Civil Rights Concerns In the Metropolitan Washington, D.C., Area In the Aftermath of the September 11, 2001, Tragedies District of Columbia, Maryland, and Virginia Advisory Committees to The U.S. Commission on Civil Rights June 2003 This report of the District of Columbia, Maryland, and Virginia Advisory Committees to the U.S. Commission on Civil Rights was prepared for the information and consideration of the Commission. Statements and viewpoints in this report should not be attributed to the Commission, but only to the participants at the community forum, other individuals or documents cited, or the Advisory Committees. The United States Commission on Civil Rights The U.S. Commission on Civil Rights is an independent, bipartisan agency established by Congress in 1957, reconstituted in 1983, and reauthorized in 1994. It is directed to investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, disability, or national origin, or by reason of fraudulent practices; study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice; appraise federal laws and policies with respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice; serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin; submit reports, findings, and recommendations to the President and Congress; and issue public service announcements to discourage discrimination or denial of equal protection of the laws. The State Advisory Committees By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states and the District of Columbia. The committees are composed of state citizens who serve without compensation. The committees advise the Commission of civil rights issues in their states that are within the Commission’s jurisdiction. More specifically, they are authorized to advise the Commission on matters of their state’s concern in the preparation of Commission reports to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to committee inquiries; forward advice and recom- mendations to the Commission, as requested; and observe any open hearing or conference conducted by the Commission in their states. This report is available on disk in ASCII and WordPerfect 5.1 for persons with visual impairments. Please call (202) 376-8110. It is also posted on the Commission’s Web site at www.usccr.gov. Civil Rights Concerns In the Metropolitan Washington, D.C., Area In the Aftermath of the September 11, 2001, Tragedies Letter of Transmittal District of Columbia, Maryland, and Virginia Advisory Committees to the U.S. Commission on Civil Rights Members of the Commission Mary Frances Berry, Chairperson Cruz Reynoso, Vice Chairperson Jennifer C. Braceras Christopher Edley, Jr. Peter N. Kirsanow Elsie Meeks Russell G. Redenbaugh Abigail Thernstrom Les Jin, Staff Director The District of Columbia, Maryland, and Virginia Advisory Committees submit this report, Civil Rights Concerns in the Metropolitan Washington, D.C., Area in the Aftermath of the September 11, 2001, Tragedies, as part of their responsibility to advise the Commission on civil rights issues in their respective states. The Committees approved this report collectively in a vote of 37 to 1, with no abstentions. One dissenting statement and the editorial committee’s clarification to this statement are attached as appendices 1 and 2, respectively.1 The September 11 tragedies perpetrated by terrorists from Middle Eastern countries led to a surge in hate violence and discrimination against persons of Middle Eastern descent and Muslims, and by extension, South Asians, Sikhs, and others mistakenly perceived to be part of the Islamic community living in the United States. At the same time, the federal government’s nationwide response in the aftermath of the Septem- ber 11 attacks spurred new national policies, laws, and administrative directives that appeared to rights advocates as having devastating consequences for civil rights protections for residents and potential immigrants. To address these and other related concerns and in response to the Commissioners’ urging all State Advisory Committees (SACs) to monitor pertinent developments, the Eastern Regional Office formed a DC/MD/VA Inter-SAC Committee in fall 2001, consisting of the chairperson and three members of each SAC. We believed that a joint, collaborative effort by three SACs could achieve a more comprehensive and in-depth examination of issues in the Washington, D.C., metropolitan area than what may be possible by individual SACs separately. We also felt that it was sensible to con- sider the Washington metropolitan area as a whole because this area is home to large populations of people of Middle Eastern and South Asian origin whose strong religious and advocacy organizational bases are in the region, and it is also the site of one of the 9/11 attacks. Our efforts culminated in a two-day community forum held on April 24 and 25, 2002, in Annandale, Virginia, concentrating on four overlapping communities—Arabs, South Asians, Muslims, and Sikhs—that experienced hate violence and discrimination. While the forum was concerned first and foremost with the local situa- tion, the Inter-SAC Committee thought it necessary to also incorporate the larger, national context of civil