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DoreneC
For Immediate Release Contact: Pramila Jayapal January 22, 2003 206-723-2203
The Hate Free Zone Announces the Release of Somali Detainees from INS Detention
Seattle, W.A.- Today, three of the four Somali detainees remaining in Seattle ’s INS facility on Airport Way were released on the order of Judge Pechman of the Western District of Washington. On Friday, January 17th Judge Pechman issued her written order granting a permanent injunction against deportations of Somali’s to Somalia, certifying a class, and ordering the release of three detainees. The fourth detainee has a habeas petition currently before the court. Judge Pechman dismissed the Attorney General’s arguments that the matter was not one for Federal District court jurisdiction.
The Judge found that the risk of irreparable harm to the Somali detainees was high. Judge Pechman noted that ironically “nothing has made this point more clearly than the Government’s own submissions to this Court. The INS has [itself] shown that Somalia is a country in chaos, engaged in clan warfare… with no government and no diplomatic relations with the United States.” Judge Pechman stated further that “the position of the Government that no acceptance is necessary before human beings can be dropped into a lawless state is contrary to the statute.” Furthermore, because of the low likelihood that detainees would be able to gain access to the courts individually, the judge certified the class, thus making the decision applicable to all Somali’s nationwide, thus making the ruling a significant one for approximately 2700 people across the country.
Judge Pechman was also frustrated by the government’s argument that the Attorney General must have the ‘tool’ of removal in its war on terrorism. Pointing to documents intended by the Attorney General to bolster their argument, she wrote, “respondents have failed to explain how removing Petitioners relates to terrorism and have presented no evidence of international terrorist activities in Somalia.”
In the past year, the Hate Free Zone Campaign has been at the forefront in addressing the harsh policies of the Department of Justice (DOJ) and the INS that have, in the name of national security, systematically eroded basic constitutional and civil rights of individuals and discriminated against people on the basis of race, religion, and ethnic origin. The DOJ has unlawfully detained and deported many individuals around the country, violating due process and fundamental human rights. Once deported and returned to their country of origin, many deportees face extremely difficult situations which may include detention, kidnapping, torture, and even death.
Pramila Jayapal, Executive Director of Hate Free Zone Campaign of Washington said, “We are delighted that our friends have been released at last and we applaud Judge Pechman’s decision. It comes as an unqualified victory after more than a year of oppressive misconduct. This opinion makes it clear that the DOJ cannot arbitrarily assume powers and ignore existing laws and due process requirements in the name of national security.”
The Hate Free Zone Campaign of Washington is a non-profit, grassroots organization formed to respond to the post-9-11 backlash against communities of color in Washington State. Its mission is to make our state a place where all people feel safe, secure, and welcome regardless of race, religion, ethnicity, and sexual orientation.
HATE FREE ZONE Campaign of Washington 4860 Rainier Ave South Seattle WA 98118 (206) 723-2203 fax: (206) 723-2261 Hate crime and targeting helpline: 1-866-HFZONE1 1-866-439-6631 www.hatefreezone.org
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