Detentions following the September 11 attacks
Encyclopedia
Soon after the attacks of September 11, 2001
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...

, the United States Government began detaining people who fit the profile of the suspected hijacker
Aircraft hijacking
Aircraft hijacking is the unlawful seizure of an aircraft by an individual or a group. In most cases, the pilot is forced to fly according to the orders of the hijackers. Occasionally, however, the hijackers have flown the aircraft themselves, such as the September 11 attacks of 2001...

s: mostly male, Arab
Arab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...

ic or Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...

 noncitizens
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...

. By late November 2001, more than 1,200 people had been detained and held incommunicado
Incommunicado
Incommunicado, as an adjective or adverb, refers to a situation or a behaviour due to which communication with outsiders is not possible, for either voluntary or involuntary reasons, especially due to confinement or reclusiveness....

 (Without the means or right to communicate).

Those opposed of the detentions labeled these detentions "secret", as such detentions are contrary to American democratic principles of openness and freedom. The government was also criticized for singling out Arabs, Muslims or foreigners, implying that this was "racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...

" at its worst.

At that time the government announced that it suspected 10 to 15 of the detainees as being al Qaeda sympathizers, but said that no evidence links them directly to the attacks. Most of these people are being held in New York on material witness
Material witness
A material witness is a person with information alleged to be material concerning a criminal proceeding. The authority to detain material witnesses dates to the First Judiciary Act of 1789, but the Bail Reform Act of 1984 most recently amended the text of the statute, and it is now codified at...

 warrants. Opponents of the detentions claimed that the government had no valid grounds for such a massive number of detentions, especially those held without any evidence.

About 500 detainees are in federal custody on immigration charges.

About 70 Israelis have been detained, but were later released.

Detainees

Osama Awadallah wrote about one of the hijackers in a college exam book.

Mohdar Abdallah's name was found on a slip of paper in a rental car one of the hijackers parked at Dulles International Airport.

Hady Hassan Omar, an Egyptian antiques dealer from Arkansas, made plane reservations on a computer at Kinko's about the same time one of the hijackers did so at the same place.

Osama Elfar (November 9, 1971- ), an Egyptian from Alexandria, Egypt, went to the United States in 1996 to attend Embry-Riddle Aeronautical University
Embry-Riddle Aeronautical University
Embry-Riddle Aeronautical University is a private university in the US specializing in aviation and aerospace engineering. It teaches the science, practice, and business of aviation and aerospace. Called "The Harvard of the Sky" by Time Magazine in 1979, Embry-Riddle has a history dating back to...

 in Daytona Beach, Fla. He worked as a flight mechanic for Trans States Airlines
Trans States Airlines
Trans States Airlines is the thirteenth largest American regional airline and is headquartered in Bridgeton, Missouri. It operates as United Express for United Airlines and US Airways Express for US Airways.- History :...

 at Lambert-St. Louis International Airport
Lambert-St. Louis International Airport
Lambert-St. Louis International Airport is a Class B international airport serving Greater St. Louis. It is located approximately northwest of downtown St. Louis in unincorporated St. Louis County between Berkeley and Bridgeton. It is the largest and busiest airport in the state with 250 daily...

 for several years. On September 24, he was arrested by FBI agents, who also seized his address book, phone bills and computer. On October 5, he was administered a lie detector
Lie Detector
"Lie Detector" is a CD single by The Reverend Horton Heat. It was released in October 1998 on Sub Pop.-Personnel:*Jim "Reverend Horton" Heath - lead vocals, guitar*Jimbo Wallace - upright bass, vocals*Scott Churilla - drums, vocals...

 test. He has been detained at Mississippi County Correctional Facility in Charleston, Missouri
Charleston, Missouri
Charleston is a city in Mississippi County, Missouri, United States. The population was 4,732 at the 2000 census. It is the county seat of Mississippi County and it is a home to a local correctional facility.-History:...

 since. In early November, he received a "voluntary departure", which forces one to leave the country but does not forbid a later return. On November 23, he was scheduled to depart, but he was not released. He began a hunger strike that day; as he was already fasting during the day for Ramadan
Ramadan
Ramadan is the ninth month of the Islamic calendar, which lasts 29 or 30 days. It is the Islamic month of fasting, in which participating Muslims refrain from eating, drinking, smoking and sex during daylight hours and is intended to teach Muslims about patience, spirituality, humility and...

, he now only drinks a single glass of water at sunset. He is being represented by Dorothy Harper.

Ali al-Maqtari, 26, was born in Yemen, studied in France and went to the United States on a tourist visa in 2000 hoping to become a French teacher. In June 2001, he married Tiffany Hughes, a native of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...

 and a convert to Islam, whom he met through an online chat room. They moved to New Haven, Connecticut
New Haven, Connecticut
New Haven is the second-largest city in Connecticut and the sixth-largest in New England. According to the 2010 Census, New Haven's population increased by 5.0% between 2000 and 2010, a rate higher than that of the State of Connecticut, and higher than that of the state's five largest cities, and...

