Ashcroft?s Assault on America
An interview with Pramila Jayapal
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Craig Cox Utne.com exclusive
In the wake of Thursday?s protests in Los Angeles over the
arrest of more than 500 Iranian and other Muslim men who were
complying with Attorney General John Ashcroft?s new immigrant
registration order, we spoke with writer and activist Pramila
Jayapal, founder and director of the Hate Free Zone Campaign of
Washington.
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Attorney General John Ashcroft?s order to require
registration of these men seems to be fraught with constitutional
issues. Is there any movement to challenge the Justice Department
in court on this matter?
The question of oversight of the Attorney General and the
Department of Justice is one of the most important issues in the
current landscape. In December 2001, at a Senate hearing, the
attorney general said that those who question the policies of the
Department of Justice are ?aiding and abetting terrorism.? Even
senators on the Judiciary Committee have been unable to get the
Department of Justice to provide information. Many of the actions
of the attorney general are cloaked in the veil of ?national
security??and this leaves too many members of Congress as well as
the general public reluctant to challenge or question his
authority.
One of the difficulties post-September 11 is that the attorney
general is implementing little-used existing laws. The
requirement for people to register, for example, has been on the
books for many decades, but it has never been used. Now, it is
being applied selectively to people on the basis of religion and
country of origin. We are looking carefully at the mechanisms we
have to challenge the constitutionality of such laws, and will be
exploring ways to challenge this particular law in the courts. As
you know, court challenges are long protracted battles, but we are
certainly exploring all possibilities.
The attorney general has taken the passage of the Patriot Act
and the Homeland Security Bill as blanket authority to push through
policies and procedures that not only erode constitutional and
civil rights but also fundamentally alter the character of
this country. The public and our elected officials need to reclaim
what we want America to be. We need to make it clear that policies
such as selective special registration do not make us any
safer. Let?s start focusing on the things that really do make us
safer, like improving our language capabilities in intelligence
agencies, rather than actions that create a lot of noise, destroy
innocent people?s lives, but don?t contribute to real safety.
The situation inL.A.this week certainly
will not encourage others to come forward, given the alleged
treatment of those detained. I wonder if this tactic is simply
going to encourage more people to go underground.
Absolutely. From the beginning, we have doubted that the
Department of Justice truly wants people to register in good faith.
Rather, we believe that the implementation of this policy
creates a class of violators. It is near impossible for
people to comply. This, then, gives the Department of Justice
?grounds? to say these people have violated the law and should be
deported.
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