-Caveat Lector-

Secret Evidence & Stereotypes
Dateline: 12/02/99

The Nasser Ahmed affair, recently resolved, illustrates two horrible
aspects of American law: first, the notion that “secret evidence” is
permissible in a democratic society; second, that some kinds of
discrimination are still allowed in the United States.

If you haven’t been following this story, Ahmed is an Arab who had been
held until November 30 in solitary confinement by the U.S. Immigration and
Naturalization Service (INS) pending a judicial order for deportation based
on his alleged association with a “known terrorist organization.” Since
1996, he had been held, having never been charged and never permitted to
confront the evidence presented against him.

Finally, the evidence was presented to a federal immigration judge
(although never to Ahmed or his lawyer) who ordered his release. Even after
the Board of Immigration Appeals sided again with Ahmed, the INS continued
its appeal, asking the Attorney General, Janet Reno, to overrule the two
judicial entities. Ultimately and without stated reason, the INS gave up
its appeal and allowed Ahmed to go free.

This is a major threat to the liberty of all people living in the United
States. The idea of the government being able to present “secret evidence”
that you cannot review ought to scare you to death.

It is also a perversion of the Constitutional protections guaranteed to all
who appear in American courts. The Sixth Amendment guarantees that all
accused persons in criminal trials shall have the right “to be informed of
the nature and cause of the accusation; to be confronted with the witnesses
against him.” U.S. Const. amd. VI. It is true that deporting a non-citizen
is not a criminal trial, but the proceeding is so similar to a criminal
trial (complete with a penalty for those found “guilty”) that it ought to
be treated as such constitutionally.

As important as the constitutional issues are the societal issues raised by
this case. For some reason, discrimination against some groups is
acceptable in the United States. Of course it has probably always been that
way -- Polish jokes have been circulating for years, for example. But when
that discrimination rises to the level of imprisoning members of the group
for no cause other than what would be shown by “secret evidence” if only
they could show it to you, an unacceptable barrier has been breached. The
Arab-American Anti-Discrimination Committee reports that “almost all” of
the individuals facing deportation without charge and on the basis of
secret evidence are Arabs.

This situation is intolerable. It is a threat to everybody’s liberty that
the government is permitted on the basis of secret evidence and racial
stereotypes to imprison or deport anybody. Although it is easy to disagree
with the American Civil Liberties Union in many cases, they are correct in
labeling this case a tragedy.

<http://arabculture.about.com/culture/arabculture/library/weekly/aa120299.ht
m>

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