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Denied Re-entry to US citizens - why?

 
 
Reply Mon 28 Aug, 2006 04:33 pm
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/08/26/LODI.TMP

Quote:
(08-26) 04:00 PDT Sacramento -- The federal government has barred two relatives of a Lodi man convicted of supporting terrorists from returning to the country after a lengthy stay in Pakistan, placing the U.S. citizens in an extraordinary legal limbo.

Muhammad Ismail, a 45-year-old naturalized citizen born in Pakistan, and his 18-year-old son, Jaber Ismail, who was born in the United States, have not been charged with a crime. However, they are the uncle and cousin of Hamid Hayat, a 23-year-old Lodi cherry packer who was convicted in April of supporting terrorists by attending a Pakistani training camp.

Federal authorities said Friday that the men, both Lodi residents, would not be allowed back into the country unless they agreed to FBI interrogations in Pakistan. An attorney representing the family said agents have asked whether the younger Ismail trained in terrorist camps in Pakistan.

The men and three relatives had been in Pakistan for more than four years and tried to return to the United States on April 21 as a federal jury in Sacramento deliberated Hayat's fate. But they were pulled aside during a layover in Hong Kong and told there was a problem with their passports, said Julia Harumi Mass, their attorney.

The father and son were forced to pay for a flight back to Islamabad because they were on the government's "no-fly" list, Mass said. Muhammad Ismail's wife, teenage daughter and younger son, who were not on the list, continued on to the United States.

Neither Muhammad nor Jaber Ismail holds dual Pakistani citizenship, Mass said.

"We haven't heard about this happening -- U.S. citizens being refused the right to return from abroad without any charges or any basis," said Mass, a lawyer for the American Civil Liberties Union.

McGregor Scott, the U.S. attorney for California's eastern district, confirmed Friday that the men were on the no-fly list and were being kept out of the country until they agreed to talk to federal authorities.

"They've been given the opportunity to meet with the FBI over there and answer a few questions, and they've declined to do that," Scott said.

Mass said Jaber Ismail had answered questions during an FBI interrogation at the U.S. Embassy in Islamabad soon after he was forced back to Pakistan. She said the teenager had run afoul of the FBI when he declined to be interviewed again without a lawyer and refused to take a lie-detector test.

The Ismails had been in Pakistan partly so Jaber could study the Quran, Mass said. She said that neither he nor his father had anything to do with terrorism.

"They want to come home and have an absolute right to come home," said Mass, who has filed a complaint with the Department of Homeland Security and a petition with the Transportation Security Administration.

"They can't be compelled to waive their constitutional rights under threat of banishment," Mass said. "The government is conditioning the return to their home on cooperation with law enforcement."

Aviation watch lists were created in 1990 to keep terrorists off planes and track drug smugglers and other fugitives. But since al Qaeda's attacks on Sept. 11, 2001, the government has expanded the lists significantly. Members of the public cannot find out if, or why, they are on a no-fly list.

Michael Barr, director of the aviation safety and security program at USC, said the Ismail case appears to be unusual in the realm of federal terrorism investigations.

"You become what is called a stateless person, and that would be very unprecedented," Barr said.

He said U.S. law enforcement agents have understandably been "overly cautious" in recent years. "If they're going to err, they're going to err on the side of caution," Barr said. "What's happened in a lot of these things is that you're guilty until proven innocent."

Jaber Ismail was one of several people mentioned by his cousin, Hayat, during a videotaped interview with the FBI in Sacramento in June 2005 that prompted Hayat's arrest.

Hayat himself had just returned from a two-year trip to Pakistan. His flight, too, had been diverted because Hayat was on the no-fly list as a result of conversations he had with an informant who had infiltrated the mosque in Lodi that Hayat attended.

Prosecutors said Hayat told FBI interrogators that he had trained at a terrorist camp in Pakistan, although defense attorneys argued that the videotaped confession was contradictory and suggested that agents had manipulated the interview.

When agents asked him who else had gone to training camps, Hayat said, "I can't say 100 percent, but I have a lot of, you know, names in my head," according to a transcript of the interview.

Hayat said Jaber Ismail "went, like, two years ago." Asked if his cousin had gone to the same camp he had attended, Hayat said, "I'm not sure, but I'll say he went to a camp."

Hayat later said that Ismail and another relative "didn't talk to me about going to camps or anything. But you know I'm sure they went to the camp ... 'cause they memorize the Holy Quran."

Hayat faces up to 39 years in prison when he is sentenced. A hearing is scheduled for Nov. 17 to discuss his lawyers' motion for a new trial on a number of grounds, including juror misconduct.

On Friday, Hayat's father, ice cream truck driver Umer Hayat, 48, was formally sentenced at U.S. District Court in Sacramento.

In a deal with prosecutors, the elder Hayat pleaded guilty in June to charges of lying to customs agents about $28,000 he was carrying during a trip to his native Pakistan. He avoided a retrial on more serious charges of lying to the FBI about his son's training in Pakistan. He was sentenced to the 330 days in jail that he already served.

