REP. CONYERS EXPRESSES OUTRAGE OVER CLOSING OF DETENTION HEARING FOR RESPECTED MUSLIM IMAM

"When legal proceedings are closed to the public, something very wrong has happened to the system of justice in America".

Rep. John Conyers, Jr, Ranking Member of the House Judiciary Committee, issued the following statement in connection with INS's decision today to close the Detroit detention hearing for Rabih Haddad, a Pastor in Michigan's Muslim community. Both Conyers and the public in general were denied admission to the immigration proceeding, which are ordinarily open.

"The treatment of Pastor Haddad over the last several weeks has highlighted everything that is abusive and unconstitutional about our government's scapegoating of immigrants in the wake of the September 11 terrorist attack.

First and foremost, the proceedings to date have all been in secret. This is an anathema to our system of due process and is more akin to the treatment seen in a dictatorship than a constitutional democracy. The Sixth amendment is clear - "the accused shall enjoy the right to a public trial."

Yet today we witnessed the closing of a detention hearing involving a member in good standing of our Arab community. There was a secret list of 'permitted attendees' - but we have not way of knowing who was on the list or why. Certainly, I was not one of the chosen few. When the Ranking Member of the House Judiciary Committee - the committee having oversight responsibility for our immigration laws and our courts -- is not permitted to attend such a hearing in our court system, something very wrong has happened to the system of justice in America.

Moreover, the decision to freeze the assets of Pastor Haddad's Global relief fund have all been in secret as well. This is a group that has raised millions of dollars to fight poverty and we have not seen a shred of evidence linking the charity in any way to terrorism. Here we have a man facing deportation allegedly because of his links to a charitable group linked to terrorism without any foundation in public evidence.

Beyond that, we have one of the most prominent members of the Michigan Islamic community -a man who helped bring about interfaith healing in the wake of the attack - being detained without any bond. The claim that he is a flight risk and a danger to the community appear to be totally unfounded. His passport has been taken and he has family in the U.S., so he will clearly not flee. And although the INS claims he is dangerous because he owns arms, his rifle is registered and he is an avid hunter. The Fifth Amendment states "no person shall be...deprived of life, liberty, liberty and property without due process of law." The last time I checked, holding someone in prison without a valid reason deprived him of his liberty.

Finally, I fear the government is merely seeking a delay so they can trump up more charges while the Pastor is detained also violates the Sixth amendment, which promises a "speedy trial." If the government has evidence, they should produce it. But in this case, justice delayed translates to justice denied.

I am particularly appalled the Bush administration would be championing these secret proceedings and the use of secret evidence. During the campaign, Mr. Bush promised to oppose the use of secret evidence. Now the President is not only using secret evidence, but by obtaining and using new powers for secret evidence for asset freezes derived from the so-called 'USA Patriot Act,' he is expanding it.

Now some would assert the constitution does not apply to immigrants within our borders. Yet the reality is every single court which has addressed this question in recent year has found that the constitution does apply to immigrants, that's why secret evidence has been consistently thrown out.  If you don't believe me, look at Mathews v. Diaz, 426 U.S. 67 (1976), and Zadvydas v. Davis, 533 U.S. 678 (2001), cases in which the Supreme Court upheld this age old principle.

The attack of September 11th should not destroy our Constitution, rather it should strengthen our commitment to it. Pastor Haddad is entitled to the full disclosure of any evidence against him.  He should be released pending future proceedings unless the Government can rely on something better than the lawful ownership of a gun by a man known to his friends as a compassionate, law-abiding individual who has made important contributions to the Michigan community."

REP. CONYERS WRITES TO ASHCROFT ON DETENTION OF RABIH HADDAD

January 3, 2002

The Honorable John D. Ashcroft
Attorney General of the United States
U.S. Department of Justice
10th Street and Constitution Avenue, N.W.
Washington, D.C.  20510

The Honorable James W. Zigler
Commissioner, Immigration and Naturalization Services
425 I Street, N.W.
Washington, D.C.  20536

Dear Mr. Attorney General and Mr. Commissioner:

I am writing to express my deep concern with the Immigration and Naturalization Service's detention of Pastor Rabih Haddad (A#74-546-461) in general and the INS's decision to close any hearings involving Pastor Haddad to the public.  These actions threaten to make a mockery of our system of justice, and send a terrible signal to the international communities regarding our treatment of foreign nationals.

