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  1. York organization sends volunteer to visit Farouk
  2. AP 2/20/03 story on Farouk's transfer
  3. Philly Inquirer 2/16/03 story on Farouk and other detainees
  4. Farouk's greetings to the 2/8/03 NYC fundraiser

1) York organization sends volunteer to visit Farouk

This morning (2/20/03) CHRI contacted CIRCLE (Coalition for Immigrants' Rights at the Community Level), a local grassroots organization, and they immediately got a volunteer to go see Farouk. Here is the report from CIRCLE:

My volunteer just came back from the prison. She said that Farouk was very chatty! He must have been happy to have some contact from the outside. He is housed in IEB-15A.

He arrived at York at about 3PM yesterday afternoon. INS told him that prison doesn't allow him to have his own clothes so they took all his clothes from him in the INS office. He wasn't able to bring all of his underwear from NJ because he had just washed some.

They went through his papers and took his foreign language documents and said they would have to be cleared by the deputy warden. He has not been given his meds since yesterday morning. You may want to have his attorney call the medical department at the prison. The main number is 717-840-7580. [This was taken care of later.]

He apparently was very happy to see our volunteer and called her Gabriel because she is like the angel who always brings good news. Hope this helps.

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2) AP 2/20/03 story on Farouk's transfer

Detained Palestinian activist transferred to Pa. jail

By WAYNE PARRY Associated Press Writer

February 20, 2003, 3:26 PM EST

NEWARK, N.J. -- The U.S. Immigration and Naturalization Service transferred a detained Palestinian activist from a New Jersey jail to one in Pennsylvania.

Supporters of Farouk Abdel-Muhti claim Wednesday's transfer was retaliation for his role in leading a hunger strike by detainees at the Passaic County Jail in Paterson.

They also say sending him to the York County Jail, about two hours west of Philadelphia, will make it more difficult for his lawyers to pursue a lawsuit in U.S. District Court in Newark challenging his continued detention and demanding he be allowed to remain in the United States.

"This transfer interferes with Farouk's constitutional right to legal representation," said MacDonald Scott, one of several lawyers helping Abdel-Muhti challenge his detention. "The removal so far from the venue where his case is being heard goes against his due process rights."

Abdel-Muhti is suing the government, claiming it has been holding him longer than its own standards permit. He also claims that as a stateless Palestinian, there is no nation to which he can legally be deported. The case is pending.

Ben Jacob, a spokesman for the Newark INS office, said the agency "routinely, for administrative purposes, moves detainees." He declined comment on the claims of Abdel-Muhti's supporters that the transfer was punitive in nature.

Abdel-Muhti was arrested in April 2002 on the basis of a 1995 deportation order. The arrest came a month after he began working with a New York radio station, WBAI, to arrange live telephone interviews with Palestinians in the West Bank.

Last month, Abdel-Muhti and five other detainees in the Paterson jail carried out an eight-day hunger strike to protest conditions there.

Five of the detainees were transferred to the Hudson County Jail in Kearny, where they claim conditions are better, including the granting of contact visits. But Abdel-Muhti refused an offer to be moved there, instead demanding his immediate release.


Copyright (c) 2003, The Associated Press

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This article originally appeared at: http://www.newsday.com/news/local/wire/ny-bc-nj--palestiniandetain0220feb20, 0,4967151.story

Visit Newsday online at http://www.newsday.com ========================================================

3) Philly Inquirer 2/16/03 story on Farouk and other detainees

Subject: Philadelphia Inquirer | 02/16/2003 | Many detainees still not charged X-URL: http://www.philly.com/mld/inquirer/5193612.htm

___________________________________________________________________

Posted on Sun, Feb. 16, 2003

Many detainees still not charged They were picked up after 9/11 for immigration reasons. N.J. jails hold many who, by law, should be free now. By Gaiutra Bahadur Inquirer Staff Writer

They came twice, before dawn, for Farouk Abdel-Muhti.

The vendor from Queens, N.Y., was not at home the first time. The second time, police and federal agents hauled him away in handcuffs, he said.

That arrest launched Abdel-Muhti on an odyssey through New Jersey's county jails that, nine months later, has not ended.

After Sept. 11, 2001, hundreds like him - men from the Middle East and South Asia with immigration problems - found themselves in the same place: behind bars in the Garden State.

Rounded up in waves after the terrorist attacks, most have been deported.

But others are still being held, although they have not been charged with any crimes. Some have been detained longer than a U.S. Supreme Court decision allows in most cases once someone has been ordered deported.

