Monday, April 20, 2009

U.S. Border Screening Under Fire

U.S. Border Screening Under Fire

By Spencer S. Hsu
Washington Post Staff Writer
Monday, April 20, 2009
http://www.washingtonpost.com/wp-dyn/content/article/2009/04/19/AR2009041902276.html

[ To see Muslim Advocates Report go to http://www.muslimadvocates.org/documents/Unreasoneable_Intrusions_2009.pdf ]

Civil liberties groups are renewing calls for the Obama administration to change screening at border posts by limiting questions about Americans' political beliefs and religious practices and establishing a process for U.S. citizens and residents who are mistakenly included on terrorist watch lists to clear their names.

In a report to be released today, the Asian Law Caucus of San Francisco cited more than 40 complaints from U.S. citizens and immigrants that it has received since 2007 as evidence of "a much wider pattern of profiling and discrimination at U.S. borders."

"Many people in America's Muslim, South Asian and Middle Eastern communities have come to expect harassment and discriminatory treatment at our nation's doorstep" when returning home, the report said.

Separately, Muslim Advocates, the advocacy arm of the National Association of Muslim Lawyers, issued a report saying that citizens should not be threatened with detention for not answering questions that go beyond establishing their legal status to enter the United States or whether they are carrying contraband.

The actions come as civil liberties groups press for a swifter response by the new Democratic president and Congress to long-standing complaints that security measures adopted after the Sept. 11, 2001, terrorist attacks have subjected innocent travelers to unwarranted delays and scrutiny.

Over the years, watch-list mismatches have entangled countless individuals whose names are similar to those on the government's master database of terrorism suspects, which includes more than 1 million names and aliases used by 400,000 people.

"People think watch lists have been fixed and the problem has gone away. They haven't gone away, they've been institutionalized, and it's going to take affirmative action by the Obama administration to fix this stuff," said Christopher Calabrese, counsel for the American Civil Liberties Union's technology and liberty program.

A Department of Homeland Security spokeswoman, Amy Kudwa, declined to comment, saying that the department had not seen the reports. Kudwa added that Secretary Janet Napolitano had ordered "a wide-ranging review of all of our border security immigration policies and procedures," which is ongoing.

The Asian Law Caucus said the agency responsible for border inspections, U.S. Customs and Border Protection, should inform travelers who have concerns that they can submit complaints immediately on-site to a redress program. It also said the government should publicize an appeals process and establish a neutral board to review cases of people who think they are improperly listed.

Both reports urged the DHS to prohibit profiling based on race, ethnicity, religion and national origin in border inspections.

The DHS has received more than 54,500 requests for redress since February 2007 and closed 31,000 of them, according to the Transportation Security Administration. Critics say the program does not inform travelers whether their names are listed, whether any change has been made or how to get off the watch list and avoid being relisted.

Thursday, April 9, 2009

Bringing it all back home: Obama's efforts to repair relations with Muslims abroad are admirable. But what about those living in the US

http://www.guardian.co.uk/commentisfree/cifamerica/2009/apr/09/barack-obama-islam-muslims-us

By Wajahat Ali (Guardian UK April 9, 2009)



While visiting Turkey this week, President Barack Hussain Obama, the multicultural Superman for the globalised world, proclaimed: "The United States has been enriched by Muslim Americans," despite a recent ABC/Washington Post poll showing 48% of Americans hold an unfavourable opinion of Islam, the highest unfavourablity rating since 2001.

With his inaugural world tour, President Obama's rhetoric hopes to repair and rebuild diplomatic bridges with Muslim countries recklessly abandoned by George Bush's aggressive, Yosemite Sam foreign policy – one which resulted in heightened animosity, mutual mistrust, and civilian causalities written off as collateral damage. However, perhaps the frayed relationship with Muslim citizens at home in the US should also be considered.

After avoiding Muslim American organizations, mosques and high profile leaders like the plague during his campaign, Obama now embraces them under his United Colours of Benetton tent by stating: "Many other Americans have Muslims in their family, or have lived in a Muslim-majority country. I know, because I am one of them."

Ironically, the traditional "Sick Man of Europe" – the disparaging nickname attributed to Turkey since the 19th century – blossoms like a passionately coveted maiden wooed by the new "Sick Man of the World," the US. Because it has Nato's second largest army, a moderate disposition towards Israel, a respect for secular democracy, and a valuable border with Iraq, Turkey emerges as a "critical ally" for the United States and an ideal training ground for Obama's foreign diplomacy.

