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Lieberman (L), Tabbaa (C) Shibley at a news conference in New York, April 20, to announce the filing of the federal lawsuit
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NEW
YORK, April 21, 2005 (IslamOnline.net & News Agencies) - Five US
Muslims sued the US Department of Homeland Security, accusing the US
border agents of rights violation and racial profiling.
The
suit, filed in US District Court on Wednesday, April 20, named
Homeland Security chief Michael Chertoff among four defendants in what
the New York Civil Liberties Union called a case of profiling,
according to Reuters on Thursday, April 21.
The
three men and two women said the agents who detained them as they
returned from an Islamic conference in Canada violated their rights,
held them, along with dozens of other US Muslims.
They
added that they were interrogated, photographed and fingerprinted
against their will in December 2004.
The
lawsuit alleges that the plaintiffs, who were later released without
charge, were singled out after telling customs officials they had
attended a "Reviving the Islamic Spirit" conference in
Toronto.
The suit does not seek monetary damages, but asks for a declaration
that the government action was unlawful, an injunction against further
enforcement of such policies and practices and erasing from all
federal databases of information obtained from the plaintiffs, Reuters
reported.
The
annual conference draws thousands of Muslims from Canada, the United
States and overseas, AFP said.
A
May 2004 report released by the US Senate Office Of Research concluded
that Arab Americans and the Muslim community in the US have taken the
brunt of the Patriot Act and other federal powers applied in the
aftermath of the 9/11 attacks.
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"It was unbelievable. I am proud of being American but I couldn't believe my eyes something like this could happen," said Tabbaa
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Donna
Lieberman, executive director of the New York Civil Liberties Union
which is helping represent the plaintiffs, condemned what she
described as the "over-zealous and counter-productive ethnic and
religious profiling" encouraged by government security policies
in the wake of the September 11 attacks.
"They
are engaging in profiling," said Lieberman, adding that "the
government detained people because they attended a conference that was
perfectly legal, exercising their basic rights."
None
of the citizens who were detained had done anything unlawful, nor were
they charged with any unlawful act," Lieberman told reporters.
"You
don't lose your rights when you're a Muslim. You don't lose your
rights when you cross a border, and you certainly don't lose your
rights by attending a religious conference," she added.
One
of the plaintiffs, Sawsaan Tabbaa, an orthodontist from Buffalo in New
York, said the experience at the border crossing "was the most
humiliating I have ever gone through."
"It
was unbelievable. I am proud of being American but I couldn't believe
my eyes something like this could happen."
Tabbaa
said she had refused to be digitally fingerprinted on the grounds that
she had done nothing wrong, but was physically forced into compliance.
"I
started sobbing like a kid," she said.
At
the time of the incident, numerous press reports quoted Customs and
Border Protection (CBP) spokeswoman Kristie Clemens as claiming the
government had "credible information" that Islamic
conferences were being used to promote and fund terrorist activities.
On
Wednesday, Clemens said she was unable to comment on a specific case
that was the subject of a lawsuit, but added that the "priority
mission" of the CBP was to "prevent terrorists” and their
weapons entering the country.
"As
we continue to pursue this mission, we will continue to work with all
communities to protect the freedoms of all Americans," she said.
Islamic
leaders vehemently deny the charges.
Tabbaa's
son, Hassan Shibley, 18, said the border guards had initially insisted
they were picked "at random ", but when he entered the
processing room he saw that all the occupants were Muslim.
"It
was like I was walking into my local mosque," Shibley said.
Lieberman,
whose organization filed the suit along with the American Civil
Liberties Union and Council on American-Islamic Relations, said there
was nothing about the RIS conference to raise suspicions.
"If
the government has suspicions about criminal activities they have
every right and indeed the obligation to go after those
suspicions," Lieberman said.
"This
is a case of rounding up the usual suspects in derogation of their
rights and in derogation of all of our liberties."
A
recent nation-wide poll, conducted by the Cornell University, showed
that at least 44 percent of the Americans backs curbing
Muslims’ civil rights and monitoring their places of
worship.