Abdel-Muhti and five others at the Passaic County jail stopped eating for eight days last month in protest. Five asked to be moved to the Hudson County jail, where Plexiglas would not separate them from visitors as it does in Passaic County. Abdel-Muhti demanded to be released.

The Immigration and Naturalization Service ultimately moved the five.

But Abdel-Muhti, a Palestinian activist and the leader of the hunger strike, was still in an 8-by-10-foot cell in the Passaic County jail last week.

Convicts surround him. A spokesman said he was being kept apart from other INS detainees because he had coerced some into complaining about conditions. Before the hunger strike, Abdel-Muhti was in a dormitory reserved for INS detainees.

It is only the most recent jailhouse depot for Abdel-Muhti, who has not been charged with a crime. He began his journey at the Middlesex County jail.

Two days after protesting conditions there, Abdel-Muhti found himself in a Jeep, a gun in his face, on the way to a "cage" in Camden County, he said in an interview. He spent three days in solitary confinement there.

The trailers in Camden reserved for detainees gradually emptied as the INS deported one after another. But Abdel-Muhti stayed put - until he complained again. Next stop, Passaic County.

"I'm not going to pay my life here - to pay like the Japanese Americans did," he said. "Why I have to pay nine months? Why I have to pay for one day?"

Abdel-Muhti, 55, was born in a village in the occupied West Bank. He crossed into the United States from Mexico in 1976. His son, Tarek, is a U.S. citizen.

Immigration officials say Abdel-Muhti defied a 1995 deportation order. He contends that, as a Palestinian, he is a stateless person who cannot be deported. He is suing the government in federal court for his release.

The U.S. Supreme Court in 2000 ruled it unconstitutional to hold detainees ordered deported for more than six months unless there was "a significant likelihood of removal in the reasonably foreseeable future."

And most Palestinians ordered deported have been released, said David Cole, a law professor at Georgetown University in Washington.

"They're not citizens of Israel, and there's no such thing as a citizen of an occupied territory," Cole said. "Many Palestinians don't have anywhere to go."

The court decision applies only to those already ordered deported. It covers Abdel-Muhti and another hunger striker, Saleh Hamze, 31, a nightclub manager from Queens, sentenced to probation for fraudulently using someone else's cell-phone account.

Fourteen months ago, Hamze was at his pregnant wife's side in a hospital when his probation officer summoned him. When he arrived, the INS arrested him.

His first child, Aliyah, was born soon after. Hamze first held her in his arms this month, as prisoner No. 133854 at the Hudson County jail.

The Passaic County jail was cold and the food terrible, he said.

But little of that mattered. He stopped eating, he said, because Plexiglas at the jail kept him from hugging his newborn.

For more than a year, Hamze has resisted being deported to Lebanon. He said a terrorist group would kill him if he returned. But a judge ordered him deported in June, and another rejected his appeal in December.

There is no limit on how long a detainee can be held if not yet ordered deported. Yet - before Sept. 11 - most foreigners were released while judges considered their cases unless they were deemed dangerous or a flight risk, said Cole, the law professor.

"With 9/11 detainees, the government has essentially reversed that and said, 'We're going to lock you up and presume you're dangerous,' " Cole said. "It's unconstitutional. They've abused the immigration authority to lock people up."

The percentage of detained noncriminals from South Asia and the Middle East who have been held for more than a year rose from 6 percent in September 2001 to 11 percent last September, according to the INS.

The Newark and Philadelphia districts lead the nation in the number of long-term detainees. The reason is the supply of prison beds for rent, said Kerry Gill, an INS spokesman in Newark.

The immigration crackdowns took place largely in New York City, and many arrested ended up at the York County jail in Pennsylvania and in New Jersey.

Since Sept. 11, DRUM, a community-based social-justice organization of South Asian immigrants, has visited about 200 detainees in New Jersey. Half are still in jail.

"In many cases, they had to fight for bond hearings," said Namita Chad, a DRUM organizer. "Even when the INS did grant them bond, it was high. They couldn't afford to pay it, and they've stayed in jail for months."

Abdel-Muhti's case has become a cause celebre, with a Free Farouk Committee and a documentary filmmaker behind him.

But most detainees are anonymous. They were waiters, cabdrivers and deli workers who overstayed visas.

Gill declined to discuss specific cases, but said those denied bond or parole could appeal those decisions in immigration court.

Hamze's case has not collected dust, but he has languished in jail. He has been afforded due process, but he cannot afford to continue his legal fight.