The president's attempt to persuade "the Muslim world" that "the United States is not and will never be at war with Islam" is encouraging and honourable but perhaps naively idealistic. One cannot blame Muslims for feeling a little skeptical when confronted with the eight-year reality of the Bush administration's unilateral invasion of Iraq and Afghanistan, belligerent rhetoric towards Muslim countries, and the continued scapegoating and profiling of many Muslim Americans as Manchurian candidates and potential undercover jihadists.

In light of these hysterical and terrifying times, Obama earns respect for his rhetoric reflecting confidence, humility and conciliation as he encouraged a "partnership with the Muslim world." Although Muslims and Europeans alike rapturously applauded his words, the reality remains that 53% of Americans "don't personally know a Muslim" and 55% concede "they lack a good basic understanding of Islam." Due to Muslims, Islam and the Middle East appearing ubiquitously in the mainstream media over the past eight years, it is of no surprise that "29% express the belief that mainstream Islam' encourages violence against non-Muslims." When the oft-repeated, stereotypical depictions of a richly diverse and multicultural population of 1.5 billion is limited to sensational acts of extremism, violence and fanaticism exhibited by a fractional minority can there be any other result?

If partnership with Muslims is truly our intention, then the hand must first be extended to Muslims at home. Sadly, this was not the case when the FBI recently admitted to planting an informant at a California mosque, whose mission was to pose as a Muslim and actively "recruit terrorists." This revelation follows in the footsteps of the FBI's myopic decision last fall to cut off relations with the largest American Muslim civil rights organization, Council on American Islamic Relations (Cair) - undoubtedly a move influenced by certain powerful lobby groups. Deceptive, disrespectful and disingenuous methods like these continue to erode the FBI's dwindling currency with a patriotic Muslim American population eager to assist the government in its anti-terrorism efforts. However, they must first be treated as partners and not suspects.

Undoubtedly, this paranoid view of Muslim Americans as potential ticking time bombs corrupts the national mindset. Recently, the airline AirTran kicked a Muslim American family off the plane due to "suspicious behavior" and refused to rebook them despite requests from FBI agents, who had escorted the family off the plane, performed a detailed background check, and cleared them of any wrongdoing. Moreover, not too long ago nearly 13% of registered voters were convinced Obama was secretly a Muslim.

However, despite the fear-mongering shamefully hawked by an ignorant minority – such as Republican Senator Jon Kyl, who recently hosted the unabashedly xenophobic Geert Wilders and his Islamophobic movie in the Capitol – Obama should be commended for reaching out to civic-minded Americans, who also happen to be Muslims. Obama tapped Rashad Hussain, a talented and dynamic American Muslim, as his deputy associate counsel. Obama's faith advisory council now includes Dalia Mogahed, the head of the Gallup Centre for Muslim Studies, and Eboo Patel, the founder and executive director of the Interfaith Youth Core.

Both Mogahed and Patel were invited to speak by Senator John Kerry in front of the Senate foreign relations committee at an event entitled, "Engaging with Muslim communities around the world," coincidentally hosted on the same day as Senator Kyl's screening of the inflammatory movie. The actions of Kyl and Kerry illuminate two paths: one that continues to fuel hatred, prejudice and fear by perpetuating virulent stereotypes, and another that seeks mutual understanding and partnership through active dialogue and engagement.

One hopes Obama's respectful tone and words of friendship in a domestic and international arena can eventually transform pretty rhetoric into an enlightened policy that gradually dissolves the poisonous suspicions - and delivers a much-needed catharsis for all.

Wajahat Ali is a Muslim American of Pakistani descent. He is a writer and attorney, whose work, The Domestic Crusaders is the first major play about Muslims living in a post 9/11 America. He is the Associate Editor of Altmuslim.com.

Monday, April 6, 2009

FBI Muslim outreach harmed by abusive tactics

By Dr. Agha Saeed, Special to IFN
http://www.infocusnews.net/content/view/33139/1029/

A recent statement by a coalition of major national Islamic organizations cited a number of incidents in which the government unfairly targeted American mosques and Muslim groups and said concern over those abuses could result in the suspension of long-standing community outreach initiatives with the FBI.
That statement, issued by the American Muslim Taskforce on Civil Rights and Elections, is at its heart really a call for increased engagement and dialogue based on mutual respect and the preservation of constitutionally-protected civil and religious rights, not just on photo opportunities.


The essence of civic engagement, as practiced by Dr. Martin Luther King, is to create public awareness of unjust policies and tactics and to make it impossible for an oppressive status quo to be sustained.



