DOS Cable re: U.S. Response to UNCHR Report on the Situation of Muslim and Arab Peoples

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074297
SOURCE: CBLEXCLS.004953
DRAFTED BY: L/HRR:NSCHOU -- 03/21/2003 202-647-2731
APPROVED BY: IO/FO:JCPERRY
L/HRR:ASURENA
DRL/MLA:LSICADE

485E0D 211347Z /38
O P 211341Z MAR 03
FM SECSTATE WASHDC
TO USMISSION GENEVA IMMEDIATE
INFO USMISSION USUN NEW YORK PRIORITY

UNCLAS STATE 074297

E.O. 12958: ' N/A
TAGS: PHUM, UNCHR-1
SUBJECT: US RESPONSE TO UNHCHR SR REPORT ON THE SITUATION
OF MUSLIM AND ARAB PEOPLES

1. FOLLOWING IS THE RESPONSE OF THE «UNITED» «STATES» OF AMERICA
TO A REPORT FROM THE SPECIAL RAPPORTEUR ON CONTEMPORARY FORMS

OF RACISM, RACIAL DISCRIMINATION,. XENOPHOBIA AND RELATED
INTOLERANCE, ENTITLED "SITUATION OF MUSLIM AND ARAB PEOPLES
IN VARIOUS PARTS OF THE WORLD IN THE AFTERMATH OF THE EVENTS
OF 11 SEPTEMBER 2001" (E.CN.4.2003.23).

2.
MISSION IS REQUESTED TO TRANSMIT THE RESPONSE CONTAINED
IN PARA. 3 TO THE SECRETARIAT OF THE COMMISSION ON HUMAN
RIGHTS AND REQUEST THE SECRETARIAT TO PUBLISH OUR RESPONSE AS
A U.N. DOCUMENT TO BE AVAILABLE FOR ALL DELEGATES WHEN
CONSIDERING ITEMS UNDER AGENDA ITEM 6.

3.
RESPONSE OF THE «MUTED» «STATES» OF AMERICA TO THE REPORT OF
THE SPECIAL RAPPORTEUR ON CONTEMPORARY FORMS OF RACISM,
RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE ON
THE SITUATION OF MUSLIM AND ARAB PEOPLES IN VARIOUS PARTS OF
THE WORLD IN THE AFTERMATH OF THE EVENTS OF 1-1 SEPTEMBER 2001 -

(E.CN.4.2003.23).

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UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD
DATE/CASE ID: 19 OCT 2004 200303827 UNCLASSIFIED0DOS-002338
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THE GOVERNMENT OF THE «UNITED» «STATES» WELCOMES THE OPPORTUNITY

TO RESPOND TO THE ABOVE-MENTIONED REPORT WHICH EXAMINES THE

SITUATION OF MUSLIM AND ARAB PEOPLES IN VARIOUS PARTS OF THE

WORLD, INCLUDING THE «UNITED» «STATES», IN THE AFTERMATH OF THE

EVENTS OF 11 SEPTEMBER 2001. SINCE 11 SEPTEMBER 2001, THE

«UWITED» «STATES» HAS MOBILIZED UNPRECEDENTED RESOURCES TO

PREVENT FURTHER ATTACKS AGAINST THE «UNITED» «STATES», WHILE AT

THE SAME TIME ENSURING RESPECT FOR CIVIL LIBERTIES. IN OUR

FIGHT AGAINST TERRORISM, THE «MUTED» «STATES» RECOGNIZES THAT
ALL ETHNIC, NATIONAL AND RELIGIOUS GROUPS ARE ENTITLED TO

EQUAL TREATMENT UNDER THE LAW. WE RECOGNIZE THAT THE

OVERWHELMING MAJORITY OF MUSLIMS AND ARABS IN OUR COUNTRY ARE

LAW ABIDING RESIDENTS AND CITIZENS, AND WE DO NOT TOLERATE

BIAS MOTIVATED ATTACKS AGAINST THEM.

WITHIN OUR GOVERNMENT, THE U.S. DEPARTMENT OF JUSTICE

("JUSTICE DEPARTMENT") HAS LED OUR NATION'S FIGHT AGAINST
TERRORISM IN AMERICA. THE JUSTICE DEPARTMENT HAS TAKEN EVERY
STEP, USED EVERY TOOL AT ITS DISPOSAL, AND EMPLOYED EVERY
AUTHORITY UNDER THE LAW TO PREVENT FURTHER ACTS OF TERRORISM
AND TO PROTECT INNOCENT AMERICAN LIVES, WHILE PRESERVING THE
CONSTITUTIONAL LIBERTIES THAT ALL AMERICANS CHERISH.

