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"War on Terrorism" and Immigrants, pp 149-174

1  George W Bush, "Remarks of President George W. Bush Commemorating September 11," September 10, 2002, http://usinfo.state.gov/usa/s091002a.htm (accessed January 3, 2005.)

2  Natsu Taylor Saito, "For 'Our' Security: Who is an 'American' and What is Protected by Enhanced Law Enforcement and Intelligence Powers?" Seattle Journal for Social Justice 2(1)(2003): 24. In November 2003 the Supreme Court granted certiorari for the limited purpose of deciding whether federal courts have jurisdiction in such cases, and in June 2004 held that the Guantánamo detainees and those deemed "enemy combatants" inside the United States have a right to challenge their designation before a judge or other "neutral decision-maker." Thus, the Court has confirmed that the judiciary has some responsibility to review the government's actions, at least acknowledging the role assigned it under the Constitution. Federal courts now have the opportunity to decide whether they will invoke the plenary power doctrine [that gives Congress and the Executive authority] or its "military necessity" equivalent to avoid ruling on the substantive issues of law. In Rasul v. Bush and Al Odah v. Bush, the Court held that the Guantánamo detainees have a right of access to U.S. courts. In Hamdi v. Rumsfeld, the Court said Hamdi has the right to contest his designation as an "enemy combatant" in federal court. In Rumsfeld v. Padilla, the Court said that Padilla should have filed in the federal district court in South Carolina, where he is being held, rather than in New York, so he will have to refile his legal challenge. Based on the Hamdi case, however, it seems likely that the Court would find that he has a right to contest his indefinite detention. See Linda Greenhouse, "Justices Affirm Legal Rights of 'Enemy Combatants'; Access To Courts; Ruling Applies to Those Held Either in U.S. or at Guantánamo," New York Times, June 29, 2004.

3  Saito, "For 'Our' Security," 24.

4  "Overview of Changes to Legal Rights," September 5, 2002 http://www.efn.org/~lcbordc/overviewenglish.pdf, (accessed January 3, 2005).

5  Anita Ramasastry, "Concentration Camps on the Way in the US," Guardian, September 25, 2002, http://www.cpa.org.au/garchve5/1110camps.html, (accessed January 3, 2005).

6  On the general outlines of LIC doctrine, see Timothy J.Dunn, The Militarization of the U.S.-Mexico Border, 1978-1992: Low-Intensity Conflict Doctrine Comes Home (Austin, Tex.: Center for Mexican American Studies, University of Texas at Austin, 1996), especially pp. 19-30.

7  Ibid., 24.

8  Joy Gordon, "Cool War: Economic Sanctions as a Weapon of Mass Destruction," Harper's Magazine, November 2002; Thomas J. Nagy, "The Secret Behind the Sanctions: How the U.S. Intentionally Destroyed Iraq's Water Supply," Progressive, September 2001, 22-25.

9  INS Raids Task Force, "Notes from Conference Call #8," February 12, 1998, 1; Garcia, Arnoldo, "No Nation of Immigrants Would Treat Immigrants This Way," Network News (Oakland, Calif.: National Network for Immigrant and Refugee Rights, Spring 2002) http://www.nnirr.org/news/archived_netnews/no_nation.htm (accessed January 341, 2005).

10  Dunn, The Militarization of the U.S.-Mexico Border. For additional information about border enforcement, see the website of the Transactional Records Access Clearinghouse, Syracuse University http://trac.syr.edu.

11  Carl Levin, "Opening Statement of Senator Carl Levin, Chairman, Committee on Armed Services, Hearing on the Role of the Department of Defense in Homeland Security," October 25, 2001, http://levin.senate.gov/senate/statement.cfm?id=211580 (accessed January 31, 2005).

12  Amnesty International, "USA: Post 11 September Detainees Deprived of their Basic Rights," March 14, 2002 http://web.amnesty.org/library/Index/engAMR510442002 (accessed January 31, 2005); Curt Anderson "US Details Post 9/11 Arrests," Boston Globe, December 12, 2002, A35; Steve Fainaru, "Detainees Offer Glimpse of Life in N.Y. Facility," Washington Post, April 17, 2002, A1; Jill Sarjeant, "Hundreds of Muslim Immigrants Rounded Up in Calif." December 18, 2002. http://www.reuters.com/newsArticle.jhtml?... .

13  Nancy Chang, "The USA PATRIOT Act: What's So Patriotic About Trampling on the Bill of Rights?," (New York: Center for Constitutional Rights, 2002). http://www.ccr-ny.org/v2/reports/docs/USA_PATRIOT_ACT.pdf (accessed January 31, 2005).

14  Michael Ratner, "Moving Toward a Police State or Have We Arrived? Secret Military Tribunals, Mass Arrests and Disappearances, Wiretapping & Torture," http://www.humanrightsnow.org/policestate.htm (accessed January 31, 2005); American Arab Anti-Discrimination Committee, "ADC Fact Sheet: The Condition of Arab Americans Post-9/11," March 27, 2002; American Civil Liberties Union, "On Eve of Sixth-Month Anniversary of September 11th, ACLU Says Terrorist Attacks Have Changed American Law, Society," March 8, 2002. http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?... (accessed January 31, 2005); Andrew Lam, "Homeland Security Changes America," Pacific News Service, December 20, 2002. http://www.alternet.org/story.html?StoryID=14831 (accessed January 31, 2005). On the U.S. government's use of torture, see also Eyal Press, "In Torture We Trust?," Nation, March 31, 2003, 11-16.