Speaking publicly for the first time, Umer Hayat said outside the courthouse that he "got screwed" and "hates terrorists." He said he had fabricated his own videotaped FBI confession -- in which he described visiting a militant camp in Pakistan where his son had allegedly trained -- because agents refused to believe the truth and because he was tired.

He said he had borrowed his description of masked terrorists firing guns, swinging swords and pole vaulting in a basement from "the newspaper and the TV," as well as from a Teenage Mutant Ninja Turtles video game belonging to his children. He said his ice cream truck bears a photo of one of the turtles, advertising a $1.25 ice cream bar.

"I make a story, that's all," Hayat said.

Scott, the U.S. attorney, said he would "take anything Umer Hayat says with a grain of salt. He seems capable of saying whatever needs to be said at any particular time, whether it's the truth or not."

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There doesn't seem to be any actual proof that these gentlemen have done anything wrong; yet, they are denied re-entry to our country. Why?

Greenwald asks:

Quote:

But what possible authority exists for the Bush administration -- unilaterally, with no judicial authorization, and no charges being brought -- to bar U.S. citizens from entering their own country? And what kind of American would favor vesting in the Federal Government the power to start prohibiting other American citizens from entering the U.S. even though they have been charged with no crime and no court has authorized their exclusion?


http://glenngreenwald.blogspot.com/2006/08/still-more-unchecked-powers-for-bush.html

Cycloptichorn
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Cycloptichorn
 
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Reply Mon 28 Aug, 2006 04:46 pm
Reading the above, I was reminded of a post by Raed the other day:

Quote:
back from the mideast
I just came back from a short trip to Jordan and Syria. The trip to Syria was so fast, but I managed to visit some Lebanese refugee camps. I am so impressed by the Syrian people's generosity in receiving Lebanese refugees. The Syrian government didn't even have to send food or supplies to the refugees because of the overwhelming grassroots support. When I was in the school/refugee camp, many neighbors were walking in with food and clothes. Neighbors donated mattresses, TVs, satellites, money, and other aid.

The other thing you can't miss in Jordan and Syria is people's anger against the US. On more than occasion, I got shouted at because I live in the US. The most interesting incident was during a visit to a Lebanese refugee camp. I was called by two young Lebanese people, and they asked me whether me and the rest of the delegation visiting their shelter where coming from the US. I said yes. They said: "you better get the hell out of here unless you want us to make a scene". I tried to explain that we are the "good" Americans who are against the war, so they said go back home and change your government. "you can't come here visit us in a shelter that we were sent to because of your tax money and your bombs, and expect us to be nice to you". So me and the other Americans got the hell out of there.

The trip to Jordan was more productive and organized. I managed to put together a couple of meetings with Iraqi parliamentarians representing the major groups in the parliament. One meeting was with two MPs, one representing the biggest Sunni Group, and the other representing the biggest Shia group in the parliament. They gave the US delegation that accompanied me a strong and united message against the US presence in Iraq. It was a clear Sunni/Shia demand to end the occupation and set a timetable for withdrawing the US troops. Another meeting was with MPs and some other NGO representatives of mainly secular and liberal Iraqis. We had some other meetings with Human rights organizations as well. Read Tom Hayden's piece in The Nation for more details about our meeting in Amman.

That week in Jordan and Syria was so intense. I came back to DC for a day, then I took the bus to New York to watch Fear Up: Stories from Baghdad and Guantanamo, and participate in some discussions.

The next day, I went to JFK in the morning to catch my Jet Blue plane to California. I reached Terminal 6 at around 7:15 am, issued a boarding pass, and checked all my bags in, and then walked to the security checkpoint. For the first time in my life, I was taken to a secondary search . My shoes were searched, and I was asked for my boarding pass and ID. After passing the security, I walked to check where gate 16 was, then I went to get something to eat. I got some cheese and grapes with some orange juice and I went back to Gate 16 and sat down in the boarding area enjoying my breakfast and some sunshine.

At around 8:30, two men approached me while I was checking my phone. One of them asked me if I had a minute and he showed me his badge, I said: "sure". We walked some few steps and stood in front of the boarding counter where I found out that they were accompanied by another person, a woman from Jet Blue.

One of the two men who approached me first, Inspector Harris, asked for my id card and boarding pass. I gave him my boarding pass and driver's license. He said "people are feeling offended because of your t-shirt". I looked at my t-shirt: I was wearing my shirt which states in both Arabic and English "we will not be silent". You can take a look at it in this picture taken during our Jordan meetings with Iraqi MPs. I said "I am very sorry if I offended anyone, I didnt know that this t-shirt will be offensive". He asked me if I had any other T-shirts to put on, and I told him that I had checked in all of my bags and I asked him "why do you want me to take off my t-shirt? Isn't it my constitutional right to express myself in this way?" The second man in a greenish suit interfered and said "people here in the US don't understand these things about constitutional rights". So I answered him "I live in the US, and I understand it is my right to wear this t-shirt".