American Muslim concerns are centered on four main factors: infiltration of mosques and systematic intimidation of religious leaders (Imams); use of agents provocateurs; use of the questionable category of unindicted co-conspirators to undermine major Muslim organizations, and denial of the First Amendment right to petition the government for a redress of grievances for organizations articulating a Muslim point of view on peace with justice in Palestine and elsewhere.



In its statement, AMT noted that "the FBI sent a convicted criminal to pose as an agent provocateur in several [California] mosques." Muslims find these FBI-induced false conversions a profoundly hurtful violation of their religious freedoms. AMT also cited the FBI’s disengagement from the Council on American-Islamic Relations, the nation’s largest and most respected Muslim civil rights organization, and the "unjustified" designation of some 300 groups and individuals as "unindicted co-conspirators" in conjunction with the Holy Land Foundation trial in Dallas, Texas.



As demonstrated by the AMT statement, American Muslims are very concerned about the negative impact these and other incidents have on ordinary American Muslims and on productive relations with law enforcement officials.



Because the FBI has been monitoring mosques and Islamic organizations and questioning individuals without credible evidence of illegal activity, Muslims are increasingly afraid to go to their houses of worship, to speak openly or to become involved in Islamic organizations and events.



These intimidating government actions are apparently permitted under new Justice Department guidelines that have been strongly criticized by civil liberties groups. Those guidelines, which took effect in December of last year, lowered the threshold for beginning FBI investigations and allowed race and ethnicity to be factors in opening a probe.



Even legal public advocacy efforts by American Muslims are being targeted. Texas law enforcement "fusion center" recently issued an alert stating that it is "imperative for law enforcement officers to report" the legal activities of Muslim lobbying and civil rights groups in their areas.



In Minnesota, Somali Muslims have expressed concerns about FBI tactics that they say amount to religious profiling. Some 50 to 100 individuals say they’ve been stopped by FBI agents in recent months.



When investigations do result in an arrest, the charges often fall under immigration or document fraud, tax evasion, and lying to federal officers, though the cases are touted as victories against "terrorism." In at least one recent case, such charges were viewed as payback for an individual’s refusal to act as an informant. The person targeted alleges that an FBI agent threatened to make his life a "living hell" if he refused to be an informant.



Following these reports, and after largely unsuccessful attempts to engage the FBI on these issues, American Muslim groups came to the conclusion that a dramatic action like considering the suspension of outreach relations would was unavoidable.



Muslims are not considering severing all ties with law enforcement agencies, but would only suspend participation in public relations efforts such as town hall meetings, diversity training and participation in FBI citizens’ academies that came to be viewed as public relations cover for behind-the-scenes abuses. Reporting of suspected criminal activities or of anti-Muslim hate crimes would continue.



This effort is not a campaign of disengagement, but is instead designed to truly engage top Justice Department officials on these critical issues. It is also designed to help restore respect and equal rights for American Muslims after eight years of being treated as suspects rather than partners.



The AMT statement clearly indicates that American Muslims support President Obama’s efforts to help end the marginalization of their institutions carried out under the Bush administration.



American Muslims are sending a clear message that they refuse to be treated as second class citizens and that law enforcement agencies should work with the Muslim community based the "mutual respect" that President Obama championed in his inaugural address.



In a recent congressional hearing, Sen. Russ Feingold (D-WI) asked FBI Director Robert Mueller about AMT’s statement and about the new investigative guidelines. Sen. Feingold asked Mueller:

"Do you think that the new attorney general guidelines are helping or hurting the FBI’s relationship with the U.S. Muslim community? In light of this task force statement, how do you plan to improve that relationship?" Mueller responded by saying the Muslim community "has been tremendously supportive and worked very closely with [the FBI] in a number of instances around the country."



The entire reason for AMT’s existence is to promote positive civic engagement by the American Muslim community. But that engagement, particularly with law enforcement agencies, must be based on fair treatment and the protection of constitutional rights, including the right to practice our religion without interference, harassment, manipulation or vilification.





Dr. Agha Saeed heads the American Muslim Taskforce on Civil Rights and Elections, a coalition of major national Islamic organizations.

Wednesday, April 1, 2009

FBI director questioned about Muslim relations

http://www.infocusnews.net/content/view/33149/135/

By Southern California In Focus News Staff


ANAHEIM, Calif. – The controversy over reports of an FBI informant infiltrating southern California mosques and the FBI’s overall conduct toward American Muslims were subjects of a Senate hearing last month, generating vague answers from FBI Director Robert Mueller and generating even more concern in a community already feeling fearful and unfairly targeted in a post-9/11 era. In the Senate Judiciary Committee hearing held on Capitol Hill, Sen. Russ Feingold (D-WI) was tough on Mueller.