TOWARD THIS END, THE JUSTICE DEPARTMENT HAS USED THE FULL

WEIGHT OF THE FEDERAL JUSTICE SYSTEM, INCLUDING ITS CRIMINAL

PENALTIES TO NEUTRALIZE POTENTIAL TERRORIST THREATS BY

PROSECUTING THOSE WHO VIOLATE THE LAW AND THEREBY POSE A
NATIONAL SECURITY RISK. IN SOME CASES, THE JUSTICE
DEPARTMENT HAS PROSECUTED INDIVIDUALS FOR CRIMES NOT DIRECTLY
RELATED TO TERRORISM, JUST AS PROSECUTORS FROM EARLIER
GENERATIONS USED INCOME TAX VIOLATIONS AND SIMILAR OFFENSES
TO CONVICT DANGEROUS, ORGANIZED CRIME FIGURES. THE JUSTICE
DEPARTMENT DOES NOT HESITATE TO USE ANY AVAILABLE CHARGE OR
TOOL TO REMOVE DANGEROUS INDIVIDUALS FROM THE STREETS AND

PROTECT AMERICAN LIVES.

WHEN THE SEPTEMBER 11 INVESTIGATION HAS LED US TO THOSE WHO
HAVE VIOLATED OUR IMMIGRATION LAWS, WE HAVE ENFORCED THOSE
LAWS AND INVOKED OUR STATUTORY AUTHORITY TO DETAIN THOSE
INDIVIDUALS. IN MANY CASES, THE «UNITED» «STATES» DETERMINED THE
BEST COURSE OF ACTION TO PROTECT AMERICANS WAS TO REMOVE

POTENTIALLY DANGEROUS INDIVIDUALS FROM THE COUNTRY AND ENSURE
THAT THEY COULD NOT RETURN.

THE SEPTEMBER 11 INVESTIGATION HAS GENERATED HUNDREDS OF
LEADS IMPLICATING ALIENS IN THE «UNITED» «STATES», LEADS RANGING
FROM POSSIBLE INVOLVEMENT IN THE ATTACKS TO POSSIBLE
POSSESSION OF MATERIAL INFORMATION CONCERNING THOSE ATTACKS.
IN IDENTIFYING THE INDIVIDUALS OF INTEREST TO THE

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INVESTIGATION, THE JUSTICE DEPARTMENT FOCUSED ON INDIVIDUALS

WHO CAME FROM COUNTRIES IN WHICH AL QAEDA AND OTHER TERRORIST

GROUPS OPERATE, AS WELL AS INDIVIDUALS BELIEVED TO HAVE

KNOWLEDGE OF RELIABLE AND USEFUL INFORMATION ABOUT AL QAEDA,

THE SEPTEMBER 11 TERRORIST ATTACKS, OR THE SEPTEMBER 11

HIJACKERS. THE JUSTICE DEPARTMENT DID NOT TARGET THESE

INDIVIDUALS SIMPLY BECAUSE OF THEIR NATIONALITY, RACE,

RELIGION, ETHNICITY, OR CULTURAL IDENTITY, AS THE REPORT

ALLEGES, BUT RATHER BECAUSE THEY WERE OF A SPECIAL

INVESTIGATIVE INTEREST TO LAW ENFORCEMENT.

U.S. COMMITMENT TO NON-DISCRIMINATION

IT IS THE LAW AND POLICY OF THE «UNITED» «STATES» TO PROVIDE EQUAL TREATMENT OF ALL NATIONAL, ETHNIC AND RELIGIOUS GROUPS. SINCE 11 SEPTEMBER 2001, THE ATTORNEY GENERAL AND OTHER JUSTICE DEPARTMENT OFFICE HAVE MET WITH LEADERS OF VARIOUS GROUPS, INCLUDING THE ARAB, MUSLIM AND SIKH COMMUNITIES TO EXCHANGE INFORMATION AND CONCERNS ABOUT THE SEPTEMBER 11 INVESTIGATION. THE ATTORNEY GENERAL AND OTHER «UNITED» «.§TATES» GOVERNMENT OFFICIALS HAVE ALSO MADE NUMEROUS PUBLIC STATEMENTS URGING AMERICANS TO PRACTICE UNITY AND TOLERANCE.
ON 25 SEPTEMBER 2001, THE ATTORNEY GENERAL RECORDED A