Pastor Haddad is a prominent member of the Michigan Islamic Community. Among other activities, in the aftermath of the September 11 attack, he was an important participant in an Ann Arbor town hall meeting designed to promote healing among faiths. Pastor Haddad has also received petitions of support from thousands of friends from Michigan and Oregon. The apprehension, detention and lack of due process afforded Pastor Haddad once again highlights many of the concerns raised by our government's treatment of immigrants in the wake of the September 11 terrorist attack.

Why have the immigration proceedings regarding Pastor Haddad been held in secret? On January 2, 2002, I went to a previously scheduled detention hearing fully expecting to attend an open and fair judicial process. To my amazement, I personally witnessed the closing of the detention hearing, a highly unusual practice. When the Ranking Member of the House Judiciary Committee - the committee having oversight responsibility for our immigration laws and our courts -- is not permitted to attend such a hearing in our court system, it seems to me that something is very wrong with the system of justice in America.  Please describe in detail the rational used to close these proceedings to the public.

1. Who was permitted to attend the January 2nd hearing and what was the process and criteria for inclusion on the list of "permitted attendees"?  When I arrived at the hearing, there apparently was a secret list of 'permitted attendees' - but I have no way of knowing who was on the list or why. I do know that I was not one of the chosen few.  Please inform me of the method by which persons are included or excluded from such lists. How is it possible for members of Congress to oversee our executive branch if we are denied access to immigration hearings?

2. Why is Pastor Haddad being prohibited from being released on bond? As you know, a person must be released on bond, unless he is considered a flight risk or a danger to the community. In this case, it appears to me that Pastor Haddad is neither. His passport has been taken, his family is in the United States (including his son and brother who are both U.S. Citizens), and he is a longstanding and prominent member of the Islamic community. Further, the court has received a petition from 5,000 people plus 60 personal letters and 6 affidavits from U.S. Citizens in support of Pastor Haddad's release. To suggest his ownership of a hunting rifle makes him dangerous fails to take into the account that the rifle is licensed and that he is an avid hunter.

3. Is Pastor Haddad's detention linked in any manner to his involvement with the Global Relief Foundation? According to press accounts, Pastor Haddad's involvement in this organization was in part the reason for the denial of Pastor Haddad's bond request and the unusual treatment he is receiving. Please let me know if this is accurate and if so, what is the legal rationale for linking such involvement with the status of his case.  Also, please inform me regarding any basis in fact or law for linking the Global Relief Foundation to any alleged terrorist activity.

4. Does the Government intend to use classified evidence in Pastor Haddad's case or any other immigration case? As you know, President Bush has previously stated that "secret evidence" will not be used in deportation cases. The Judiciary Committee has also previously reported legislation prohibiting the use of "secret evidence." It would be helpful if you could confirm that this is your policy and that "secret evidence" will not be used in this or any other immigration case.

Please respond to the aforementioned questions as quickly as possible, and by no later than January 10, as Pastor Haddad continues to be held in detention.  Please also contact me or my staff at 202-225-6504 if you have any questions.

Sincerely,

John Conyers, Jr.
Ranking Member

ccs:
The Honorable F. James Sensenbrenner, Chairman Committee on the Judiciary
The Honorable Carol Jenifer, District Director Immigration and Naturalization Service
The Honorable Daniel J. Bryant, Assistant Attorney General, U.S. Department of Justice
Joseph Karpinski, Director of Congressional Relations and Public Affairs, Immigration and Naturalization Services

Congressman John Conyers, Jr. is from the Fourteenth District, Michigan; a Ranking Member of the Committee on the Judiciary, and Dean of the Congressional Black Caucus. Contact: Dena Graziano (202) 226-6888.

Call to Action:

SEND NOTES OF APPRECIATION TO:

Representative John Conyers, Jr.
Michigan 14th district
2426 Rayburn House Office Building
Washington, DC 20515

Phone: 202-225-5126, Fax: 202-225-0072
E-Mail: [email protected]

Web Site: http://www.house.gov/conyers/

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