rights and civil liberties concerns. The forum included a broad spectrum of 35 panelists, who detailed the fears and concerns of affected, at-risk communities, and local government responses; 1 Early in the process of report preparation, the Inter-SAC Committee appointed an editorial committee consisting of three SAC chairpersons and one designee from each of the three SACs, charging it to shepherd the report on behalf of the commit- tees through final editing. The editorial committee unanimously decided to write a response to the dissent, which is presented in appendix 2. iii how the United States has addressed civil liberties during past national crises; and civil liberties ramifications of the USA Patriot Act. Through collective dialogue on these issues with panelists, our three Committees have drawn the following observations: 1. In the wake of the September 11 terrorist attacks, hate violence and discrimination have had a severe impact on people of Arab, South Asian, Muslim, and Sikh backgrounds in the Washing- ton, D.C., metropolitan area, and across the United States. We have received reports of hun- dreds of hate incidents documented across the country. Mechanisms are now in place for members of the public to file complaints about airline discrimination. Representatives of fed- eral agencies stated at the forum that these complaints were being investigated thoroughly. The U.S. Justice Department’s Civil Rights Division has publicly warned against hate violence and discrimination, created a special post-9/11 initiative, reached out to vulnerable communi- ties, and opened 350 investigations into alleged hate crimes as well as numerous civil investi- gations into noncriminal bias incidents. 2. The tactics being used to pursue the federal government’s war on terrorism pose a threat to civil liberties, and history gives reason to doubt their potential effectiveness. To the extent that government investigators target people based on their ethnic or religious background, these actions are at best ineffective protection against terrorism. Shielding government activ- ity from public scrutiny, relying on secret evidence, and abridging the protection of constitu- tional guarantees run the risk of alienating communities whose help the government has said it wants. 3. Combating terrorism should never become a war against Arab Americans or Muslims, or any group, based on religion or national origin. Collective dialogue should be encouraged and mu- tual understanding enhanced between members of the affected communities and others in our society. To that end, organizations representing Arab Americans and other affected groups have long been concerned about the public’s general lack of knowledge about their communi- ties and the prevalence of negative stereotypes. In the Washington, D.C., metropolitan area, efforts to promote understanding between different ethnic and religious groups began well be- fore September 11, 2001. Not only do they need to be expanded, but other efforts should be doubled to prevent hate violence and discrimination. Some local government and law enforce- ment agencies made commendable efforts in this regard, serving as worthy models for other local government or public agencies. Sincerely, Rev. Lewis M. Anthony Mr. Richard E. Patrick Rev. Douglas B. Sands Sr. Chairperson Chairperson Chairperson District of Columbia Virginia Maryland Advisory Committee Advisory Committee Advisory Committee iv District of Columbia, Maryland, and Virginia Advisory Committees to the U.S. Commission on Civil Rights District of Columbia Maryland Virginia Lewis M. Anthony, Chairperson†* Douglas B. Sands Sr., Chairperson†* Richard E. Patrick, Chairperson†* Eva P. Britt Gary Gerstle Robert J. Boyd III Cynthia Graae†* Lea A. Gilmore† Sheila Carter-Tod†* Ann F. Heuer Mary Louise Jones Toa Q. Do Peter Kaplan† Anne Lee† Jorge E. Figueredo† David L. Kim§ Debra C. Lemke†* Patricia W. Fromal† Stephen Kurzman† Jenkins Odoms Jr. Roger A. Galvin‡ Winona M. Lake K. Patrick Okura†‡ Curtis W. Harris† Ted G. Loza† Mariana A. Pardo James M. Hingeley† Donnie A. McKethan Chester L. Wickwire†* Philip Y. Huang Michelle Morales† Gilberto A. Zelaya II† Ilryong Moon Steven Sims† G. Anne Richardson Ernest McDonald Skinner Francey Lim Youngberg† John C. Topping Jr. Albert C. Zapanta† Naomi Zeavin† * Inter-SAC Editorial Committee member. † Inter-SAC Planning Committee member. ‡ Former chairperson during project planning. § Former member, who participated in project planning. Acknowledgments The District of Columbia, Maryland, and Virginia Advisory Committees wish to thank the staff of the Commission’s Eastern Regional Office: Ki-Taek Chun, director, Edward Darden and Marc Pentino, civil rights analysts, and former secretary Furaha Raufu Bey. Regional staff oversaw the planning and execution of the forum and the report production process. The report was written by Catherine Sun- shine, independent contractor. Dawn Sweet provided editorial services and prepared the report for publication. Dorothy Pearson-Canty and Alfreda Greene provided production and distribution services. The Committees wish to thank members who served on the Inter-SAC Planning Committee, Edito- rial