“Can you determine and report to this committee whether mosques have been entered by FBI agents or informants without disclosing their identities under the authority of the attorney general guidelines and, if so, how many?” Feingold asked.

“I will say that we do not focus on institutions, we focus on individuals. And I will say generally if there is evidence or information as to individual or individuals undertaking illegal activities in religious institutions, with appropriate high-level approval, we would undertake investigative activities, regardless of the religion,” Mueller responded in part.

Mueller, in regurgitating the domestic intelligence and investigative agency’s standard line, in fact contradicted claims of Craig Monteilh, an Orange County man who has publicly revealed how he was trained to “infiltrate” area mosques – from West Covina to Mission Viejo – to spy on unsuspecting worshippers, for almost a year.

Monteilh’s accounts prompted Muslim community leaders and groups to question the true intention behind the FBI’s partnership with U.S. Muslims.

A highlight of the Senate testimony was a reference to the American Muslim Taskforce statement, released March 17. That statement was part of a nationally-coordinated campaign by Muslims to decisively respond to the FBI’s aggressive tactics.

In the statement, the coalition of national Muslim organizations said they are considering severing outreach ties and public relations work with the FBI unless the agency revamps its “McCarthy-era tactics” that unfairly target the Muslim community, its mosques and institutions.

The AMT statement led Sen. Feingold to ask Mueller if he thought the new attorney general guidelines (implemented Dec. 1, 2008) are helping or hurting the FBI’s relationship with the U.S. Muslim community and in light of the AMT statement, how he planned to improve that relationship.

To that, Mueller responded: “Expectation is that our relationships are as good now as before the guidelines…”

Last December, former Attorney General Michael Mukasey, under the auspices of the Bush Administration, approved guidelines for the FBI that lower the threshold for conducting investigations, allow for informants to spy on people without probable cause, and further permit the FBI to take into account a person’s religion and ethnic background as factors to open an investigation – essentially making lawful racial and religious profiling.

The extensive AMT statement describes the contributions of the American Muslim community and outlines how the FBI’s sending in agent provocateurs to incite worshippers undermined relations between the agency and Muslims.

“Through civil rights advocacy, civic and political engagement, and the promotion of dialogue with interfaith leaders and law enforcement agencies, Muslim Americans continue to be a positive and stabilizing force in keeping our nation safe and secure from acts of violence and foreign threats … Yet recent incidents targeting American Muslims lead us to consider suspending ongoing outreach efforts with the FBI … Bias and faulty premises dominated post-9/11 law enforcement analysis of the Muslim community and the threat assessment to national security. The waning days of the previous administration witnessed a flourishing of anti-Muslim activity … These McCarthy-era tactics are detrimental to a free society.”

Major Muslim organizations – the American Muslim Alliance, Council on American-Islamic Relations, Muslim American Society - Freedom, Islamic Circle of North America, Muslim Student Association-National, MSA West, more than 30 other mosques and Muslim groups – have endorsed the AMT statement.

Additionally, more than 50 activists and well-respected academics – including John Esposito, Ali Mazrui, and Hatem Bazian – have signed on to the AMT statement.

The Muslim Public Affairs Council and the Islamic Society of North America, which did not sign on to AMT’s statement, have nonetheless called for accountability of the FBI’s actions while maintaining open lines of communication.

“Federal law enforcement cannot establish trust with American Muslim communities through meetings and townhall forums, while at the same time sending paid informants who instigate violent rhetoric in mosques. This mere act stigmatizes American mosques and casts a shadow of doubt and distrust between American Muslims and their neighbors,” a Feb. 25 MPAC statement said.

MPAC Executive Director Salam Al-Marayati later stated about MPAC‘s continued outreach ties to the FBI: “We believe that we have to keep our place at the table in this discourse.”

ISNA, in a news release, stated: “ISNA believes that communications with law enforcement agencies should remain open and it is not in favor of ending contacts with the FBI.”

AMT Chairman Agha Saeed, however, said the AMT’s effort is not a campaign of disengagement.

“It is instead designed to truly engage top Justice Department officials on these critical issues,” Saeed said. “It is also designed to help restore respect and equal rights for American Muslims after eight years of being treated as suspects rather than partners.”

The two distinct and, to an extent, conflicting approaches as to whether to continue outreach with the FBI have led some in the Muslim community to question whether a less than united stance will impact Muslims’ ability to hold the agency responsible and therefore, force it to correct its wrongdoings against a community constantly viewed as suspect.

Faisal Qazi, a neurologist and longtime activist in southern California, wrote an open letter to Muslim leaders.

