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Press Release:
ADC,
AIA, CAIR File Lawsuit against Government over Mass Arrests in LA
Washington, DC, Dec. 24- Today, the American-Arab
Anti-Discrimination Committee (ADC), the Alliance of Iranian
Americans (AIA), and the Council on American Islamic Relations (CAIR)
filed a class action lawsuit in the United States District Court for
the Central District of California against John Ashcroft; Attorney
General of the United States, and the Immigration and Naturalization
Service (INS). The essence of the lawsuit is that on Dec. 16-18, the
INS unlawfully arrested large numbers of people, especially in Los
Angeles, as they came forward to voluntarily comply with new
"special registration" requirements. The groups are
seeking an injunction before the next registration deadline to avoid
a repetition of last week's mass arrests. Six individuals detained
as a result of the new INS policy of special registrations are
co-plaintiffs, and represent a broader group of victims in this
class action suit.
The
lawsuit takes issue with four aspects of the recent detentions:
*
The detentions were illegal because the government did not obtain
the necessary arrest warrants;* It is unlawful and unjust to deport
people who have been slated for adjustment of status and who have
complied with the law at every stage;
*Detainees
are being held without bail or bond, and are subject to deportation
without due process;
*The
fear of mass arrests created by these detentions will inhibit
compliance by people facing similar registration deadlines in the
near future.
The
groups are seeking:
*An
injunction ordering the government not arrest any additional persons
in the "special registration" process without appropriate
warrants from federal judges;
*
An order preventing the deportation of detainees without due
process.
Although
the special registration policy has been presented as a national
security measure designed to counter potential terrorist threats,
the INS has been using the registration process to not only enforce
immigration law but to arrest and deport people who have complied
with the law at every stage and are on the road to becoming
permanent residents. The effort to deport law-abiding people who
could just as easily be allowed to continue the immigration process
seriously undermines prospects for future compliance and constitutes
an absurd waste of resources. The mass arrests have further eroded
confidence in the fairness of the INS and immigration system among
Arab and Muslim communities.
Dec.
16 was the first in a series of deadlines for special registration,
which are set to culminate in 2004 with the registration of all
foreign nationals in the United States. The mass arrests which took
place in Los Angeles last week, and the lawsuit filed today, have
profound significance for the future of the registration process in
many immigrant communities, and immigrants' rights in general.
The
lawsuit was filed by attorneys Peter A. Schey and Carlos R. Holguin
of the Center for Human Rights and Constitutional Law. Other
co-counsel include several attorneys in the ADC Legal Department,
Babak Sotoodeh of AIA, Khurrum Wahid of CAIR, Joannie Chang of the
Asian Law Caucus, and several California law firms.
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