, where he planned to study at Southern Connecticut State University
Southern Connecticut State University
Southern Connecticut State University is one of four state universities in Connecticut, and is located in the West Rock neighborhood of New Haven, Connecticut...

 that fall. Hughes, a member of the United States National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...

, wanted to enlist in the U.S. Army. On September 13, while wearing a head scarf
Hijab
The word "hijab" or "'" refers to both the head covering traditionally worn by Muslim women and modest Muslim styles of dress in general....

, she picked up her military orders in Massachusetts to go to Fort Campbell, Kentucky
Fort Campbell, Kentucky
Fort Campbell is a United States Army installation located astraddle the Kentucky-Tennessee border between Hopkinsville, Kentucky, and Clarksville, Tennessee...

. While Al-Maqtari drove her there, her photograph was posted at the Fort Campbell guardhouse. Upon their arrival on September 15, he was taken to Memphis, Tennessee
Memphis, Tennessee
Memphis is a city in the southwestern corner of the U.S. state of Tennessee, and the county seat of Shelby County. The city is located on the 4th Chickasaw Bluff, south of the confluence of the Wolf and Mississippi rivers....

 for questioning. Two box cutters and postcards of New York City were found in the car. They were both administered polygraph
Polygraph
A polygraph measures and records several physiological indices such as blood pressure, pulse, respiration, and skin conductivity while the subject is asked and answers a series of questions...

 tests; Hughes was informed that the tests showed that she and her husband had lied, and that the results were being sent to the Pentagon.

Guards followed Hughes around the base, while other soldiers openly asked her if she was a spy. On October 28, she took an honorable discharge, as encouraged by base officers.

Al-Maqtari's detention began on September 17 at the West Tennessee Detention Center in Mason, Tennessee
Mason, Tennessee
Mason is a town in Tipton County, Tennessee, United States. The population was 1,089 at the 2000 census. Mason is located along U.S. Highway 70, and is home to a federal detention facility.-Geography:Mason is located at ....

. He was allowed to speak on telephone with his wife once a week. On October 1, an immigration judge agreed to release him on US$50,000 bond, but the Immigration and Naturalization Service
Immigration and Naturalization Service
The United States Immigration and Naturalization Service , now referred to as Legacy INS, ceased to exist under that name on March 1, 2003, when most of its functions were transferred from the Department of Justice to three new components within the newly created Department of Homeland Security, as...

 appealed to the Board of Immigration Appeals
Board of Immigration Appeals
The Board of Immigration Appeals is the part of the Executive Office for Immigration Review that reviews the decisions of the Immigration Courts and some decisions of the U.S. Citizenship and Immigration Services. It is an administrative appellate body that is part of the United States Department...

, claiming he was a danger to the community. The board said the service could continue to hold Mr. Maqtari, but asked for additional proof.

On October 11, Michael E. Rolince, the FBI's international terrorism section chief, submitted an affidavit which asserted, "What may seem trivial to some may appear of great moment to those within the F.B.I. or the intelligence community." The affidavit also asserted that the bureau was unable to rule out the possibility al-Maqtari was linked to the September 11 attack, and that he might be part of a terrorist "mosaic". No further evidence was submitted. In mid-November, the board said he could be released.

In June 2002, they will have to appear before court to prove that their marriage is for real, and not for a Green Card
United States Permanent Resident Card
United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis....

.

He is being represented by Michael J. Boyle of New Haven.

Ahmed Abou el-Kheir, 28, of Egypt, went to the United States on a tourist visa on September 7, staying at a hotel in suburban Maryland. Mr. Kheir was arrested the week of the attack and charged with trespassing in the hotel. He was detained in the Passaic County jail in New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

, shown photographs of the hijackers, and was administered a lie detector
Lie Detector
"Lie Detector" is a CD single by The Reverend Horton Heat. It was released in October 1998 on Sub Pop.-Personnel:*Jim "Reverend Horton" Heath - lead vocals, guitar*Jimbo Wallace - upright bass, vocals*Scott Churilla - drums, vocals...

 test. In late September, while still in custody, Mr. Kheir was charged in sealed documents as a material witness. On October 11, investigators dismissed the material witness order.

Within twenty-four hours, before he was released, he was served with an arrest warrant charging that he had failed to pay a US$250 fine for a 1998 disorderly conduct charge in the Bronx. On October 12, he appeared before a judge in the Bronx. The warrant was vacated, and he was given a conditional discharge.

Then the Immigration and Naturalization Service requested to detain him, charging that he had held jobs (he had worked as a dishwasher) while on a tourist visa on his two previous visits to the United States. His deportation was ordered, but the INS will not deport him without his passport, which is in the FBI's custody.