15  The discussion of the DHS in this and the following two paragraphs is based largely on Traci Rae Hukill, "Insecurity Complex," Coast Weekly, December 3, 2002 http://www.alternet.org/story.html?StoryID=14682 (accessed January 31, 2005). See also the DHS web site at http://www.dhs.gov .

16  Patrick.O'Driscoll, "'One-stop' Agency Coordinates Defense," USA Today, September 30, 2002 http://www.usatoday.com/news/nation/2002-09-30-northerncommand-usat_x.htm . See also Center for Defense Information, "The Impact of Sept. 11, 2001 on the Unified Command Plan," May 22, 2002. http://www.cdi.org/program/issue/document.cfm?... (accessed January 31, 2005).

17  Electronic Privacy Information Center, "Total Information Awareness (TIA)," n.d. http://www.epic.org/privacy/profiling/tia/; "H.J. Res 2 (Public Law 108-7) (1118-1123)," Electronic Privacy Information Center, http://www.epic.org/privacy/profiling/tia/pub_law_108-7.html (accessed January 31, 2005).

18  Ratner, "Moving Towards a Police State."

19  Ramasastry, "Concentration Camps on the Way in the US,"; "Prosecutors: Suspect Did 'Dirty Bomb' Research in Pakistan," CNN.com Law Center http://www.cnn.com/2002/LAW/08/28/dirty.bomb.suspect/ (accessed January 31, 2005); Ken Hurwitz, "Hamdi vs. Rumsfeld: Court Issues a 'We'll Look the Other Way' Decision," Lawyers Committee for Human Rights. http://www.lchr.org/us_law/us_law_02.htm (accessed January 31, 2005); American Civil Liberties Union, "ACLU Calls Victory for Right to Counsel in Enemy Combatant Case Positive Step," December 4, 2002 http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?... (accessed January 31, 2005); ACLU-Massachusetts "Civil Liberties Update-January, 2003." http://www.aclu-mass.org/general/civlibupdateJanuary.html .

20  Dunn, The Militarization of the U.S.-Mexico Border, 26.

21  Ibid., 162.

22  Robin Ballantyne, "The Technology of Political Control," Covert Action Quarterly 64 (Spring 1998), 20; Ken. Lawrence, The New State Repression (Chicago: International Network Against New State Repression, 1985), 2-3.

23  "Surveillance under the USA PATRIOT Act," http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=12263&c=206 (accessed August 11, 2004).

24  David Cole and James Dempsey, Terrorism and the Constitution: Sacrificing Civil Liberties in the Name of National Security, (New York: New Press, 2002), 114.

25  Ibid., 108-109.

26  Ibid., 109.

27  Ibid., 153.

28  Ibid., 150.

29  Ibid., 152.

30  Katherine Beckett and Theodore Sasson, The Politics of Injustice: Crime and Punishment in America (Thousand Oaks, Calif: Sage Publications,2004), 68.

31  Ibid.

32  Ibid., 69.

33  Bill Berkowitz, "AmeriSnitch," The Progressive, May 2002 http://www.progressive.org/May%202002/berk0502.html (accessed January 31, 2005).

34  Jean AbiNader and Kate Martin, "Just the Facts, Mr. Ashcroft," Arab American Institute (the article originally appeared in the Washington Post July 25, 2002 and was reprinted http://www.aaiusa.org/news/must_read07_25_02.htm (accessed August 9, 2004).

35  Kathryn Casa, "Operations TIPS, the Terrorism Information and Prevention System," July 2002 http://www.commondreams.org/headlines02/0717-04.htm (accessed August 9, 2004).

36  Matthew Rothschild, "McCarthyism Watch", The Progressive, August 2002 http://www.progressive.org/webex/wxmc080602.html (accessed August 9, 2004).

37  Nat Hentoff., "The Death of Operation TIPS, " The Village Voice, December 2002. http://www.villagevoice.com/issues/0251/hentoff.php (accessed August 9, 2004).

38  Kristin Butcher and Anne Morrison Piehl, "Recent Immigrants: Unexpected Implications for Crime and Incarceration," Industrial and Labor Relations Review, (51) 4 (July 1998): 654-679.

39  Kristin Butcher and Anne Morrison Piehl, "Cross-City Evidence on the Relationship Between Immigration and Crime," Journal of Policy Analysis and Management, Summer 1998.

40  See Human Rights Watch, "Locked Away: Immigration Detainees in Jails in the United States," (10) 1 (September 1998), http://www.hrw.org/reports98/us-immig/ (accessed January 10, 2002); Amnesty International, "Lost in the Labyrinth: Detention of Asylum Seekers in the USA," (1999), http://www.amnestyusa.org/rightsforall/asylum/ins/ins-01.html (accessed January 10, 2002).

41  Amnesty International, "United States of America: Human Rights Concerns in the Border Region With Mexico," http://www.web.amnesty.org/ai.nsf/index/AMR510031998 May 20, 1998 (accessed October 22, 2001).

42  Josh Meyer, "Ashcroft Defends U.S. Anti-Terrorism Tactics, Saying That 'We Are at War,'" Los Angeles Times, Dec. 7, 2001; Rone Tempest, "U.S. Detentions Now Sore Point in Pakistan," Los Angeles Times, Nov. 8, 2001; James Sterngold, "10 Arrested in Visa Cases in San Diego," New York Times, Dec. 13, 2001.

43  Alisa Solomon, "Cracking Down on Immigrants-Again," The Village Voice, October 3-9, 2001, http://www.villagevoice.com/issues/0140/fsolomon.php (accessed January 10, 2002).

44  See "Hate in the News: Violence Against Arab Americans and Muslims," December 11, 2001, http://www.tolerance.org/news/article_hate.jsp?id=278 (accessed January 8, 2002).