Thread: Court backs U.S. immigration screening of Arab, Muslim men

Court backs U.S. immigration screening of Arab, Muslim men

It was constitutional for the United States to require visitors from two dozen Arab and Muslim countries and North Korea to register with immigration authorities, a federal appeals court ruled today.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled that U.S. authorities could deport three of four men who claimed their rights were violated. The case of the fourth was returned to the Board of Immigration Appeals for review.

After the Sept. 11, 2001, terrorist attacks, males from 24 Arab and predominantly Muslim countries and North Korea had to register with immigration officials. That requirement has since been discontinued, although a database remains.

The four men — Mohamed Rajah, Said Najih, Saade Benjelloun, Samer Emile El Zahr — were ordered deported for not having the proper immigration status.

Read the court's opinion (pdf). Here's the ruling (pdf) for Mohamed Rajah.

Posted by Michael Winter at 04:51 PM/ET, September 24, 2008 in Terrorism | Permalink
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Court: Monitoring Muslim visitors was legal

NEW YORK (AP) — A post-9/11 rule that required visitors from two dozen Arab and Muslim countries and North Korea to register with immigration authorities was constitutional, an appeals court said Wednesday.
The 2nd U.S. Circuit Court of Appeals said it did not quibble with the fact that the program selected countries that were predominantly Muslim.

"One major threat of terrorist attacks comes from radical Islamic groups," the court said. "The Sept. 11 attacks were facilitated by violations of immigration laws by aliens from predominantly Muslim nations. The program was clearly tailored to those facts."

The program was part of the National Security Entry-Exit Registration System, meant to improve the monitoring of immigrants and the enforcement of immigration laws. Males from 24 Arab and predominantly Muslim countries and North Korea who were not permanent residents had to register, submit to fingerprinting and prove they were legally in the U.S.

The requirement has been phased out, but the database of information still exists.

The appeals decision came in response to challenges by five men who claimed their constitutional rights were violated when they were ordered deported. The court upheld the constitutionality of the program and upheld four of the deportation findings. Another case was returned to the Board of Immigration Appeals for further proceedings.

The court noted that the men challenged the program in part on their perception of its effectiveness and wisdom.

"They argue, among other things, that it has not succeeded in catching many terrorists," the court said. "However, we have no way of knowing whether the program's enhanced monitoring of aliens has disrupted or deterred attacks."

Telephone messages left for lawyers on both sides were not returned Wednesday
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