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October 10: A bewildered J P Morgan executive, Uday Menon, who had
come to Broadway to see an opera is accosted and handcuffed by police
officers. The police were acting on a tip-off by the booking clerk, who
believed that Menon was a suspicious character.
October 24: Mohammed Rafiq Butt, an illegal immigrant from Pakistan
who was picked up for questioning by federal officials from the Queens
area in New York after the Trade Center attacks was found dead in a New
Jersey jail. He was nabbed after a priest from a local church had called
the FBI on seeing six men of Middle-Eastern origin alight from a van.
October 31: Satpal Singh (name changed to hide identity) was picked
up by the FBI, after a neighbour reported him. The neighbour, a college
student, had observed that his food habits seemed Middle-Eastern and his
appearance was apparently suspicious. Singh was let off after the FBI
found that he was of Indian origin and a bonafide citizen.
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| I SPY: The growing suspicion is evident in
the streets |
These are
not just three stray incidents. They are the outcome of a rash of unusual
tips, 435,000 in all so far, received by the Federal Bureau of Investigation
(FBI) and have led to the detention of about 1,100 people-of whom the
Government has not divulged any information as yet. They have, therefore,
a poignant immigrant tale to tell.
Significantly, all three incidents happened well over a month after
the September 11 bombing of the World Trade Center (WTC) and affected
three individuals of different strata of the US society. Menon, in queue
for a US citizenship is an investment banker on Wall Street. Butt was
an illegal immigrant, earning bare sustenance by working as a daily wages
labour in a super market. And Singh was a naturalised American who would
eked out a living by working two jobs and so kept odd hours. The common
factor was their South Asian heritage. And all of them were victims of
jumpy individuals snitching on their neighbours. An Orwellian nightmare.
Menon, was reported by the booking clerk who grew suspicion when he sought
two tickets for the most popular opera and also sported a foreign accent.
The clerk feared that Menon was a potential suicide bomber and promptly
reported it. Menon and his wife, oblivious that they had caused an alarm,
arrived to celebrate their second wedding anniversary. The rest is history.
Similarly, Butt was reported by a suspicious priest, who observed his
apparently "strange" habits-stringing their laundry, including
their underwear, on the fence. Two months ago, an average New Yorker would
not have given a thought to it. Prior to his deportation to Pakistan,
however, the 55-year old Butt succumbed to a heart attack. Singh's profile
was different, but his detention by the FBI happened in similar circumstances.
Mercifully, the outcome was different.
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| SHAKY: The "model" Indian community
is suddenly viewed as an enemy |
South Asians, who along with immigrants of middle-eastern origin have
borne the brunt of hate crimes post-September 11, are now coping with
something even more frightening. From being viewed as a "model family",
the they are now being suspected as enemies. To prove their loyalties,
many have taken to sporting US flags on their cars or have them pasted
all over their house or work windows.
"It is a case of explicit profiling with state sanction. All constitutional
rights have been suspended," says Sohail Mohammed, a New Jersey immigration
attorney, who represented several clients detained by the authorities
in recent weeks.
In recent times, the 500,000 foreign students, bulk of which are South
Asians and the trickle of new ones that arrive every day, have come under
scrutiny. The ins is now tracking illegal immigrants, even coordinating
with other investigative agencies.
"The new set of ins laws supplement existing laws and have given
authorities more teeth and have been focussed on a narrow segment of the
population," says Subhash Kateel, a community organiser working with
a non-profit organisation, Desis Rising Up and Moving (DRUM). Not carrying
a green card or passport on the person is considered a misdemeanour and
can lead to a minimum fine of $100 and detention. In fact, along the Eastern
corridor, from Massachusets to Washington, the Amtrack has made it mandatory
for passengers to produce an ID before being issue a ticket.
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"INS' new set of laws have been focussed on a narrow segment
of the population."
Subhash Kateel
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The changes in law and the overall mood-seeking retribution for the dead-have
only emboldened the authorities further. The US court of appeals decided
on October 12, that it was constitutionally permissible for police to
question a driver during a routine traffic stop, regarding the passenger's
immigration status.
President George Bush's executive order, allowing military trials of
non-US citizens, is then in some ways reflective of a type of sentiment
sweeping the nation. There will be no judicial review and only the president
or defence secretary can overturn a decision. The authorities believe
they are in the right, and are fighting acts of war-not mere crimes.
