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AMP Report – June 14, 2005
Lodi Muslims allege 'harassment' by FBI
SACRAMENTO, CA - The Sacramento Valley office of the Council on American-Islamic Relations (CAIR-SV) hosted a series of "Know Your Rights" workshops in Lodi and Stockton, Calif., prompted by reports of what local Muslim called "harassment" by FBI agents.
On June 13, a workshop in Stockton, attended by some 200 area Muslims, was the last of three sessions designed to inform community members about their legal rights. Both California communities were targeted by the FBI following the highly-publicized arrest or detention of several local Muslims.
Speakers at the workshop included attorneys with the Bay Area Association of Muslim Lawyers and representatives from the American Civil Liberties Union (ACLU) and the Japanese American Citizens League (JACL).
CAIR-SV officials said they have received numerous reports of intimidating tactics used recently by some FBI agents. Reports of inappropriate conduct by law enforcement officials include threats of arrest or deportation used to coerce cooperation, unnecessary use of force, denial of medical treatment, and constant FBI surveillance of regular mosque attendees.
One person said FBI agents told him they would arrest him for "jaywalking" unless he agreed to be interviewed. Another said he was told not to retain an attorney. Two local Muslims told CAIR-SV they felt compelled to quit their jobs after agents "humiliated" them at work. Others complained of lie detector sessions in which they were accused of lying after answering the same question asked in a variety of ways.
"Law enforcement authorities have every right to follow up on legitimate leads in any investigation, but a 'round up the usual suspects' approach will only serve to intimidate those whose cooperation is sought," said CAIR-SV Executive Director Basim Elkarra.
Elkarra said he informed law enforcement officials of the Muslim community's concerns at a meeting in Lodi on Saturday. He added that CAIR publishes a free "Know Your Rights Pocket Guide" that outlines the legal rights of American citizens and permanent residents in a variety of situations. To order a pocket guide, go to: https://www.cair-net.org/comersus/store/comersus_viewItem.asp?idProduct=1020
Civil right activists report FBI harassment
Davis civil right activist Norbie Kumagai visited Lodi on June 10 along with other activists, to meet the individuals who had been "voluntarily interviewed" by federal law enforcement authorities.
Kumagai revealed that one of the most shocking recollections was once Mr. Hamid Hayat and Mr. Umer Hayat were arrested and taken into custody, federal agents - in the process of executing a search warrant of the Hayat's residence, broke down the front door and pointed service revolvers at the women (who along with the children remained). One of the women fainted under the stress. Once paramedics arrived, they were initially denied access to treat this individual. Only after asserting themselves, were they allowed to enter the premises.
He added that two young men, who work for Delta Packaging, were frisked and initially questioned at their place of employment on Monday evening, in front of their coworkers. Neither of these gentlemen has since returned to work.
Norbie Kumagai went on to say that after listening to the stories, when we departed the hotel in a mini-van, at least five (5) unmarked federal vehicles followed us to the Lodi Islamic Center. “We continued to be tailed by these vehicles (including two helicopters) for the remainder of our evening in Lodi.”
The civil right activists were asked by family of two other gentlemen who were being questioned by federal authorities at the Lodi Police Department to meet with these gentlemen and advise them of their constitutional rights.
”We spent at least two and a half hours at the Police station being constantly ignored by the federal authorities. When the two gentlemen finally came downstairs to the lobby well after midnight (apparently the Department of Justice has taken over the second floor), they were surprised to see us since no one notified them of our presence.”
House of worship
Norbie Kumagai said that people need to know that regardless of their immigration status, they have the freedom to peacefully assemble, to travel within the country relatively unimpeded, and to worship in their "Houses of Religion".
However, He added that there is no difference, in theory, gathering on a Friday afternoon at the Islamic Center in the City of Lodi or at the Davis Community Church (United Presbyterian Church U.S.A.) in the City of Davis on a Sunday morning.