“If a Muslim leader of any of our national groups supporting full maintenance of engagement is to be detained today, these groups would inevitably no longer stay on the table for continued so-called engagement,” wrote Qazi. “Therefore, the question is where do you draw the line? The line for grassroots movements is drawn when an average individual such as (Ahmad) Niazi is affected or in solidarity for all those families who have been harassed by recent intrusions but for others, the threshold may be much higher.”

On the subject of engagement with the FBI, the Islamic Shura Council of Southern California – an umbrella organization of more than 70 mosques and Islamic centers – polled Muslims in March.

In the poll, 78 percent of respondents said American Muslims should have “no relationship at all [with the FBI] until they stop unfairly targeting” Muslims or “end outreach relationship and limit communication to ‘as needed.’” The remaining 22 percent said Muslims should maintain an ongoing relationship with the FBI, “no matter what.” In February, the ISCSC and many other southern California Muslim groups suspended their outreach work with FBI’s Los Angeles office.

For the past two months, the issue of FBI informants at mosques has captured national and international media spotlight, prompted by the FBI’s Feb. 20 arrest of Niazi, a 34-year-old U.S. citizen, on charges of immigration fraud.
Niazi, in 2007, was one of the first worshippers at the Islamic Center of Irvine to report Monteilh, who had made violent statements against America and intimated to worshippers that he had access to explosives.

Monteilh was promptly reported to the Irvine Police Department and the Los Angeles FBI office at that time. In 2008, Niazi further reported to CAIR-Los Angeles Area that he was asked by an FBI agent to become an informant, otherwise his life would be made “a living hell.” It was later confirmed that Monteilh was a convicted felon who was recruited and paid by the FBI to infiltrate mosques and spy on worshippers.

The Orange County Register wrote a biting editorial on Monteilh’s “fishing expeditions.”

“Everyone understands the need for legitimate undercover activities in response to credible evidence. But we cannot fathom the justification for fishing expeditions and entrapment. Nationwide, some of the supposed terrorist ‘plots’ the FBI has claimed to have foiled have simply been cases of entrapment involving Muslims without the intent or wherewithal or to pull off any attacks. Infiltrating mosques without evidence of crime is an affront to the First Amendment.”

Both Mueller and FBI spokesman John Miller say the agency values its partnership with Muslims.

“Limiting honest dialogue, especially when complex issues are on the table, is generally not an effective advocacy strategy,” Miller said in a written release.

However, Hussam Ayloush, executive director of CAIR-LA and an AMT member, disagrees.

“The problem is that many in the Muslim community no longer feel confident that the FBI is pursuing an honest dialogue with the Muslim community,” Ayloush said. “This was the result of confirmed reports that, while the Muslim community engaged in honest partnership building and dialogue with the FBI for eight years, the FBI was paying convicted felons to ‘infiltrate’ mosques to radicalize Muslim youths and instigate talks about terrorism action. Integrity and honesty are the foundation of any relationship.”

Last year, the FBI privately ended formal relations with the offices of CAIR, the largest Muslim civil rights group in the country. FBI officials never informed CAIR representatives of the reasons behind their decision but recently said, in writing, that they want to limit “any formally constructed partnerships between CAIR and the FBI” based on concerns relating “to a number of distinct narrow issues specific to CAIR and its national leadership.”

The AMT statement points to the “unindicted co-conspirator” designation given to 300 Muslim individuals and groups, including CAIR, in the trial of Holy Land Foundation charity as a possible reason. The move was illegal and seen as politically-oriented and criminalizing the Muslim community.

CAIR has called the FBI allegations a “campaign of smears and misinformation.”

“It is not surprising that we would be targeted in a purely political move by those in the previous administration who sought to prevent us from defending the civil rights of American Muslims,” said CAIR National Communications Director Ibrahim Hooper, in a statement.

CAIR officials also said the organization has regularly advocated engagement, based on mutual respect, with law enforcement and the FBI, sponsoring diversity trainings, joint workshops and town halls with FBI agents, and assisting with investigations.

American Muslims and the FBI now walk a rocky course while seeking a balance between national security and the protection of civil liberties. Muslims will continue to report any suspicious activity or threats to law enforcement, the AMT statement says.

Muslim leaders observe that the fate of American Muslims mirrors that of other minorities who they say were intimidated by government forces and stripped of their humanity yet continued to stand up and eventually gained respect and their true place in society.

Said the OC Register editorial: “The FBI’s activities have led a consortium of Muslim groups to ‘consider suspending ongoing outreach efforts with the FBI.’ We can hardly blame them. Perhaps the Obama administration will rethink this counterproductive and un-American strategy.”