He is being represented by Martin R. Stolar.

Yael Antebi, 21, a red-headed woman from Haifa
Haifa
Haifa is the largest city in northern Israel, and the third-largest city in the country, with a population of over 268,000. Another 300,000 people live in towns directly adjacent to the city including the cities of the Krayot, as well as, Tirat Carmel, Daliyat al-Karmel and Nesher...

, Israel, went to the United States in late September to visit her boyfriend, also Israeli, on a tourist visa. Both worked selling toys in shopping mall kiosks, a violation of the visa. While leaving a message on the telephone for her father, she was arrested by INS agents at 2:30 AM CST November 1 from her apartment in Columbia, Missouri
Columbia, Missouri
Columbia is the fifth-largest city in Missouri, and the largest city in Mid-Missouri. With a population of 108,500 as of the 2010 Census, it is the principal municipality of the Columbia Metropolitan Area, a region of 164,283 residents. The city serves as the county seat of Boone County and as the...

. She was detained until November 19.

Hady Hassan Omar was held without trial and placed in solitary confinement for 73 days. For a long period after his arrest, he was not allowed access to an attorney. One of prison guards told him, "The attorney general just signed a new law today. We can keep you here as long as we like." He was subjected to repeated interrogations. He threatened hunger strikes, but was told by prison officials that they would just strap him to a gurney and force-feed him through a tube up his nose. After 73 days, he threatened suicide, and finally officials decided that he was innocent and released him.

Ali K. Steitiye, 41, was arrested October 24, 2001 while driving in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...

 on charges related to being part of an alleged terror cell. This followed an episode on September 29, when a sheriff's deputy happened upon Steitiye and five others firing guns at a gravel pit near Washougal, Washington
Washougal, Washington
Washougal is a city in Clark County, Washington, United States. On April 1, 2010, the United States Census Bureau stated the city's population was 14,095.-History:Washougal was officially incorporated on December 4, 1908...

. He was convicted in June, 2002 for weapons and fraud charges, and sentenced to two and one half years in prison. He was also listed in an indictment against the Portland Seven
The Portland Seven
The Portland Seven was a group of American Muslims from the Portland, Oregon area arrested in October 2002 as part of an FBI operation attempting to close down a terrorist cell...

 as an unindicted co-conspirator.

Although his sentence was finished in December 2003, Steitiye was being held pending his deportation to Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...

, where he planned to join his family. In March 2004, a secret indictment hand up new charges against Steitiye, stating that he illegally possessed a machine gun, and being an ex-convict in possession of a weapon.

Earnest James Ujaama
Earnest James Ujaama
Earnest James Ujaama is a convicted felon who was found guilty of supporting al-Qaeda.-Biography:Born in Denver, Colorado in 1966 as James Thompson, he moved with his family to Seattle at the age of 5. He converted to Islam and changed his name to Ujaama...

was arrested July 22, 2002 on a material witness charge, and later indicted for providing material resources to al-Qaeda. He later pled guilty and received a two year sentence, and in return provided information on terrorist activities.

Brandon Mayfield
Brandon Mayfield
Brandon Mayfield is an American attorney in Washington County, Oregon. He is best known for being erroneously linked to the 2004 Madrid train bombings. On May 6, 2004, the FBI arrested Mayfield as a material witness in connection with the Madrid attacks, and held him for over two weeks...

was arrested May 6, 2004 on a material witness charge, on the basis of a fingerprint found after the 11 March 2004 Madrid attacks. Although Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

 authorities were doubtful that the identification was correct, he was held for two weeks until they conclusively identified the fingerprint as belonging to another man.

Alleged abuses as a result of detentions

  • Holding some detainees for prolonged periods without charges
  • Impeding their access to counsel
  • Coercive interrogations
  • Overriding judicial orders to release them on bond during immigration proceedings.
  • Some detainees were physically
    Physical abuse
    Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...

     and verbally
    Verbal abuse
    Verbal abuse is best described as a negative defining statement told to you or about you; or by withholding any response thus defining the target as non-existant...

     abused because of their national origin or religion.
  • Violating the IV Amendment of the Bill Of Rights.


White House Counsel Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...

 in a January 2002 memorandum to president Bush recommended that the Bush administration not apply the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...

 to al-Qaida and Taliban detainees. In this way, the president and other U.S. officials could also avoid potential prosecution under the War Crimes Act of 1996
War Crimes Act of 1996
The War Crimes Act of 1996 was passed with overwhelming majorities by the United States Congress and signed into law by President Bill Clinton....

, a federal law that makes it a crime, in some cases punishable by death, to mistreat detainees in violation of the Geneva Conventions (Chicago Sun-Times, September 23, 2006, free archived version at: http://www.commondreams.org/views06/0923-22.htm last visited, 8/25/06).

External links

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