“I shared with the members of the Muslim community that we should be able to exercise our constitutional right to attend our "Houses of Worship" without having the U.S. Justice Department conducting surveillance operations outside. That "cooperating with Federal Law Enforcement Authorities" means freely exercising one's constitutional rights to peacefully gather to attend worship services as well as respectfully declining a voluntary interview with special agents from the U.S. Justice Department.
”Reality, however, is a different story. Being under the "watchful eyes" of the United States Department of Justice (i.e. Special Agents from the Federal Bureau of Investigation) as you attend Friday afternoon prayers at the local Islamic Center produces a "chilling effect" on our constitutionally-protected right to practice one's own religion. When we pass the collection plate on a Sunday morning, few of my fellow parishioners are even remotely concerned that we could later be accused of potentially "raising money" for terrorist organization through our tithing. In Lodi's Muslim community - that thought, that "sense of fear" is constantly present on their faces.”
”Mr. Hamid Hayat, an American citizen, is being held under a "no-bail warrant" in Sacramento for allegedly attending an El-Qaeda terrorist camp in Pakistan. His father, Mr. Umer Hayat, also an American citizen, is being held under a sole count of "lying to federal authorities. My understanding is that both of these gentlemen agreed to "voluntarily" meet with the U.S. Department of Justice and to respond to a series of questions,” Norbi Kumagai said.
The Muslim community throughout the Sacramento region needs our help. We need to let our fellow brothers and sisters know that we support them and are available to be of assistance.
Different groups are in the process of organizing a press conference to speak out about members of the Lodi Islamic community's systematic infringement of basic constitutional protections by federal law enforcement authorities.
Norbi Kumagai said he was reminded that shortly after the bombing of Pearl Harbor, special agents from the United States Department of Justice came to the Japanese American community on the West Coast and immediately questioned and detained leaders of the community (specifically adult men).
”When dozens of federal authorities descend on the City of Lodi and begin systematic "voluntary questioning" of leaders of the Muslim community, associated friends and relatives, or begin arresting and detaining individuals for "immigration violations", I can't help but make similar comparisons.”
Sacramento Bee - June 13, 2005
Feds criticized for immigration holds in terror probe
By DON THOMPSON
SACRAMENTO - The attorney for three Pakistani citizens held on immigration complaints criticized federal agencies Monday for suggesting they are part of an investigation into a Lodi man suspected of training at an al-Qaida terrorist camp in Pakistan and planning attacks in the U.S.
"There is not a single item of evidence that any of my three clients has ever been involved in, or in any way associated with, any terrorist activity whatsoever," Saad Ahmad said in a letter to news outlets. "Further, we dispute the government's charges that any visa violations occurred."
Ahmad represents two Lodi religious leaders, Muhammad Adil Khan and Shabbir Ahmed, and Khan's 19-year-old son, Muhammad Hassan Adil Khan, all of whom were detained last week pending immigration hearings scheduled within the next three weeks.
At the same time, the FBI arrested Hamid Hayat, 22, who is alleged to have attended an al-Qaida-linked terrorist camp in Pakistan in 2003 and 2004. He and his father, Umer Hayat, 47, both U.S. citizens, are being held without bail on charges of lying to federal investigators.
"That's what the investigation is about," responded FBI spokeswoman Marcie Soligo. "Certainly we don't want to jump to any conclusions" but "they're all part of our investigation."
Ahmad said his clients, their families and the Pakistani community have been tarnished by the association. "My clients love the United States, and cherish the fact that they are free to practice the Muslim religion here. They are eager to clear their names and prove their innocence."
He also disputed the immigration complaints. Ahmed was admitted to the United States on Jan. 23, 2002, and Adil Khan on April 9, 2001, both on religious visas contingent on their employment as Muslim religious leaders, or imams, for the duration of their stay, Ahmad said. Hassan Khan was admitted on March 7, 2003, as Adil Khan's minor child.
Ahmad said the U.S. Immigration and Customs Enforcement wants to deport Adil Khan because he is no longer employed as an imam, and his son because his father's employment has lapsed. Ahmed is said to have overstayed his visa.
The federal agency has declined to detail the allegations against the men…..
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