05 December 2001

Arab American Groups Pursue Information on Detainees

Washington -- Sixteen American civil liberties organizations filed the first lawsuit December 5 requesting the disclosure of basic information about individuals arrested and detained since September 11.

Two major Arab American groups, the American-Arab Anti-Discrimination Committee (ADC) and the Arab-American Institute (AAI), and a leading Muslim-American organization, the Council on American Islamic Relations (CAIR), have joined the lawsuit filed under the Freedom of Information Act (FOIA), hoping to compel the Department of Justice to release more information about persons now being held by federal law enforcement authorities.

The Arab and Muslim American groups have worked in cooperation with civil liberties watchdog organizations like the American Civil Liberties Union (ACLU) in seeking more public information on hundreds of detainees. Pressure to learn more about the detainees also emanates from Congress.

Attorney General John Ashcroft released limited information November 28 on the detainees, 563 of whom are being held on immigration violations and 110 for criminal violations.

The numbers reveal what many suspected but could not be determined from prior information released by the Justice Department: most are being held on immigration violations, including 10 who are also charged with federal crimes. Most of them are from Middle Eastern or Central Asian nations.

Ashcroft refused to release the names of immigration detainees, saying the disclosure would be "too sensitive for public scrutiny."

Testifying December 6 before the Senate Judiciary Committee, Ashcroft told lawmakers the Department of Justice's efforts to combat terrorists were carefully crafted to avoid infringing on constitutional rights while saving American lives.

Ashcroft said the conversations of fewer than 20 inmates were being monitored because "we suspect that these communications (with attorneys) are facilitating acts of terrorism," but said that no one was being denied contact with their lawyer or family.

In their statements pertaining to the lawsuit, ACLU and Arab-American organizations were careful to point out that it "does not question the importance of, and absolute need for, the government's investigation...some of which must be kept confidential." The lawsuit requests that the government release information they say is "traditionally available to the public to ensure the government's actions are consistent with due process and constitutional protections."

Among other things, the groups request more information on the identity of the detainees; where they are being held; for how long and the nature of the charges against them.

This information is being sought under The Freedom of Information Act (FOIA). First enacted in 1966, FOIA provides that any person has the right to request access to federal agency records or information. All agencies of the United States government are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court.

Over the years, governmental resistance to releasing information has generated hundreds of court cases, including more than 20 Supreme Court decisions.

With a few exceptions, court decisions have tended to favor the point of view of government agencies, especially in cases involving personal privacy and national security, according to Harry Hammitt, editor of Access Reports and a long-time chronicler of FOIA legislation and court cases.

Sheryl Walter, who served as general counsel of the National Security Archive from 1989 to 1994, agreed that many times "there is a presumption among judges that what the agency did was rational and responsive to the law." But, she said, "In my experience, the courts have been willing to look beyond that and in some cases rule in favor of the plaintiffs. In fact, I've been impressed at how seriously judges take their responsibility and put the government agencies to the test."

Participation in this lawsuit is one of the steps Arab and Muslim American interest groups have taken to protect the interests of their constituents in the United States. Working within the traditional American political structure, their outreach to news organizations, politicians, and grassroots community members across the United States appears to bear fruit. The image of U.S. Muslims improved significantly in the eyes of their fellow Americans after the terrorist attacks, despite fears that the opposite would occur, according to a survey released December 6. Fifty-nine percent of Americans had a favorable view of U.S. Muslims in November, compared to 45 percent in March, according a survey conducted by the Pew Research Center for the People and the Press.