In response to the numerous detentions that occurred during the implementation of the Special Registration program, a group of immigration advocates filed a lawsuit against the Attorney General and the Immigration and Naturalization Service on December 24, 2002. The lawsuit, filed in the Federal District Court for the Central District of California, names ten total plaintiffs, six anonymous John Does and four Arab and Muslim groups, the American-Arab Anti-Discrimination Committee, the Alliance of Iranian Americans, the Council on American Islamic Relations, and the National Council of Pakistani Americans.

Through the lawsuit, the plaintiffs asked for two primary forms of relief. First, the plaintiffs seek an injunction preventing the Government from conducting warrantless arrests against individuals participating in special registration. Second, the lawsuit requests that INS be prevented from a) deporting and/or b) detaining without bail individuals who have a potential means to becoming legal immigrants in the United States. Of note, because of the large number of individual who may have claims against the Government, the lawsuit also requests that this case be granted class action status.

Immigration advocates have emphasized that this lawsuit does not challenge the Government’s ability to conduct a registration process. The issues raised in the filed complaint pertain to the current procedures and implementation of Special Registration.

Government attorneys filed their response to the complaint on Thursday, December 26. The attorneys argue that the lawsuit should be thrown out of federal district court for lack of jurisdiction since the U.S. Supreme Court is the sole judicial body with the authority to review INS detention decisions. The response also states that the requested temporary restraining order regarding deportations and detentions should not be granted to the John Doe aliens in the lawsuit. The judge hearing the case ruled that the plaintiffs failed to make a case and dismissed the lawsuit, allowing the INS to continue with its Special Registration procedures.

Special Registration is a new procedure instituted by the INS to track the entries and exits of designated nonimmigrants. Individuals subject to special registration must fulfill certain requirements including making an appearance at an INS office to register.

Immigration lawyers estimate that as many as 1,000 men, who voluntarily appeared at INS for a special registration interview, were detained by the INS. Officially, the Justice Department has stated that less than 250 people were detained in the state of California.