"I lost already," he said. "I lost everything. They hurt me a lot. They broke my family." _________________________________________________________________

Contact staff writer Gaiutra Bahadur 856-779-3923 or bahadug@phillynews.com.

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4) Farouk's greetings to the 2/8/03 NYC fundraiser

Thanks and greetings. I am incarcerated under the Ashcroft Plan and Homeland Security, which are using the INS as a base of operations against thousands of Middle Eastern, South Asian and Muslim detainees held in jails all over the US without any criminal charges--people who are abandoned, dispossessed and humiliated in dirty jails. INS detainees are not criminals; we are all victims. The majority came here as students or workers to build this country, not to destroy it. In my own case, last month I was on hunger strike for eight days to protest my situation. Afterwards they kept me isolated for 11 days before they moved me back into the dorm; then, three days ago, they moved me into an eight-by-10 two-man cell, taking some of my papers and personal effects. Now they say they are planning to move me to another jail. I appeal to you for support, to send letters protesting my treatment. To me, Bush's rightwing policies are solely in the interest of the international corporations. His war plans against Iraq are not just to get oil but to gain economic control over the entire region. It is very clear now that Bush is identified with Israel and the rightwing Likud Party and is taking money from US taxpayers to continue massacres in Palestine and destroy the infrastructure there. Israel is a central base of action for the US in the Middle East, and its policies are parallel to the US plans to invade Iraq. The tie between imperialism and Zionism is now clear. We oppose the US sending its children to war, just as we oppose the killing of the people of Iraq. And at the same time that people here will suffer from the war, they continue suffering from the economic downturn. I want to express my thanks to and solidarity with my brother Roger and my sister Lynne, and my thanks to human rights and legal organizations fighting for the detainees. Left and progressive forces need to stay united. Our struggle is not about race or religion--it's against exploitation, oppression and the big corporations. We demand the release of all political prisoners. We support the struggle of the Cuban people, and demand the release of the five Cuban prisoners and an end to the embargo. We support the struggle of the African American people and demand the release of Mumia and all the other African American prisoners. We support the struggle of the indigenous people and demand the release of Leonard Peltier. We support the struggles of Latinos and demand the release of the remaining Puerto Rican independentistas. We need to impeach Bush, who is like the Roman emperor Nero, fighting for an empire while his country collapses. We must not return to the days of McCarthyism or of the internment of Japanese Americans. No war on Iraq! Free Palestine! La lucha sigue, y venceremos. Farouk Abdel-Muhti Passaic County Jail February 7, 2003



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Committee for the Release of Farouk Abdel-Muhti
PO Box 20587, Tompkins Square Station
New York, NY 10009
Phone: 212-674-9499
Email freefarouk@yahoo.com
Website: www.freefarouk.org
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After an Entire Year,
NY Palestinian Activist
Still in INS Detention

New York area Palestinian activist Farouk Abdel-Muhti has now been held in detention by the Immigration and Naturalization Service (INS) for six months. He is not charged with any crime; he is being held allegedlyon the basis of a 1995 deportation order?even though the INS has been unable to deport stateless Palestinians like Farouk.

Farouk is well known in the new York activist community for his work on a variety of issues, including Palestinian self-determination, immigrant rights, and a hlat to the bombing of the Puerto Rican island ofr Vieques. In March of this year, Farouk began working regularly at the local Pacifica radio station, WBAI-FM, arranging interviews with Palestinian splkes people at a time when the israeli military was invading West Bank cities and towns. The INS arrested Farouk on April 26.

Farouk's legal team is working to have Farouk released pursuant to the Supreme Court's 2001 decision in Zadvydas v. Davis, which limits detentioin to six months for most immigrants facing deportaiton. But public pressure is likely to be the decisive factor in freeing Farouk.

We need to tell the government:

  • Immigrants facing deportation are not charged with a crime, and it is wrong to hold them in jail like criminals.
  • It is cruel and a violation of international human rights standards to attempt to deport Palestinians and other immigrants who are stateless wr whose countries will not accept them. Some end up like Palestinian activist and Florida resident Mazen Al-Najjar, who was deported in August, supposedly to Bahrain; Bahrain refused to admit him, and the INS flew him to Lebanon, which expelled him in September, according to his family, who are not revealing his present location.
  • Immigrants like Farouk are a resource for our communities. Farouk's continued detention is an attack on his right to free speech and our right to the fre flow of information about the situation in the Middle East.