American Civil Liberties Union

There has never been a more urgent need to preserve fundamental privacy protections and our system of checks and balances than the need we face today, as illegal government spying, provisions of the Patriot Act and government-sponsored torture programs transcend the bounds of law and our most treasured values in the name of national security.


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Detention (7/7/2003)

Detention

The government has not revealed the total number of people detained by the Department of Justice since the terrorist attacks on 9/11, but immigration advocates believe that it is between three and five thousand. It is known, however, that this group is almost entirely Arab, South Asian, or Muslim and most have been deported or allowed to leave the country. None of the detainees has been charged with any terrorism-related crime. These secret detentions exemplify the dramatic erosion of constitutional rights under the Bush administration. The ACLU has challenged these government practices to ensure that protecting our country does not come at the expense of our constitutional rights.

SECRET ARRESTS
The Center for National Security Studies, et al. v. DOJ
Freedom of Information Act request to the Department of Justice for the names of post 9/11 detainees.
An archive of both coalition and government legal documents in the case is available at: http://www.cnss.gwu.edu/~cnss/

PRESS RELEASES
>
ACLU Says Court Decision Allowing Secret Arrests Ignores Internal Justice Department Report of 9/11 Detainee Abuse (06/17/2003)
>
ACLU Says Kessler FOIA Decision Repudiation of Government Secrecy (Aug.2, 2002)
> Federal Court to Hear Arguments May 29 in Battle Over Government Secrecy About Sept. 11 Detainees (May 28, 2002)

GENERAL PRESS RELEASES ON SECRET ARRESTS
> Advocacy Groups Hold Rights Trainings For Jailed INS Detainees (March 13, 2002)
>
ACLU Contacts Consulates on Behalf of Detained Immigrants (Jan. 2, 2002)

LEGISLATIVE DOCUMENTS
> Testimony of ACLU President Nadine Strossen, Submitted to the Senate Judiciary Committee on Department of Justice Oversight (Dec. 4, 2001)
>
ACLU Statement for the Record to the Senate Judiciary Committee Concerning Department of Justice Anti-Terrorism Oversight (Nov. 28, 2001)

OTHER
>
Letter to the INS Director on the Release of Information Regarding Immigration and Naturalization Service Detainees in Non-Federal Facilities (June 21, 2002)
>
Coalition Letter to the INS Director on the Release of Information Regarding Immigration and Naturalization Service Detainees in Non-Federal Facilities (June 21, 2002)
>
Letter to Attorney General Ashcroft Expressing Concern About Lack of Information on Persons Arrested or Detained Since September 11 Attacks (Oct. 17, 2001)

ARCHIVE
Documents on secret arrests

SECRET DEPORTATION HEARINGS
ACLU Files Complaint with United Nations in Geneva Seeking Justice for Immigrants Detained and Deported after 9/11(Jan. 27, 2004)

ARCHIVE
Documents on secret deportation hearings

RIGHT TO COUNSEL
> Immigration Agency Refuses to Respect Right to Legal Counsel During Interviews, ACLU Charges (March 19, 2003)
> Court Resoundingly Rejects Government's Attempt to Block "Dirty Bomb" Suspect From Meeting with His Lawyers (March 11, 2003)
>
ACLU Files Brief on Behalf of American-Born Taliban Indefinitely Incarcerated without Counsel or Access to Courts (Oct. 25, 2002)
>
ACLU Questions Military Detention of U.S. Citizen, Saying President Reneged on Promise (June 10, 2002)

CITIZEN DETAINEES

LEGISLTATIVE DOCUMENTS
Interested Persons Memo on the Indefinite Detention Without Charge of American Citizens as 'Enemy Combatants' (Sept. 13, 2002)

Rumsfeld v. Padilla
The ACLU filed a friend-of-the-court brief challenging the government's decision to detain U.S. citizen Jose Padilla in a military jail without charges or trial and without access to a lawyer.

>ACLU's feature on the case with links to legal briefs and press releases

Hamdi v. Rumsfeld
The national American Civil Liberties Union and the ACLU of Virginia filed a friend-of-the-court brief on behalf of Yaser Hamdi, an American citizen who was captured in Afghanistan and held incommunicado in a military brig in Norfolk.

ACLU's feature on the case with links to legal briefs and press releases

GUANTANAMO AND MILITARY TRIBUNALS
Rasul v. Bush
Reviewing a ruling that the federal courts are not entitled to hear a claim that detainees at Guantánamo Bay in Cuba are being held in violation of the Constitution and international law.

ACLU's feature on the case with links to legal briefs and press releases

LEGISLATIVE DOCUMENTS
Interested Persons Memorandum Regarding the "Military Commission Order No. 1" (April 16, 2002)

OTHER
> Community Forums: U.S. Detention Policies
> ACLU Comments on Draft Military Commission Instruction, "Crimes and Elements for Trials by Military Commissions" (Feb. 28, 2003)
>
Coalition Statement In Opposition To The Use of the Military Commissions Authorized by President Bush and the Department of Defense (Jan. 6, 2003)
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Letter to the Organization of American States on Military Detentions and Tribunals (June 6, 2002)
>
Myths and Realities on Fairness of Military Commission Trials (April 4, 2002)
> Letter to Defense Secretary Donald Rumsfeld on the Use of Military Tribunals (Jan. 15, 2002)
>
ACLU Statement for the Record to the Senate Judiciary Committee Concerning Department of Justice Anti-Terrorism Oversight (Nov. 28, 2001)

MATERIAL WITNESS DETENTIONS
U.S. vs. Awadallah
The American Civil Liberties Union filed a friend-of-the-court brief to urge a federal appeals court to uphold a ruling that the government unlawfully detained a Jordanian-born college student for 20 days

>
ACLU Amicus Brief in U.S. v. Awadallah (Nov. 22, 2002)
> Government Cannot Use Material Witness Statute to Detain People, ACLU Tells Appeals Court (Nov. 22, 2002)

ARCHIVE
Documents on material witness detentions

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