Committee, and others who participated in the planning. Roger A. Galvin participated as chairper- son of the Virginia Advisory Committee until his retirement in January 2002 and made valuable con- tributions during the project planning and initial development stages. v Acronyms ADC American-Arab Anti-Discrimination Committee DOJ U.S. Department of Justice DOT U.S. Department of Transportation FAA Federal Aviation Administration FBI Federal Bureau of Investigation FOIA Freedom of Information Act INS Immigration and Naturalization Service SAC State Advisory Committee (to the U.S. Commission on Civil Rights) TSA Transportation Security Agency vi Contents 1. Introduction...........................................................................................................................................1 Background and Purpose of the Forum...............................................................................................1 Organization of This Report.................................................................................................................4 2. Background on Arab, South Asian, Muslim, and Sikh Communities in the United States...........5 Arabs......................................................................................................................................................5 South Asians..........................................................................................................................................6 Muslims.................................................................................................................................................7 Sikhs......................................................................................................................................................8 3. Understanding Islam in America in the Aftermath of September 11...............................................9 Yahya Hendi, Muslim Chaplain, Georgetown University, and Imam, Islamic Society of Frederick, Maryland...................................................................................................................9 Sanaulla Kirmani, Adjunct Professor of Philosophy and Religion, Goucher College.....................11 Yvonne Haddad, Center for Muslim-Christian Understanding, Georgetown University..............12 Nedzib Sacirbey, Interim Director, American Muslim Council.......................................................13 Clark Lobenstine, Executive Director, InterFaith Conference of Metropolitan Washington........13 4. National Crises, Civil Rights, and Civil Liberties: A Historical Review.........................................15 Kit Gage, Director, First Amendment Foundation and National Committee Against Repressive Legislation...................................................................................................15 James X. Dempsey, Deputy Director, Center for Democracy and Technology...............................16 5. Implementing the USA Patriot Act of 2001: Civil Rights Impact....................................................19 Laura W. Murphy, Director, Washington Office, American Civil Liberties Union........................20 Malea Kiblan, Immigration Attorney, Kiblan & Battles..................................................................21 Kelli M. Evans, Civil Rights Attorney, Rehlman Associates...........................................................22 Raj Purohit, Legislative Counsel, Washington Office, Lawyers Committee for Human Rights...23 Paul K. Martin, Counselor, Office of the Inspector General, and Acting Special Counsel for Civil Rights/Civil Liberties, Department of Justice.............................................................24 Blane Workie, Trial Attorney, Office of Aviation Enforcement and Proceedings, Office of the General Counsel, Department of Transportation.................................................25 Kathleen A. Connon, National External Program Manager, Office of Civil Rights, Federal Aviation Administration, Department of Transportation............................................26 6. Fears and Concerns of Affected, At-Risk Communities................................................................27 Johari Abdul-Malik, Muslim Chaplain, Howard University...........................................................30 Kareem W. Shora, Legal Advisor, American-Arab Anti-Discrimination Committee.....................30 Rajwant Singh, President, Sikh Council on Religion and Education..............................................32 Sharifa Alkhateeb, President, North American Council for Muslim Women.................................33 Gautam Dutta, Vice President, South Asian Bar Association.........................................................34 Joseph Zogby, Special Counsel for Post-September 11 National Origin Discrimination, Civil Rights Division, Department of Justice.............................................................................35 vii 7. Local Government Responses and Best Practices........................................................................36 Ronald Clarkson, Community Relations Manager, Office of the County Executive, Montgomery