Addressing a gathering of conservative lawyers last week, vice president
Dick Cheney said, "The mass murder of Americans by terrorists, or
the planning thereof, is not just another item on the criminal docket.
It is a war against terrorism. Where military justice is called for, military
justice will be dispensed."
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Putting faces to hate crimes
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It is an attempt to awaken the general American
public to the diversity of people around them. An 18-month-old organisation,
the South Asian American Leaders for Tomorrow (SAALT) has released
an educational video to raise awareness in the South Asian and American
communities.The documentary profiles bias crimes which have made
headlines like the Dotbusters in Jersey City, the Pittsburgh shooting
and others. The 20-minute film features interviews with advocates
and community leaders talking about how to prevent and deal with
hate crimes. Debasish Mishra, 28, who co- founded SAALT, said the
idea behind the documentary is to "put real faces on the issue
of hate crimes and to show that there are lives which are unable
to continue because of the tragedy that happened to them".
-Sonia Chopra
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There are others who make a case for the adoption of the British model
of surveillance, where after a terrorist attack in 1993 the government
installed cameras everywhere. They now want to go one step further. Install
biometric systems, which will allow cameras to use face recognition technology
to pick out previously profiled individuals passing through airports and
embassies. Implicit in these moves is a strategy that will seek to slow
down the entry of immigrants and foreign visitors into the country. Either
by creating an enhanced surveillance environment or by elaborate checks
and scrutiny of existing and future visa applicants.
"The fewer visas we issue the more thorough the background checks
that can be conducted. Moreover, fewer visas also mean fewer foreign nationals
living in the US, making it much easier to keep track of those allowed
into the country," says Steven A. Camarota, Director of Research,
Center for Immigration Studies.
The conservative elements in the US are considerably riled at the radically
altered demographics in the country. During the 1990s, an average of over
1 million immigrants settled in the US each year. Immigration has become
the determinate factor in US population growth: The 8.6 million immigrants
who indicated that they had arrived between 1990 and 1998 represent 42
per cent of the 20.4 million increase in the total US population since
1990.
The September attacks showed there was no means of keeping track of
individuals once they were in the US. Many would overstay their visas
and the ins was never wiser. Few questioned the actions of investigative
agencies when they did detain an illegal immigrant. However, the death
of Butt and the harrowing tales of a few released detainees have begun
to trigger a modicum of protest and could eventually lead to a challenge
of some of the new laws that have been put in place. And, the Bush executive
order has become the rallying point.
"The presidential order on military tribunals is the most serious
infraction from the White House. He is basically saying that the Bill
of Rights does not apply to non-citizens. The president has overstepped
his brief. A dramatic example of such a precedent is the executive order
of Harry Truman during the Korean war, which banned strikes in domestic
steel mills. The Supreme Court declared it unconstitutional," says
Timothy Lynch, director of the Washington-based Cato Institute's Project
on Criminal Justice. In the US, an executive order, used only in exceptional
circumstances, does not go through Congress. Normally, the Congress writes
the law and the president executes it. In this case, it has been reversed.
Some members of Congress have begun to rebel against the order. "I
don't know when, in the last 20 years, I have heard so many members of
both parties come up and say, what the heck is going on?" senatory
Partick Leahy, chairman of the Senate Judiciary Committee told The New
York Times.
The South Asian community itself is yet to be galvanised as a collective
and most hope that the basic values of freedom espoused by the country
so far would endure. "They are going too far and are impinging on
the First Amendment rights and personal freedom. Currently, given the
mood of the country, not many people will object. Hopefully, in a few
months, this environment would change," says Sudhir Parikh who is
president-elect of the Indian American Forum for Poltical Education.
Some non-profit bodies have begun to organise outreach programmes to
sensitise the South Asian population about their rights. Participating
in one of these programmesin Eddison, New Jersey, Stan Smith, attorney
and program director with the Asian American Legal Defense and Education
Fund, said: "They are targeting a certain kind of people. It is racial
profiling. We are in an extreme kind of situation. The atmosphere is one
where illegal immigrants will be hunted down. It is a kind of anti-immigrant
fervour."
The declining economic fortunes has enhanced the magnitude of this sentiment.
"If the immigrant community don't take a stand now, it will only
get worse," warns Mohammed.
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