In their book, "Less Safe, Less Free: Why American is loosing the War on Terror," Professors David Cole and Jules Lobel made a compelling case as to why preventive law enforcement has failed, and why "anticipatory coercion has nearly always proved to be a grave mistake, not only as a matter of principle but also as a matter of effective security."
Below is an excerpt from Part II of the book, "Less Safe"- chapter 4, "The Failure of Preventive Law Enforcement"- with the subsection entitled "Immigration Enforcement: 0 For 93,000"-page 107
“When Attorney General John Ashcroft first announced the ‘paradigm of prevention’ in a speech in October 2001 in New York City, he vowed that the administration would use all laws within its power to round up suspected terrorists and prevent them from inflicting further damage upon us. He explicitly singled out immigration law, warning terrorists that that if they ‘overstayed [their] visa by even one day,’ they would be locked up. The administration subsequently adopted a zero-tolerance immigration policy towards immigrants and visitors from Arab and Muslim countries, on the theory that it would thereby root out the terrorists. But the nation’s broadest campaign of ethnic profiling since World War II came up empty. The Special Registration program, which required 80,000 men from predominantly Arab and Muslim countries to register after September 11, resulted in not a single terrorist conviction. Of the 8,000 men of Arab and Muslim descent sought out for FBI interviews, and the more than 5,000 foreign nationals placed in preventive detention in the first two years after 9/11, virtually all Arabs and Muslims, not one stands convicted of a terrorist crime today. In these initiatives, the government’s record is 0 for 93,000.”
Oct 9, 2009
UN Committee on the Elimination of Racial Discrimination (CERD) calls on US Government to review NSEERS
In a letter to the U.S. Government regarding the U.S.’s compliance with the International Convention on the elimination of All Forms of Racial Discrimination, CERD called for a review of NSEERS. The letter, dated September 28, 2009, specifically stated that “[t]he Committee […] stresses the need to review the National Entry and Exit Registration System, NSEERS, with a view of avoiding racial profiling in migration policies.”
This is not the first time that CERD has called for a review of NSEERS. The 2008 CERD recommendations called on the U.S. Government to “put an end to the National Entry and Exit Registration System (NEERS) and to eliminate other forms of racial profiling against Arabs, Muslims and South Asians.”
This is not the first time that CERD has called for a review of NSEERS. The 2008 CERD recommendations called on the U.S. Government to “put an end to the National Entry and Exit Registration System (NEERS) and to eliminate other forms of racial profiling against Arabs, Muslims and South Asians.”
Oct 1, 2009
Significant Questions About NSEERS Raised by Malea Kiblan, Esq.
We would appreciate as many responses to the following questions as possible from all over the country so that these findings can be conveyed to CIS and ICE Headquarters:
When someone is required to late register for NSEERS, how is that process handled by ICE in your jurisdiction?
Are you allowed as an attorney to be present with your client during the interview? Are you allowed to provide evidence?
Does ICE make any specific findings of fact?
Do they accept testimony that the applicant simply was not aware of the program or his obligation to register?
Do they make consistent “willful” findings? How does CIS respond to a willful finding – do they deny Ajustment of Status?
When someone is required to late register for NSEERS, how is that process handled by ICE in your jurisdiction?
Are you allowed as an attorney to be present with your client during the interview? Are you allowed to provide evidence?
Does ICE make any specific findings of fact?
Do they accept testimony that the applicant simply was not aware of the program or his obligation to register?
Do they make consistent “willful” findings? How does CIS respond to a willful finding – do they deny Ajustment of Status?
Template for a blog entry on "Race Matters"
Please find below a brief worksheet for blog entries on “Race Matters.” This worksheet is only a suggestion, and is designed to help guide you when writing a blog entry for yourself/your client. Please note that you are also more than welcome to discuss ideas/thoughts or policy issues that may not be spelled out in the worksheet. Thank you for contributing to Race Matters! If you have any questions, comments or suggestions regarding the worksheet, please write to fahed@adc.org
BIOGRAPHIC INFORMATION OF CLIENT
• Name (or fictitious name)
• Country of Origin/Nationality
• Degrees
• Profession
• Marital Status
• Where do you/does your client currently live?
EQUITIES
• Family ties in the US: please include name (or fictitious name), age and relationship
• Community ties in the US
• Length of Residence in the US
QUESTIONS SPECIFIC TO THE NSEERS PROGRAM
• When and how did you/your client hear about the NSEERS program?
• Where did you/your client live during the implementation of the program?
• When did you/your client register under NSEERS? Was the registration at a port of entry or a local immigration office?
• Did you/your client have an immigration attorney at the time he registered or for any other reason?
• Did you/your client register on time? If not, did you/your client go through late registration? Where? Which USCIS/ICE district office? Please explain the process.
• If you/your client registered late, which office made the decision about your registration? What were the result and reasoning behind such decision?
IMMIGRATION BENEFITS:
• Have you applied for an immigration benefit since you entered the US? Please explain
• Have you been denied an immigration benefit based on noncompliance with NSEERS? Please explain
• If you have been denied a benefit, has the basis for your denial been based on a “willful” failure to register? Who made the decision and one what date?
CONFIDENTIALITY:
please note that when sharing your entry or story with the co-hosts of “Race Matters,” you are giving permission to have the information provided posted on the blog and used for advocacy purposes.
BIOGRAPHIC INFORMATION OF CLIENT
• Name (or fictitious name)
• Country of Origin/Nationality
• Degrees
• Profession
• Marital Status
• Where do you/does your client currently live?
EQUITIES
• Family ties in the US: please include name (or fictitious name), age and relationship
• Community ties in the US
• Length of Residence in the US
QUESTIONS SPECIFIC TO THE NSEERS PROGRAM
• When and how did you/your client hear about the NSEERS program?
• Where did you/your client live during the implementation of the program?
• When did you/your client register under NSEERS? Was the registration at a port of entry or a local immigration office?
• Did you/your client have an immigration attorney at the time he registered or for any other reason?
• Did you/your client register on time? If not, did you/your client go through late registration? Where? Which USCIS/ICE district office? Please explain the process.
• If you/your client registered late, which office made the decision about your registration? What were the result and reasoning behind such decision?
IMMIGRATION BENEFITS:
• Have you applied for an immigration benefit since you entered the US? Please explain
• Have you been denied an immigration benefit based on noncompliance with NSEERS? Please explain
• If you have been denied a benefit, has the basis for your denial been based on a “willful” failure to register? Who made the decision and one what date?
CONFIDENTIALITY:
please note that when sharing your entry or story with the co-hosts of “Race Matters,” you are giving permission to have the information provided posted on the blog and used for advocacy purposes.
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