County, Maryland...................................................................................................36 Charles Moose, Chief of Police, Montgomery County, Maryland....................................................37 James Ashton, Virginia Department of Education (representing Dr. Jo Lynne DeMary, State Superintendent of Public Instruction, Virginia Department of Education)...................38 Brian Boykins, Assistant District Commander, Mason District, Fairfax County Police, Virginia..38 Penelope Gross, Member of the Board of Directors, Metropolitan Washington Council of Governments, and Mason District Supervisor, Fairfax County, Virginia................................38 Sharee Freeman, Director, Community Relations Service, Department of Justice.......................39 Susan Douglas, Principal Researcher, Council on Islamic Education............................................39 Jason Erb Government Relations Officer, Council on American-Islamic Relations......................40 8. Key Observations Based on Forum Testimony..............................................................................41 Appendices 1. Dissenting Statement by Stephen Kurzman, DC SAC Member......................................................45 2. Editorial Committee’s Clarifications to the Dissenting Statement by Stephen Kurzman............47 viii Chapter 1 Introduction X O n April 24 and 25, 2002, the District of prominent Arab American and Muslim Ameri- Columbia, Maryland, and Virginia Advi- can organizations were issuing statements con- sory Committees to the U.S. Commission demning the terrorist attacks, the backlash be- on Civil Rights held a joint community forum gan.2 There were two hate-related murders, of focusing on civil rights concerns in the Washing- an Indian Sikh and a Pakistani Muslim, on Sep- ton, D.C., metropolitan area in the aftermath of tember 15, and another murder of an Asian In- the September 11, 2001, terrorist attacks. The dian on October 4. Over the following weeks and two-day public forum at the Mason District Gov- months, civil rights advocacy organizations, me- ernment Center in Annandale, Virginia, in- dia, and local and federal law enforcement agen- cluded presentations by representatives of af- cies around the country received reports of at- fected population groups, specifically Arabs, tempted murder, physical assaults, death threats, South Asians, Muslims, and Sikhs; federal, state, and hate speech against individuals, as well as and local government agencies; legal and advo- vandalism, arson, shootings, and threats against cacy organizations; and community groups. This homes, businesses, and places of worship. There report summarizes the presentations made by were also persistent reports of discrimination, panelists during the forum and includes brief ob- especially in air travel and in the workplace. The servations by the Advisory Committees based on victims of these incidents included a wide array the testimony and limited additional research. of people—Arabs and Muslims but also South Asians, including Sikhs, and even other indi- viduals such as Latinos mistakenly perceived to Background and Purpose of the Forum be members of these groups.3 The attacks against the World Trade Center The day after the hijackings, on September and the Pentagon on September 11, 2001, by 12, 2001, the U.S. Commission on Civil Rights terrorists from Middle Eastern countries led to a issued a statement conveying its deepest sympa- dramatic surge in hate violence and discrimina- thies to the victims of the heinous terrorist at- tion against people in the United States per- tacks and warning that Americans should not ceived to be of Arab or Muslim background, most compound the tragedy through expressions of of whom are either U.S. citizens or legal resi- dents.1 Within hours of the hijackings, even as Rights, Civil Rights Issues Facing Arab Americans in Michi- gan, May 2001. Unless otherwise noted, statements and reports of the Commission and its Advisory Committees are 1 Hate violence and discrimination against Arab Americans available on the Commission’s Web site at <www.usccr.gov>. are not new, and the U.S. Commission on Civil Rights has a 2 See Arab American Institute, “Arab American Statement on history of concern about these issues. In September 1999, the Terror Attacks,” Sept. 11, 2001, and “Joint Arab-American, Michigan Advisory Committee held a public forum on civil Muslim-American Statement,” Sept. 12, 2001, <www.aaiusa. rights issues facing the large Arab American community in org/aai_statement.htm> (Oct. 27, 2002). that state, leading to publication of a report based on the situation in Michigan but of nationwide relevance. Issues 3 The surge in hate crimes and discrimination against these included profiling of Arab Americans at airports, denial of groups in 2001 has been documented by the Federal Bureau of due process in deportation hearings, and discrimination in Investigation and by the American-Arab Anti-Discrimination employment, religious, and educational spheres. See Michi- Committee as well as other advocacy groups. See the summary gan Advisory Committee to the U.S. Commission on Civil of Panel Four. 1