 ATTACK ON AMERICA - IMMIGRATION UPDATE
After arresting and detaining more than 600 people, the FBI has announced that only 220 people are still under investigation, saying that none of the others are connected to the World Trade Center and Pentagon attacks. While details are not being released, the FBI says that they have linked a number of those in custody directly to Osama bin Laden.
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US officials have confirmed that all 19 of the suspected hijackers involved in the September 11th terrorist attacks had legally obtained business and tourist visas at US consulates. At least one of the men obtained his visa as long ago as 1995, but it is unknown when the others obtained their visas. Business and tourist visas can be issued with a number of restrictions. The longest such a visa is valid is ten years, but for nationals of most countries, they are valid for a much shorter time. They can also be valid either for only one entry to the US or for multiple entries. It has also been confirmed that six of the suspects obtained visas last year in Saudi Arabia , where tourist visas are valid for a maximum of two years with multiple entries allowed. Also, it is believed that nine of the suspects entered the US using these visas, although where and when is not being revealed.
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Since the September 11th attacks, as many as 10 people have been forced to leave commercial domestic US flights because of their appearance. While airlines are private businesses, because they are considered “common carriers,” they are legally prohibited from discriminating on the basis of race. The US Department of Transportation has warned against such actions, but airlines are contending with passengers and crewmembers that are hesitant to fly if people on board fit the profile of those suspected of the terrorist actions.
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Observers say that the level of secrecy surrounding court proceedings and documents connected with the investigation is unprecedented. Most records are being sealed in the name of national security. Many of the hearings are immigration related and some of them are about determining whether a person in custody can continue to be detained as a material witness. Some attorneys are arguing that while they understand the need for secrecy, in some cases it is being taken too far. For example, some attorneys are not being told where their clients are being held. Also, many attorneys are concerned that the INS is not issuing bond to those held on simple immigration violations like visa overstays. In the past this was common practice.
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Federal authorities, deep into the investigation of the September 11th terrorist attacks are being criticized for mistakenly detaining a number of people for extended periods of time. In one example of such mistakes, more than 25 Mauritanians were detained in Kentucky in the days following the attacks. They have since been released, but officials are not apologizing for cases of mistaken identity. The men were detained after law enforcement authorities received a tip that some of them matched the description of the hijackers. None were charged with any criminal offense.
A Saudi born doctor based in San Antonio was detained for nearly two weeks on suspicions of being a terrorist. He was eventually released when it was determined that he was the victim of identity theft.
In another case, a native of India was released after nine days in detention. Khurram Shamim was originally detained because he fit a profile of people the FBI wants to question. He was held on immigration charges relating to switching schools without notifying the INS, violating F-1 visa rules. According to records presented during the hearing at which his release was granted, the FBI is asking that people not be released until they can be thoroughly interviewed.
Among others released were two brothers from Saudi Arabia . They were arrested on an outstanding warrant for a traffic violation outside the Denver International Airport on September 15. After their arrests, they were held for three weeks. They were finally released this week after paying bond for minor immigration violations related to their student visas.
Three Yemeni siblings were also caught up in the investigation. The name and address of one of them appeared on an insurance form for a man linked to the hijackings, and all three were arrested. One remains in INS custody for ignoring an April deportation order, but the other two were released after two weeks in detention. The INS says that they violated the terms of their student visas by quitting school. Both are seeking to have their visas reinstated. The older brother was ordered deported after losing an asylum application, but he maintains that he will be imprisoned if returned to Yemen .
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Facing increasing hostility and anger, more and more foreign students are choosing to leave the US . About 40 of the 200 Middle Eastern students at the University of Arizona have left even though there have been no reports of violence on the campus. The University of Arizona is one of several hundred schools from which law enforcement has requested foreign student records. University of Arizona records revealed that one of the suspected hijackers, Hani Hanjour, attended the school during the early 1990s. According to university officials, the college, like most others, is fully cooperating with the investigation and would be willing to participate in a student tracking system.
A survey of colleges and universities about their cooperation with law enforcement officials in the terrorism investigation being conducted by the American Association of Collegiate Registrars and Admissions Officers. According to the survey, 217 schools have now been contacted, and at least 156 have provided information. Nearly 2,000 schools have responded to the survey. Ninety-eight schools indicated that they were asked to provide confidential information. The survey also reports that nearly 500 schools have had students withdraw for military service and 197 schools report foreign students withdrawing.
In better news for foreign students and the international academic community, Sen. Dianne Feinstein this week backed off her calls for a six-month moratorium on issuing student visas. She said that after meeting with officials from colleges and universities, who said such a moratorium would seriously hurt them, she is convinced that all that is needed is a system to track foreign students.
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Following reports that the INS had notified at least one family that they were going to be deported because they were out of status following the death of the primary visa holder in the attack on the World Trade Center, the INS has announced that it will exercise discretion in these cases and that no one should expect to be forced to leave in the immediate future. Deena Gilbey, a citizen of the United Kingdom, lost her husband in the attacks on the World Trade Center . She and their two children were dependent on her husband’s visa for their status, and since his death they have technically been out of status. Coverage of her situation prompted INS Commissioner James Ziglar to make his announcement, adding that the INS is in the process of developing an agency wide policy for dealing with these cases.
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