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Flying Home From Abroad, a Border Agent Stopped and Questioned Me … About My Work for the ACLU

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American Civil Liberties Union Attorney: Customs and Border Protection Questioning ‘Unlike Anything I’ve Ever Experienced in Over 25 Years’

This article originally appeared on the ACLU’s blog and is reprinted here by permission.

Last week, I was flying home from a work trip and faced Customs and Border Protection questioning unlike anything I’ve ever experienced in over 25 years of travel into and out of this country, including more than 10 years of travel for my work as an attorney with the American Civil Liberties Union and other rights groups.

Compared to the hardship and suffering of the tens of thousands of people impacted by President Trump’s Muslim ban executive order, it was nothing. But it said something personal to me about the tenor of these dark times.

I was coming back from the island nation of Dominica, where I had gone for meetings and depositions in our torture victim clients’ lawsuit against the two psychologists behind the CIA torture program. When I went through immigration while in transit at the airport in Puerto Rico, it seems like an immediate red flag went up. A CBP officer took me to a separate area, behind the luggage carousels.

The CBP questioning didn’t seem to have anything to do with the torture case. Instead, it focused on my work for the ACLU and my citizenship — Pakistani — although I’ve been a legal permanent resident of the United States for more than a decade.

1a.jpgWhat was I doing in Dominica? I explained that I am a lawyer working for the American Civil Liberties Union and traveled there for a case. Why, asked the CBP agent holding my Pakistani passport, would someone working for an organization with “American” in its name have “this” passport? And why would someone working for an organization with “American” in its name be representing people who are not citizens? (Perhaps the agent had not heard about ACLU lawsuits challenging the Muslim ban on behalf of noncitizens.)

But no government agent ever asked the chilling question I was asked this time: Do you understand why someone might have a different perspective about you?

I explained that I am a U.S.-trained lawyer, sworn to uphold the U.S. Constitution, which is what I work to do. Still, he pressed. Why would someone working for this organization with “American” in its name and a focus on the Constitution travel abroad so much? I explained that in addition to client work, I travel for conferences, talks, and meetings, including at the United Nations in Geneva.

The agent pressed. Did my meetings and talks abroad focus on U.S. law or the law of other countries? Not understanding what any of this had to do with my ability to return home, I found myself explaining that in addition to the Constitution, the United States is bound by international treaties. I explained that there are fundamental human rights that belong to everyone and apply in all countries in the world, including the United States, and that my work covers both.

The questioning continued and was extensive. It included not just travel, but my schooling and other jobs over the years. I know — and have represented — numerous people who were unjustifiably questioned by CBP based on their religion or studies or travel. Perhaps it’s remarkable that this never happened to me, but it hasn’t.

It didn’t happen during the Bush years when I traveled to meet with and represent Afghan and Iraqi survivors of U.S. military torture, to Guantanamo as an observer at the military commissions there, or to attend meetings and give talks abroad about U.S. human rights abuses in the national security context. It didn’t happen during the Obama years when my work included challenges to unlawful targeted killing, anti-Muslim discrimination, unfair watchlisting, illegal spying, and other U.S. government abuses at home and abroad.

Over all those years, government officials made their views known about this work — often in opposition, sometimes in support. But no government agent ever asked the chilling question I was asked this time: Do you understand why someone might have a different perspective about you?

a2.jpgNor has any government official ever asked, as the CBP agent did: Why have you been a legal permanent resident for years without becoming a citizen? After all, there is no requirement to seek naturalization or not.

Still, I explained to the CBP agent that, in fact, my naturalization ceremony was scheduled for the next day. A short time later, he allowed me to leave, and I was able to fly home. The whole way back, I was consumed anew with thoughts about what “America” means, the vulnerability of those less privileged than I am, and the struggle in which we’re all engaged right now for this country’s values and democratic institutions. 

The following morning, before my naturalization ceremony, I reread Langston Hughes’ fierce poem of lament and love for this country, “Let America Be America Again.” It’s a poem to which I’ve often turned over the years, and I can’t recommend it enough.

Then I went to the federal courthouse in New York where my colleagues and I have argued so many cases seeking to uphold and apply the Constitution for American citizens and noncitizens alike. At that courthouse, I took the oath to support and defend the Constitution and laws of this country against all enemies, foreign and domestic.

