In the Name of God, the Compassionate, the Merciful
ACTION ALERT
Advisory: U.S. Muslim Travelers Warned of 'Forced Exile'
American Muslims face denial of due process, pressure to become informants
(WASHINGTON, D.C., 7/9/10) -- CAIR today issued an advisory to American
Muslims -- whether citizens, permanent residents or visa holders -- warning of
the risk of "forced exile" when traveling overseas or attempting to return to
the United States. Muslim travelers are urged to know their legal rights if
they are placed on the so-called "no-fly list."
In the past few months, CAIR has received a number of reports of American
Muslims stranded overseas when they are placed on the government's no-fly list.
Those barred from returning to the United States report being denied proper
legal representation, being subjected to FBI pressure tactics to give up the
constitutionally-guaranteed right to remain silent, having their passports
confiscated without due process, and being pressured to become informants for
the FBI. These individuals have not been told why they were placed on the
no-fly list or how to remove their names from the list.
SEE: Cases of American Muslims Barred from U.S. (CAIR)
American Man in Limbo on No-Fly List (NY Times)
U.S. Muslims Facing Problems in Return from Abroad (Wash. Post)
FBI agents have reportedly told a number of individuals that they face
being stranded outside the United States longer, or forever, unless they give
up their rights to legal representation or to refuse interrogations and
polygraph tests. But even those who submitted to interrogations without an
attorney or to the "lie detector" tests remain stranded.
CAIR cooperated with the ACLU on its recently-filed lawsuit challenging
the lack of due process in placing travelers on the no-fly list.
SEE: ACLU Files Lawsuit Challenging Unconstitutional 'No Fly List'
"We ask President Obama to review this disturbing new policy that denies
American Muslims their constitutional rights and due process of law," said CAIR
National Executive Director Nihad Awad.
He said American Muslims strongly support law enforcement and the
protection of our national security. And as Americans, we also value the civil
rights of every individual. All Americans have the constitutional right to due
process and to re-enter their own country.
If you know of any criminal activity, it is both your religious and civic
duty to immediately report such activity to local and federal law enforcement
agencies.
Know Your Rights if Placed on the No-Fly List:
[IMPORTANT NOTE: Before traveling overseas, obtain the cell phone number
of an attorney who would be available for consultation if you are barred from
returning to the United States. Finding an attorney once you have been stopped
or detained is much more difficult. Provide the attorney's contact information
to those scheduled to pick you up at the airport.]
1) Understand that agreeing to an interview with FBI agents is
strictly voluntary. You are not obligated under law to answer any questions
from law enforcement officers. You must however provide them with a passport or
other official identification.
2) You may choose to have an attorney accompany or represent you
for any interview or questioning. CAIR strongly recommends that you consult
with an attorney before being interviewed by law enforcement agents. CAIR may
provide legal assistance or can refer you to an attorney.
3) Stay calm. Do not get into an argument with law enforcement
officers.
4) Note that anything you say to an agent or officer can be used
against you in a court of law, and that lying to an agent or officer is a
criminal offense. Also note that an FBI agent is permitted to lie to you in the
course of an interrogation.
5) Should you decide to speak to agents without an attorney despite
the risks, note that you may set the conditions of the interview, including
choosing when and where the interview is to take place, whether a third party
such as a family member is present, which questions to answer, and refusing to
sign any documents. You may cancel the interview at any time. Take detailed
notes during any interview.
6) Be sure to get the names, agencies, badge numbers and business
cards of ALL agents or officers. Similarly, make a note of the name, agency,
contact information, and supervisor of any other government employees,
including embassy staff.
7) Contact your attorney and CAIR to report the incident and to
discuss your next legal steps. If you believe that your civil rights have been
or are being violated, you may file a complaint with the Department of Justice
Civil Rights Division and with the Department of State. CAIR can help you with
this process.
8) To file a civil rights complaint with CAIR-PA, please visit:
http://click.icptrack.com/icp/relay.php?r=82312922&msgid=616534&act=050I&c=536562&destination=http%3A%2F%2Fpa.cair.com%2Freport%2F
9) If you have Internet access, file a complaint with DHS TRIP
(Traveler Redress Inquiry Program) by going to: www.dhs.gov/trip
10) Have your spouse or other family members contact your elected
representatives to seek assistance.
MORE RESOURCES:
"FBI Interview: Knowing the Law Can Protect You," by Ahilan Arulanantham
and Ranjana Natarajan. InFocus News, February 2007.
Video: "Got Rights: Protect Yourself and Your Family at Home and at the
Airport," by Muslim Advocates.
[Please note: The points outlined above are for informational purposes
only and do not constitute legal advice. Should you have any questions about
this material or about a specific case, please consult with an attorney.]
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