A small crack in wall of repression
Haddad's hearing must be opened
By Jane Cutter
Ann Arbor, Mich.
A small crack has been opened in the government's draconian
seizure and detention without cause of Arab and Muslim
immigrants.
On April 3, a federal judge in Detroit ruled that trials and
hearings involving immigrants rounded up by the U.S. government
in the wake of the Sept. 11 attacks must be open to the public.
The suit had been filed by the American Civil Liberties Union
on behalf of the Ann Arbor News, the Metro Times of Detroit and
two other newspapers, as well as U.S. Rep. John Conyers, a
founding member of the Congressional Black Caucus.
The case involves Rabih Haddad, a Lebanese immigrant and
Muslim community leader who has resided in Ann Arbor, Mich.,
for some years.
Haddad is a co-founder of the Global Relief Foundation, an
Islamic charity that has been accused of supporting "terrorism"
by the U.S. government. In December, the U.S. government seized
GRF's assets and arrested Haddad at his home in Ann Arbor on
the eve of Eid al Adha, an important Muslim holiday marking the
end of Ramadan.
Since his arrest, ostensibly for overstaying a tourist visa,
Haddad has been behind bars. While initially held in a county
jail in the Detroit area, he was later moved to Chicago. There
he was at first held in maximum-security, "super-solitary"
conditions. However, as a result of pressure from his
supporters, he has since been moved to the general
population.
Haddad has appeared at three immigration hearings since his
arrest. All these hearings were ordered closed to the public
and press. Authorities cited a Justice Department policy issued
in a Sept. 21 memo by Chief Immigration Judge Michael Creppy.
The "Creppy Memo" issued guidelines for cases for which "the
Department of Justice is requiring special arrangements." The
Justice Department, now run by arch-conservative Atty. Gen.
John Ashcroft, is behind the closing of hundreds of immigration
hearings of Arab and Muslim men detained after Sept. 11.
In an example of looking-glass logic, the government argued
against the ACLU that the secret trials were needed to
"protect" the detainees from being stigmatized, as well as to
encourage them to cooperate with the investigation. Judge Nancy
Edmunds rejected this argument, writing, "the subtext is all
about the government's right to suspend certain personal
liberties in the pursuit of national security.
"It is important for the public, particularly individuals
who feel that they are being targeted by the government as a
result of the terrorist attacks of Sept ember 11, to know that
even during these sensitive times the government is adhering to
immigration procedures and respecting individuals' rights,"
Edmunds also wrote.
But not all judges profess such concern about civil
liberties. On April 5, U.S. District Judge Wayne Anderson ruled
that the government can use secret evidence in the case against
Global Relief Foundation in order to "prove" the charity has
links to terrorist activities. The evidence was presented in
court without the attorneys for GRF being present.
Michigan ACLU Executive Director Kary Moss condemned the
decision, arguing that the use of secret evidence is contrary
to principles of the U.S. justice system.
Haddad's next court appearance is on April 10. His wife,
Salma Al-Rashaid, and three of his four children also face
deportation. It would appear that this ruling means that the
April 10 proceedings will be open to Haddad's family,
supporters and the press. However, opening Haddad's hearing,
and the hearings of others like him, is just a first move
toward shoring up the civil liberties of immigrants, which have
been virtually abandoned in the name of "investigating
terrorism."
Reprinted from the April 18, 2002, issue of
Workers World newspaper
This article is copyright under a Creative
Commons License.
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