I’d planned to take the rest of the day off to celebrate, but that afternoon, I went back to work. To quote Langston Hughes:

O, let my land be a land where Liberty

Is crowned with no false patriotic wreath,

But opportunity is real, and life is free,

Equality is in the air we breathe.

 

aclu2a.jpgArticle and image by Hina Shamsi, Director, ACLU National Security Project. Reprinted with permission from the ACLU. You can visit the ACLU online, on Twitter, and on Facebook.

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‘Lame Duck’ Trump Loses Major Battle in Indiana: ‘Not Even Close to Being Close’

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President Donald Trump’s efforts to compel Indiana lawmakers to enact a mid-decade congressional map that could have wiped out all of the Hoosier State’s Democratic seats in the U.S. House of Representatives has failed.

“Republicans hold a 40-10 advantage in the state Senate but still rejected Trump’s pressure,” The Washington Post reported. HuffPost called it a “a furious pressure campaign by Trump.”

“Indiana’s proposed congressional map goes down in flames in the state Senate, 31-19,” Votebeat managing editor Nathaniel Rakich observed. 26 votes were needed for the new maps to have been adopted.

Politico reported that the “failed vote is the culmination of a brass-knuckled four-month pressure campaign from the White House on recalcitrant Indiana Republicans that included private meetings and public shaming from Trump, multiple visits from Vice President JD Vance, whip calls from Speaker Mike Johnson and veiled threats of withheld federal funds.

RELATED: ‘Shakedown’: Outrage Over Claim of Trump Plan to Defund Indiana in Map Clash

“Not even close to being close,” noted Bloomberg Government’s Jonathan Tamari. “I certainly did not predict the Indiana state Senate as a hotbed of Trump resistance.”

“Trump’s such a lame duck that he is getting his a– kicked by the Indiana State Senate,” remarked former Obama senior advisor Dan Pfeiffer.

Journalist Todd Zwillich called it a “Wholesale rejection” of a “threat” from the conservative Heritage Action.

Aaron Fritschner, deputy chief of staff for U.S. Rep. Don Beyer (D-VA), noted that Trump “didn’t just lose that vote, he got blown out.”

Lesson for national Republicans,” wrote Jessica Riedel of the Brookings Institution. “You don’t have to sell out every principle and publicly worship Trump. Really, you can just do things. And you should ask why it took some state legislators in Indiana to finally stand up for common sense governance.”

You do, unironically and in earnest, have to hand it to the Indiana GOP for not giving in to the threats on their lives etc.,” declared Everytown Senior Director of Communications Max Steele. “Trump is a duck getting lamer by the day. Hopefully this emboldens others to do what’s right.”

READ MORE: ‘Where Is Antifa Headquartered?’: FBI Official Struggles Defending Top Threat Label

 

Image via Reuters

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‘Shakedown’: Outrage Over Claim of Trump Plan to Defund Indiana in Map Clash

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Heritage Action and President Donald Trump are coming under fire after the conservative advocacy organization made a claim that the president threatened to defund the state of Indiana should lawmakers not pass legislation to redraw its congressional district maps.

“President Trump has made it clear to Indiana leaders: if the Indiana Senate fails to pass the map, all federal funding will be stripped from the state,” Heritage Action wrote on social media on Thursday. “Roads will not be paved. Guard bases will close. Major projects will stop. These are the stakes and every NO vote will be to blame.”

The post ended with, “#PassTheMap.”

While President Trump has publicly threatened to support primary challengers against lawmakers who oppose his redistricting push, NCRM has not found any news reports confirming Heritage Action’s assertion. It is possible the group is relying on information that has not been reported or made public.

READ MORE: ‘Where Is Antifa Headquartered?’: FBI Official Struggles Defending Top Threat Label

Should Indiana pass legislation to redistrict, it reportedly could pick up only two more GOP-held seats.

Critics blasted Heritage Action, a sister group to the Heritage Foundation, for appearing to support Trump’s alleged threat, and blasted the president as well.

“The president and one of the most influential conservative groups in the country are threatening to deprive all Indiana residents of paved roads, guard bases, and major projects if they don’t pass an extremely gerrymandered map to deprive voters of choice,” noted Isaac Saul, founder of Tangle News. “Awesome stuff.”

