Detention and Deportation in the Wake of 9/11

Kaushikee

America is the dreamland for immigrants, who come here with high hopes for a better life and because of what it stands for - equality and freedom for all. But things have changed in the wake of 9/11.

The 9/11 attacks not only left some 3,000 dead and many more devastated lives, but also created a sense of urgency about protecting the United States from future terrorists attacks. The result was the Patriot Act and a barrage of other ad hoc rulings. And thus began the fight against terrorism which led to a spate of detentions and deportations. Hundreds of apartments, private homes, offices and other buildings were raided by different law enforcement agencies. Many people were just swept off the street. Those especially pushed against the wall were Muslim men who are non-U.S. citizens. The nineteen alleged hijackers were all Muslim men and so law enforcement has focused on male, Muslim non-citizens from Middle Eastern and South Asian countries. But, it is unreasonable to assume that nationality, religion, and gender should suffice to identify suspicious individuals.

"These prisons, to which untold numbers of detainees have been whisked,
are a black hole where immigrants disappear for months…"

The fight against terrorism has resulted in secrecy of government practices, secret incarceration of post-9/11 detainees and immigration proceedings closed to the public; custodial interrogations without access to counsel; arbitrarily prolonged confinement, including detention without charge; and the deplorable conditions including solitary confinement, extraordinary security measures, shackling; and verbal and physical abuse to which some detainees have been subjected. The detainees have often been prevented from communicating with the outside world, including family and attorneys. Detainees have been treated as though they were convicted terrorists. They were denied adequate medical attention, and housed with suspected or convicted criminals. Non-English-speaking detainees have been unable to communicate with officials due to lack of translators and bilingual jail staff. Muslim and Jewish detainees have had considerable difficulty meeting their religious obligations, including praying practices and special diets. These prisons, to which untold numbers of detainees have been whisked, are a black hole where immigrants disappear for months into extreme isolation and deprivation, only to come out the other end accused of no crime that justifies their jail time.

As many as 1,200 non-citizens were arrested in the wake of 9/11. Human rights groups believe the total number could be as high as 2,000. Of those arrested, more than 700 were charged with immigration violations. Most have been deported for visa violations or released on bond - sometimes after months of detention, after the enforcement agencies concluded that they had no connection to terrorist activities or groups. The largest group of detainees, more then 200, was from Pakistan, followed by Egypt and Turkey.

The detentions have not only instilled a great fear in the communities, but a sense of indignation as well. There might be a few "black sheep" in each community - as in anyone else's - but that doesn't mean that all should be treated the same. Families in South Asian and Arab communities have been split apart and left without economic resources. Many of the detained are the breadwinners in their family and so their arrests have left women and children unable to pay for rent and food. Many are afraid to ask for help or report human rights violations for fear of being detained and deported themselves. Many families are also unwilling to speak to the media because they are afraid that officials will see their name in print and arrest or deport them as well. There are also instances where families have returned to their home countries, leaving behind the detainee.

In a nation created and continually recreated by migrants, it is tragic to see the rights of non-citizens sacrificed. The detentions have been justified in the name of national security and the September 11 investigation. But, the secrecy has created very sad situations. It has bred questions about the legality of the detentions and the fairness of the treatment of non-citizens.

International organizations like Human Rights Watch and Amnesty International have protested against these detentions. Civil rights groups across the country have filed suits on the detainees' behalf, complaining about the poor conditions and secretiveness of the detentions, but the legal process has been moving slowly. In some cases, the courts have been receptive to the government's arguments, but in several others, judges have resisted claims of broad executive authority. Many Arab and South Asian organizations have rallied for the cause of their fellow countrymen.

The immigrants have many questions - Why me? Why am I imprisoned? What are they accusing me of? Why solitary confinement? And why under maximum security measures? What if I am deported? Unfortunately, there are no answers.

Ms. Kaushikee is a Fulbright scholar in CTP's MA program. She comes from India where she worked as a research fellow at the Malaviya Center for Peace Research. This past summer, Kaushikee worked in NYC with Sakhi (Hindi for female friend) for South Asian Women as her CTP practicum. The information in her article comes from this experience.