PUBLIC SERVICE ANNOUNCEMENT TO PROMOTE TOLERANCE AND TO

DISCOURAGE ETHNICALLY AND RELIGIOUSLY MOTIVATED HARASSMENT
AND CRIMES AGAINST THE ARAB, SIKH AND MUSLIM COMMUNITIES.
THE ANNOUNCEMENT READ:

HELLO, THIS IS ATTORNEY GENERAL JOHN ASHCROFT. SEPTEMBER

11TH MARKS A TRAGIC DAY - A DAY WHEN UNSPEAKABLE ACTS OF

TERROR WERE COMMITTED ON OUR SOIL. ALTHOUGH WE ARE OUTRAGED,

WE MUST NOT LET ANGER TURN TO HATRED AGAINST OUR PATRIOTIC

FELLOW AMERICANS. WE MUST NOT TARGET ARAB AMERICANS,

AMERICAN MUSLIMS OR SIKHS. ACTS OF HATE RUN COUNTER TO OUR

PRINCIPLES OF EQUALITY AND FREEDOM. THEY WILL BE PROSECUTED.

PLEASE BE RESPECTFUL OF ALL OUR NEIGHBORS. GOD BLESS
AMERICA.

THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION HAS
ALSO BEEN ACTIVE IN HIS OUTREACH EFFORTS, AND HAS SENT A
CLEAR MESSAGE TO THE FEDERAL BUREAU OF INVESTIGATION
REGARDING ITS COMMITMENT TO VIGOROUSLY INVESTIGATE AND
PROSECUTE HATE CRIMES. ON 17 SEPTEMBER 2001, THE DIRECTOR OF
THE FEDERAL BUREAU OF INVESTIGATION PUBLICLY ANNOUNCED ITS
COMMITMENT TO VIGOROUSLY INVESTIGATE AND PROSECUTE CASES
AGAINST THOSE WHO COMMITTED ACTS OF VIOLENCE AGAINST THE
ARAB, MUSLIM AND SIKH COMMUNITIES.

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JUSTICE DEPARTMENT OFFICIALS, INCLUDING FROM THE
FEDERAL BUREAU OF INVESTIGATION AND THE CIVIL RIGHTS
DIVISION, HAVE ALSO MET REGULARLY WITH LEADERS OF THE ARAB,
MUSLIM AND SIKH COMMUNITIES TO HEAR THEIR CONCERNS AND ENSURE
THAT THE JUSTICE DEPARTMENT AND THE FEDERAL BUREAU OF
INVESTIGATION WORK COOPERATIVELY WITH THOSE COMMUNITIES. AS
THE ASSISTANT ATTORNEY GENERAL FOR THE CIVIL RIGHTS DIVISION

STATED ON 13 SEPTEMBER 2001, "(A)NY THREATS OF VIOLENCE OR
DISCRIMINATION AGAINST ARAB OR MUSLIM AMERICANS OR AMERICANS
OF SOUTH ASIAN DESCENTS ARE NOT JUST WRONG AND UN-AMERICAN,
BUT ALSO ARE UNLAWFUL AND WILL BE TREATED AS SUCH."

COMBATING BIAS-MOTIVATED ATTACKS AGAINST MUSLIMS AND ARABS

THE JUSTICE DEPARTMENT REPORTS THAT, AFTER THE SEPTEMBER 11
TERRORIST ATTACKS, THERE WAS AN INCREASE IN HATE CRIMES
AGAINST ARABS, MUSLIMS, AND SIKHS (MISTAKEN FOR MUSLIMS)
RESIDING IN THE «MUTED» «STATES». THE RATE OF THOSE OFFENSES
THEN DROPPED PRECIPITOUSLY WITHIN A FEW WEEKS UNTIL, AS OF
MID-JANUARY, 2002, THE RATE HAD NEARLY RETURNED TO THE LOW
RATE PREVAILING BEFORE 11 SEPTEMBER 2001.