“Heritage sure loves authoritarianism,” remarked Media Matters researcher Zachary Pleat.

Calling it “nonsense,” Joel Griffith, a senior fellow at the conservative group Advancing American Freedom wrote: “Appalling to see @Heritage_Action endorse this unconstitutional threat by @realDonaldTrump. The President does not have power to coerce state legislators to redraw congressional maps.”

Others appeared to aim their ire directly at the president.

READ MORE: ‘Shaky’ House GOP Leadership ‘Losing Control’: Report

“This is the behavior of a madman,” declared Tim Carney, a senior fellow at the conservative American Enterprise Institute.

“This isn’t conservative. This is fascist,” commented former Republican U.S. Congressman Joe Walsh.

Mother Jones’ D.C. bureau chief David Corn declared the move “dictatorial.”

“This does not sound like an appropriate or legal use of federal authority or presidential discretion,” observed Bloomberg columnist Matthew Yglesias.

“Nothing about this shakedown is conservative,” noted CNN’s Jake Tapper.

Jacob Stewart, the deputy opinion editor for the IndyStar called the move “illegal.”

Jonah Goldberg, editor-in-chief of the conservative online magazine The Dispatch, wrote: “I remember when Heritage cared about federalism, the rule of law, separation of powers, and all that stuff. Now it’s all ‘We love Trump’s musk, do what he says (or what Tucker says).'”

“This is called extortion,” wrote former White House correspondent Sam Youngman, also deeming it “illegal.”

“If this comes to pass,” wrote IndyStar columnist James Briggs, “then the story will be that Trump is punishing Indiana citizens for reasons that have nothing to do with them and so-called Indianans will see the punitive measures for what they are.”

READ MORE: ‘You’re a Loser Dude’: Carville Scorches Trump as ‘Done’

 

Image via Reuters

 

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‘Where Is Antifa Headquartered?’: FBI Official Struggles Defending Top Threat Label

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A top FBI official struggled to explain his claim that Antifa is the “most immediate violent threat” America is facing, as he was challenged to provide details.

Former Trump FBI Director Christopher Wray stated in 2020 congressional testimony that Antifa is “not a group or an organization. It’s a movement or an ideology.” The BBC has explained that Antifa is “a loosely organized, leftist movement that opposes far-right, racist and fascist groups.”

“Antifa is short for anti-fascist,” BBC added. “It is a loose, leaderless affiliation of mostly far-left activists.”

House Homeland Security Committee Ranking Member Bennie Thompson on Thursday asked Michael Glasheen, FBI National Security Operations Director, to describe “organizations that pose, on the domestic side,” the number one and number two threats to the homeland.

READ MORE: ‘Shaky’ House GOP Leadership ‘Losing Control’: Report

Glasheen asked for clarification.

“Any domestic terrorist organizations that poses a threat to the homeland as we speak,” Thompson replied.

Pointing to President Trump’s designation of Antifa as a domestic terrorist organization, Glasheen said, “That’s our primary concern right now.”

He described Antifa as “the most immediate violent threat that we’re facing on the domestic side.”

“So, where is the Antifa headquartered?” Thompson pressed.

After a pause, Glasheen said: “What we’re doing right now —” before Thompson cut him off.

“Where, in the United States, does Antifa exist?” he asked. “If it’s a terrorist organization — and you’ve identified it as number one.”

“We are building out the infrastructure right now,” Glasheen responded.

READ MORE: ‘You’re a Loser Dude’: Carville Scorches Trump as ‘Done’

“So what does that mean?” Thompson pressed. “Where do they exist? How many members do they have in the United States as of right now?”

“Well, that’s very fluid,” Glasheen said, describing it as “ongoing,” before comparing the situation to Al Qaeda and ISIS.

“I asked one question, sir,” Thompson replied. “I just want you to tell us. If you said Antifa is the number one domestic terrorist organization, operating in the United States, I just need to know where they are, how many people. I don’t want a name. I don’t want anything like that. Just, how many people have you identified with the FBI, that Antifa is made of?”

“Well, the investigations are active,” Glasheen replied.

“Sir, you wouldn’t come to this committee and say something you can’t prove. I know. I knew you wouldn’t do that. But you did.”

READ MORE: ‘His Heart Just Ain’t in It’: Report Reveals Trump’s ‘Achilles Heel’

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