria, Sudan or Libya were arrested, with many detained in inhumane conditions.  Immigrant groups and news sources have reported overcrowded jail cells, detainees being hosed down with cold water, shackled and transported to other states.

v      The deadline for the registration of “nonimmigrant” men (those with sstudent, work, visitor or other temporary visas) from Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates and Yemen was on January 10^th, 2003. The deadline for “nonimmigrant” men from Pakistan and Saudi Arabia is March 21, 2003. Men from Bangladesh, Egypt, Indonesia, Jordan and Kuwait are required to register by April 25^th.

v      Over the past 15 months, thousands of Arabs, South Asians and Muslims have been detained with over 99% not charged with any crimes related to terrorism.  The Campaign to Stop the Disappearances, along with over 20 civil rights, community and faith-based organizations is calling for an immediate end to the registration initiative and the release of all those currently being detained since the 9/11 sweeps began. 

v      Call or fax Attorney General John Ashcroft (phone 202-353-1555, fax 202-307-2825) and BICE New York – Interim District Director Edward McElroy (phone 212-264-3972, fax 212-264-5439) to demand an end to these round-ups immediately!  A sample letter is provided on the reverse side.

If you or someone you know needs to talk to a lawyer about special registration:

Call Asian American Legal Defence and Education Fund at 212-966-6030 x 203 or 212-966-5932 x 213. Urdu and Bangla interpretation are available.

Sample Letters:

John Ashcroft

US Department of Justice
950 Pennsylvania Ave NW Washington, DC 20530-0001
Fax: 202-307-2825

Mr. Ashcroft,

I am writing to express my anger at the current program of Special Registration for men from 25 countries. Requiring people to register on the basis of ethnic origin and immigration status is the worst form of racial profiling. The targeting of people from Asia and the Middle East on the basis of national origin is unethical and discriminatory. As well, the targeting of people who are not Legal Permanent Residents or Citizens suggests xenophobia.

I am also outraged at the use of these registrations to effect the detention of immigrants from these areas. According to the New York Times, the detentions reached such large numbers in Los Angeles that the INS ran out of plastic handcuffs. The entire program has the appearance of mass roundups similar to the internment of the Japanese during the WWII, and other occasions in this country's history of which we are all ashamed.

I am a member of the community organization(s) _____________________ I can assure you that our organization is outraged and mobilizing. We will not allow the United States to become the kind of country where people are rounded up and detained on the basis of national origin. We will not be party to this racism and xenophobia.

In fury,
[Your name]

_____________________________________________________________________________

Edward McElroy

Interim Director (New York)

Bureau of Immigration and Customs Enforcement (BICE).  
26 Federal Plaza

New York, NY 10278
 
Mr. McElroy,

I am writing to express my anger at the current program of Special Registration for men from Asian and Middle Eastern countries. Requiring people to register on the basis of national origin and immigration status is the worst form of racial profiling. As well, the targeting of people who are not Legal Permanent Residents or Citizens reeks of xenophobia.

I am amazed that the New York district of the BICE, a district that has one of the largest and most diverse immigrant populations in the United States, has allowed itself to go along with this program. Surely, working in New York City has had some sort of impact on your policies? Surely, you can see the racism of rounding people up based on their national origin.

I am also dismayed that you have not publicly gone on record to state how many people have been detained because of this process in the New York district. A democracy depends on transparency, and the protection of due process and human rights.

I am a member of the community organization(s) _____________________ I can assure you that our organization is outraged and mobilizing. We will not allow the United States to become the kind of country where people are rounded up and detained on the basis of national origin. We will not be party to this racism and xenophobia.

In fury,

[Your Name]