Then I once again asked the three of them : "How come you are asking me to change my t-shirt? Isn't this my constitutional right to wear it? I am ready to change it if you tell me why I should. Do you have an order against Arabic t-shirts? Is there such a law against Arabic script?" so inspector Harris answered "you can't wear a t-shirt with Arabic script and come to an airport. It is like wearing a t-shirt that reads "I am a robber" and going to a bank". I said "but the message on my t-shirt is not offensive, it just says "we will not be silent". I got this t-shirt from Washington DC. There are more than a 1000 t-shirts printed with the same slogan, you can google them or email them at [email protected] . It is printed in many other languages: Arabic, Farsi, Spanish, English, etc." Inspector Harris said: "We cant make sure that your t-shirt means we will not be silent, we don't have a translator. Maybe it means something else". I said: "But as you can see, the statement is in both Arabic and English". He said "maybe it is not the same message". So based on the fact that Jet Blue doesn't have a translator, anything in Arabic is suspicious because maybe it'll mean something bad!

Meanwhile, a third man walked in our direction. He stood with us without introducing himself, and he looked at inspector Harris's notes and asks him: "is that his information?", inspector Harris answered "yes". The third man, Mr. Harmon, asks inspector Harris : "can I copy this information?", and inspector Harris says "yes, sure".

inspector Harris said: "You don't have to take of your t-shirt, just put it on inside-out". I refused to put on my shirt inside-out. So the woman interfered and said "let's reach a compromise. I will buy you a new t-shirt and you can put it on on top of this one". I said "I want to keep this t-shirt on". Both inspector Harris and Mr. Harmon said "No, we can't let you get on that airplane with your t-shirt". I said "I am ready to put on another t-shirt if you tell me what is the law that requires such a thing. I want to talk to your supervisor". Inspector Harris said "You don't have to talk to anyone. Many people called and complained about your t-shirt. Jetblue customers were calling before you reached the checkpoint, and costumers called when you were waiting here in the boarding area".

it was then that I realized that my t-shirt was the reason why I had been taken to the secondary checking.

I asked the four people again to let me talk to any supervisor, and they refused.

The Jet Blue woman was asking me again to end this problem by just putting on a new t-shirt, and I felt threatened by Mr. Harmon's remarks as in "Let's end this the nice way". Taking in consideration what happens to other Arabs and Muslims in US airports, and realizing that I will miss my flight unless I covered the Arabic script on my t-shirt as I was told by the four agents, I asked the Jet Blue woman to buy me a t-shirt and I said "I don't want to miss my flight."

She asked, what kind of t-shirts do you like. Should I get you an "I heart new york t-shirt?". So Mr. Harmon said "No, we shouldn't ask him to go from one extreme to another". I asked mr. harmon why does he assume I hate new york if I had some Arabic script on my t-shirt, but he didn't answer.

The woman went away for 3 minutes, and she came back with a gray t-shirt reading "new york". I put the t-shirt on and removed the price tag. I told the four people who were involved in the conversation: "I feel very sad that my personal freedom was taken away like this. I grew up under authoritarian governments in the Middle East, and one of the reasons I chose to move to the US was that I don't want an officer to make me change my t-shirt. I will pursue this incident today through a Constitutional rights organization, and I am sure we will meet soon". Everyone said okay and left, and I went back to my seat.

At 8:50 I was called again by a fourth young man, standing with the same jetblue woman. He asked for my boarding pass, so I gave it to him, and stood in front of the boarding counter. I asked the woman: "is everything okay?", she responded: "Yes, sure. We just have to change your seat". I said: "but I want this seat, that's why I chose it online 4 weeks ago", the fourth man said " there is a lady with a toddler sitting there. We need the seat."

Then they re-issued me a small boarding pass for seat 24a, instead of seat 3a. They said that I can go to the airplane now. I was the first person who entered the airplane, and I was really annoyed about being assigned this seat in the back of the airplane too. It smelled like the bathrooms, which is why I had originally chosen a seat which would be far from that area.

It sucks to be an Arab/Muslim living in the US these days. When you go to the middle east, you are a US tax-payer destroying people's houses with your money, and when you come back to the US, you are a suspected terrorist and plane hijacker.


http://raedinthemiddle.blogspot.com/

The T-shirt police are at it again. Wouldn't want to scare passengers on a plane.

Best line

Quote:
Then I once again asked the three of them : "How come you are asking me to change my t-shirt? Isn't this my constitutional right to wear it? I am ready to change it if you tell me why I should. Do you have an order against Arabic t-shirts? Is there such a law against Arabic script?" so inspector Harris answered "you can't wear a t-shirt with Arabic script and come to an airport. It is like wearing a t-shirt that reads "I am a robber" and going to a bank".


Cycloptichorn
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