"This campaign is not about one single person’s racial taunt — it’s about the respect and dignity of an entire nation."

 — Writer Irwin Tang, reflecting on the repercussions of his AsianWeek article, which “called out” Shaquille O’Neal for his racial taunt of Yao Ming.

DEMANDING JUSTICE

INS Detainees on Hunger Strike

Seven men detained by the U.S. Immigration and Naturalization Service (INS) for immigration violations, declared a hunger strike on Jan. 14, protesting their detention and ill treatment at the Passaic County Jail, located near Patterson, New Jersey.

The seven men, whose names were not released, have allegedly demanded improvements in food, medical care, air quality, family visits, a resumption of the Friday Islamic services and separate living quarters for Muslim detainees.

The men claim that harsh living conditions, including unpalatable food with inadequate protein and vitamins, limited medical services and an aging ventilation system all contribute to their health problems. Prisoners also claim that separate living quarters would lessen the xenophobic treatment, abuse and threats from the general prison population.

According to Kerry Gill, public affairs officer of the INS in the Newark office, the Passaic county jail officers met with the men who only demanded contact visits — visits that did not have plexiglass barrier between the prisoners and visitors.

Though Gill contends that these requests are something that the INS would consider, “that kind of consideration will not happen as long as they’re engaging in disruptive behavior in the facility,” he said.

He adds, “Anytime they raise concerns of conditions of detention, we look into them, check them and see if they’re credible. If there are concerns at any juncture, they can bring it any time to the officers’ attention. There are effective procedures in place for detainees to communicate concerns to the INS.”

Currently, the seven men have been taken to special housing units so they can be monitored. In the case that these men fall ill, the U.S. Public Health Service will address these concerns.

Shahed Amanullah of the United Muslims of America, based in Fremont, points out that jail conditions should not be the issue for media attention. Instead the focus should be on the reason these seven men were placed in detention centers.

Amanullah says that the imprisoning of Muslim community members for immigration violations has been “haphazard and uncontrolled and has caused a real headache for those who want to cooperate.”

Amanullah points out that the community is more concerned about jailing people for fineable offenses than about jail conditions. He argues that the Muslim community would be able to take a cooperative role with law enforcement instead of being cast as its enemy because of its national origin.

“To hold everyone just because they’re paranoid and to see if they’re terrorists — you’re really instilling a lot of fear. I do think we need to be vigilant about due process and about not alienating a community that could be the best ally in fighting terrorists,” Amanullah said.

He contends that a hunger strike may be a “disruptive way” to protest against racial profiling and that lives should not be lost as a result of their demands.

PEOPLE’S VICTORY

Seattle Somali Deportation Stopped

Federal Court Judge Marsha Pechman issued a ruling on Somali deportation last Tuesday, Jan. 14. Her decision maintains the preliminary injunction barring the government from deporting Somali men back to Somalia. In effect, approximately 2,700 Somalis under deportation orders across the country will avoid expulsion.

Late last year, five Somali men were detained by the U.S. Immigration and Naturalization Service (INS) in Seattle, Wash. The men, as young as 22, faced deportation to Mogadishu, Somalia in consequence of provisions outlined in the National Security Entry-Exit Registration System program (NSEERS) that requires male nationals or citizens of specific countries, including Somalia, to appear at the INS office for “Special Registration.”

Outraged members of the Somali community pleaded for help from the Hate Free Zone (HFZ) Campaign of Washington on Nov. 7, 2002. HFZ, a grassroots non-profit, directly fights hate crimes in communities of color — particularly Arab, South Asian and East African as well as religious minorities — which have been targeted in post-Sept. 11 discrimination.

HFZ sought the help of Perkins Coie, LLP, who decided to take the case pro bono. By Nov. 13, 2002, petitioning lawyers for the five Somali men filed a habeas corpus petition in Federal Court against the INS challenging “the unlawful detention and deportation of Somalis.” For deportation to occur, the INS is required to attain “acceptance” of the deportees from the Somali government. The U.S. State Department does not recognize a government in war-torn Somalia.

After reviewing arguments, Judge Pechman ruled in favor of the petitioners, who argued that the absence of a functioning government in Somalia can in no way be interpreted as “acceptance.”

In the proceedings, Judge Pechman challenged the government to “demonstrate the link between Somalia, international terrorism and Somalis in the U.S. not charged with terrorist activity.” Attorneys were unable to do so satisfactorily.

Pramila Jayapal, Executive director and founder of HFZ, stated, “Given the circumstances in Somalia, we know that people who are deported back will face terrible consequences, perhaps death. The Somali community is, understandably terrified.”

Judge Pechman recognized this fear by noting that “the risk of harm and irreparable injury to the Somali deportees was high” and concern that “the INS could provide no record that previous Somali deportees had even reached their destination.”

Tom Boeder, lead counsel for the Somali men, said the case will send a message that unlawful deportation and detaining without judicial review will not be acceptable. Jayapal added, “While no one denies the importance of curbing terrorism, if we allow the [Department of Justice] to continue to undermine fundamental principles of our union, our constitutional and civil rights, we will lose the war on terrorism by sacrificing the very liberties we seek to protect.”

TALKING BACK

Locke to Give Response to State of the Union Speech

Washington Gov. Gary Locke, the son of Chinese immigrants and a recent hard-liner against state tax increases, will deliver the Democratic Party’s response to President Bush’s State of the Union address, Jan. 28.

Locke said he’ll stress everyday problems of citizens, not partisan jabs at the president. Domestic issues, including a plea for federal help for the deficit-ridden states, will be atop his agenda, he said Jan. 15.

Locke, 53, the new chairman of the Democratic Governors’ Association, said he was honored to receive the high-visibility speaking role, which usually goes to a senior member of Congress. He said he will try to represent both his party and the bipartisan concerns of the nation’s governors.

“As the chief executives of our states, we work in real time, with real dollars, to serve the citizens of our country and deal with the issues that are important to them, like education, health care and job creation,” Locke told a news conference.

Senate Democratic Leader Tom Daschle said the nation’s Democratic governors are full partners with the House and Senate Democrats in offering alternatives to the views of the White House and congressional Republicans.

“The Democratic governors are going to be an integral part of our organizational effort as we consider public policy and our response,” he told a Washington D.C., news conference.

House Democratic Leader Nancy Pelosi added, “The states are at the forefront of the war on terrorism and the challenge to revitalize our economy, so it’s appropriate that we have a governor give the Democratic response, particularly such a strong leader as Gov. Locke.”

Locke said Democrats disagree with Bush on some issues, but that he plans to keep his comments positive, and not overly partisan. “I’ll just be talking about the issues the American people, the citizens of the various states, are concerned about.”