THE «MUTED» «STATES» HAS MADE CLEAR THAT ANY ACT OF VIOLENCE OR
DISCRIMINATION AGAINST A PERSON BASED ON THE PERCEIVED RACE,
RELIGION OR NATIONAL ORIGIN OF THAT PERSON IS CONTRARY TO OUR
FUNDAMENTAL PRINCIPLES AND THE LAWS OF THE «UNITED» «STATES».
ANY THREATS OF VIOLENCE AGAINST ARAB OR MUSLIM AMERICANS OR
AMERICANS OF SOUTH ASIAN DESCENTS ARE UNLAWFUL AND WILL BE
TREATED AS SUCH. SUCH MISGUIDED ACTS OF HATRED VIOLATE
FEDERAL LAW AND, MORE PARTICULARLY, RUN COUNTER TO THE VERY
PRINCIPLES OF EQUALITY AND FREEDOM UPON WHICH OUR NATION IS
FOUNDED.

THE JUSTICE DEPARTMENT AND THE FEDERAL BUREAU OF
INVESTIGATION ARE COMMITTED TO INVESTIGATING AND PROSECUTING
AGGRESSIVELY VIOLATIONS OF THE FEDERAL HATE CRIME LAWS. THE
CRIMINAL SECTION OF THE CIVIL RIGHTS DIVISION OF THE JUSTICE
DEPARTMENT HAS BEEN MONITORING CAREFULLY THE RATE OF HATE

CRIMES AGAINST ARABS AND OTHERS SINCE THE TERRORIST ATTACKS.
AT THAT TIME, THE CIVIL RIGHTS DIVISION FORMED A HATE CRIMES
WORKING GROUP, INCLUDING PROSECUTORS FROM THE CIVIL RIGHTS
DIVISION AND AGENTS FROM THE FEDERAL BUREAU OF INVESTIGATIONS
CIVIL RIGHTS UNIT, TO MONITOR, INVESTIGATE AND, IF CREDIBLE
EVIDENCE WERE DISCOVERED, PROSECUTE THOSE ACCUSED OF
COMMITTING HATE CRIMES IN RESPONSE TO THE SEPTEMBER 11
ATTACKS.

WHEN INVESTIGATIONS INDICATE UNLAWFUL CONDUCT HAS OCCURRED,
INCLUDING ASSAULTS WITH DANGEROUS WEAPONS AND ASSAULTS

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RESULTING IN SERIOUS INJURY AND «DEATH»; TELEPHONE, INTERNET,
MAIL, AND FACE-TO-FACE THREATS; AND VANDALISM, ARSON,
SHOOTINGS, AND BOMBINGS DIRECTED AT HOMES, BUSINESSES, AND
PLACES OF WORSHIP, THEN PROSECUTION CAN OCCUR. THE FBI HAS
OPENED OVER 400 INVESTIGATIONS SINCE 11 SEPTEMBER 2001,
APPROXIMATELY 40% OF WHICH ARE STILL UNDER INVESTIGATION OR
REVIEW. THE JUSTICE DEPARTMENT HAS INITIATED 12 FEDERAL
PROSECUTIONS OF 17 DEFENDANTS, AND STATE AND LOCAL
PROSECUTORS HAVE INITIATED MORE THAN 80 PROSECUTIONS.

IT SHOULD ALSO BE NOTED THAT THE JUSTICE DEPARTMENT HAS A CONTINGENCY PLAN IN PLACE TO ADDRESS ANY RESURGENCE OF BACKLASH INCIDENTS THAT MAY OCCUR FOLLOWING AN INVASION OF «IRAQ». IN THIS REGARD, THE JUSTICE DEPARTMENT HAS DESIGNATED A HANDFUL OF PROSECUTORS TO FOCUS SOLELY ON BACKLASH MATTERS SHOULD IT BE NEEDED. THEY WOULD ALSO TARGET THOSE ATTEMPTING ATTACKS ON SYNAGOGUES, SHOULD THAT OCCUR. THAT EFFORT WOULD OCCUR SIMULTANEOUSLY WITH A RENEWED OUTREACH EFFORT BY SENIOR JUSTICE DEPARTMENT PERSONNEL.
PREVENTING RACIAL DISCRIMINATION BY AIRLINES:

THE TERRORIST ATTACKS OF SEPTEMBER 11 HAVE ALSO RAISED CONCERNS ABOUT AIRLINE DISCRIMINATION DIRECTED AT INDIVIDUALS WHO ARE, OR ARE PERCEIVED TO BE, OF ARAB, MIDDLE EASTERN, OR SOUTH ASIAN DESCENT AND/OR MUSLIM OR SIKH. THE U.S. DEPARTMENT OF TRANSPORTATION ("DEPARTMENT OF TRANSPORTATION") IS COMMITTED TO ENSURING THAT ALL PERSONS ARE PROVIDED EQUAL PROTECTION OF THE LAWS AND THAT NO PERSON IS SUBJECT TO UNLAWFUL DISCRIMINATION WHEN TRAVELING IN THE «UNITED» «STATES». IT IS THE POLICY OF THE «UNITED» «STATES» GOVERNMENT THAT PERSONS AND THEIR PROPERTY MAY NOT BE DENIED BOARDING OR REMOVED FROM AN AIRCRAFT SOLELY BECAUSE THEY APPEAR TO BE ARAB, MIDDLE EASTERN, ASIAN, AND/OR MUSLIM OR SIKH; OR SOLELY BECAUSE THEY SPEAK WITH AN ACCENT THAT MAY LEAD ANOTHER PERSON TO BELIEVE THEY ARE ARAB, MIDDLE EASTERN, ASIAN, AND/OR MUSLIM OR SIKH. INDIVIDUALS WHO MAY APPEAR TO BE OF ARAB, MIDDLE EASTERN OR SOUTH ASIAN DESCENT AND/OR MUSLIM OR SIKH HAVE THE RIGHT TO BE TREATED WITH THE SAME RESPECT AS PERSONS OF OTHER ETHNICITIES AND RELIGIONS.
NARIOUS FEDERAL STATUTES PROHIBIT UNLAWFUL DISCRIMINATION
AGAINST AIR TRAVELERS BECAUSE OF THEIR RACE, COLOR, RELIGION,
ETHNICITY, OR NATIONAL ORIGIN. ON 21 SEPTEMBER 2001, THE
DEPARTMENT OF TRANSPORTATION SENT A NOTICE TO U.S. CARRIERS,
EITHER DIRECTLY OR THROUGH THEIR ASSOCIATIONS, OF THE NEED TO
CONDUCT THEIR OPERATIONS IN A NONDISCRIMINATORY MANNER. THE
NOTICE REMINDED CARRIERS THAT IT IS NOT ONLY WRONG BUT ALSO
ILLEGAL TO DISCRIMINATE AGAINST PEOPLE BASED ON RACE,

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ETHNICITY, OR RELIGION. THE CARRIERS HAVE BEEN COOPERATIVE
AND HAVE RELAYED TO THEIR EMPLOYEES THE DEPARTMENT OF
TRANSPORTATION NOTICE THAT THEY NOT TARGET OR OTHERWISE
DISCRIMINATE AGAINST PASSENGERS.

ENFORCING IMMIGRATION LAWS

IN THE WAKE OF THE EVENTS OF SEPTEMBER 11, THE JUSTICE
DEPARTMENT'S HIGHEST PRIORITY HAS SHIFTED TO DETECTING AND
PREVENTING TERRORISM, AND DISMANTLING TERRORIST ORGANIZATIONS
AND THE ENTITIES THAT SUPPORT THEM, WHILE PRESERVING OUR
CONSTITUTIONAL LIBERTIES.

CONCERNS HAVE BEEN VOICED WITH THE JUSTICE DEPARTMENT FOR NOT
DISCLOSING A LIST OF THE IDENTITIES OF INDIVIDUALS WHO HAVE
BEEN DETAINED ON IMMIGRATION LAW VIOLATIONS OR WERE DEEMED BY
THE GOVERNMENT TO HAVE ASSOCIATIONS OR INFORMATION RELATING
TO THE SEPTEMBER 11 INVESTIGATION AND RELATED TERRORIST
INVESTIGATIONS.

THE JUSTICE DEPARTMENT'S POLICY IS BASED ON THE PROFESSIONAL JUDGMENT OF SENIOR LAW ENFORCEMENT OFFICIALS, INCLUDING THOSE FROM THE CRIMINAL DIVISION OF THE JUSTICE DEPARTMENT AND THE FEDERAL BUREAU OF INVESTIGATION WITH LEADING ROLES IN THE SEPTEMBER 11 INVESTIGATION. IN THEIR VIEW, DISCLOSURE OF THE IDENTITIES OF THE «DETAINEES» WOULD ENDANGER THE ONGOING INVESTIGATION AND THE «DETAINEES» THEMSELVES. THE DISCLOSURE OF SUCH INFORMATION (AND THE INFORMATION THAT WOULD BE DISCLOSED IN THE REMOVAL HEARINGS FOR THE «DETAINEES») MAY REVEAL SOURCES AND METHODS OF THE INVESTIGATION TO TERRORIST ORGANIZATIONS. IT MAY REVEAL THE LOCATIONS AND WHEREABOUTS OF THE «a:MUM-ZS», PARTICULARLY THOSE COOPERATING WITH THE «UNITED» «STATES» GOVERNMENT IN THE INVESTIGATION. THIS IN TURN
COULD ALLOW TERRORISTS TO EVADE DETECTION AND LEAD.THEM TO
ALTER THEIR FUTURE PLANS, THEREBY CREATING GREATER DANGER TO
PUBLIC SAFETY.

WE THEREFORE DEEMED SEVERAL ACTIONS ESSENTIAL TO THE NATION'S
CONTINUED SECURITY AND THE INTEGRITY OF THE SEPTEMBER 11
INVESTIGATION, INCLUDING WITHHOLDING PUBLIC DISCLOSURES OF
SOME INFORMATION REGARDING THE «DE/MIMES» AND CLOSING THEIR
IMMIGRATION COURT HEARINGS TO THE PUBLIC FOR AS LONG AS THESE
ALIENS REMAINED OF INTEREST TO THE INVESTIGATION. MAKING
PUBLIC THIS INFORMATION COULD GIVE OUR ENEMIES THE ROADMAP OF
OUR INVESTIGATIONS AND COULD ALLOW TERRORIST ORGANIZATIONS TO
ALTER FUTURE ATTACK PLANS, INTIMIDATE WITNESSES, AND
FABRICATE EVIDENCE. THUS, PROTECTING SUCH INFORMATION IS ONE
OF THE ACTIONS DEEMED ESSENTIAL TO OUR ONGOING EFFORTS TO
INVESTIGATE THE SEPTEMBER 11 ATTACKS AND TO PREVENT FUTURE

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ATTACKS.
AS OF FEBRUARY 5, 2003, THE INS ON MARCH 1, 2003 THE

IMMIGRATION AND NATURALIZATION SERVICE (INS) WAS MERGED WITH
THE DEPARTMENT OF HOMELAND SECURITY. FOR THE PURPOSE OF THIS
RESPONSE, WE WILL REFER TO THE INS WHEN DISCUSSING ACTIONS
TAKEN BEFORE MARCH 1, 2003. HAS DETAINED 766 ALIENS ON
IMMIGRATION VIOLATIONS AT SOME TIME SINCE 11 SEPTEMBER 2001
IN CONNECTION WITH THE INVESTIGATION INTO THE TERRORIST
ATTACKS. OF THESE 766 INDIVIDUALS, 486 HAVE BEEN DEPORTED OR
HAVE LEFT THE COUNTRY VOLUNTARILY. ONLY 3 OF THESE ALIENS
REMAIN IN INS «CUSTODY» AS PART OF OUR ACTIVE SEPTEMBER 11.
INVESTIGATION.

THE -DEBATE ABOUT OUR NON-DISCLOSURE POLICY SHOULD NOT CAST

DOUBTS ON THE COMMITMENT OF THE «VETTED» «STATES» TO RESPECT THE
CIVIL LIBERTIES OF INDIVIDUALS HELD IN INS «CUSTODY».
INDIVIDUALS HELD ON IMMIGRATION CHARGES IN INS «CUSTODY» ARE
ENTITLED TO DUE PROCESS PROTECTIONS, IN ACCORDANCE WITH
«UNITED» «STATES» LAW. ALL «DETAINEES» HAVE BEEN NOTIFIED OF THE
REMOVAL CHARGES AGAINST THEM AND ARE GIVEN THE RIGHT TO
CONTEST THOSE CHARGES IN REMOVAL PROCEEDINGS. THEY ARE GIVEN
LISTS OF PRO BONO COUNSEL AND ADVISED OF THEIR RIGHT TO
RETAIN A LAWYER AT NO EXPENSE TO THE GOVERNMENT. THEY ARE
ALSO GIVEN THE OPPORTUNITY TO SEEK RELEASE ON BOND,
CONTINUANCES TO PREPARE THEIR CASES, AN OPPORTUNITY TO
EXAMINE THE EVIDENCE AGAINST THEM, THE OPPORTUNITY TO APPLY
FOR DISCRETIONARY RELIEF FROM REMOVAL, A RIGHT OF APPEAL TO
THE BOARD OF IMMIGRATION APPEALS, AND TYPICALLY JUDICIAL
REVIEW IN THE FEDERAL COURTS.
POWELL

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