Report on Hate Crimes and Discrimination Against Arab Americans: The Post - September 11 Backlash September 11,2001 - October 11,2002 Hussein Ibish Editor Anne Stewart Principal Researcher Legal section - Hussein Ibish, Carol Khawly, and Kareem Shora Education Section - Marvin Wingfield Media bias and defamation section - Hussein Ibish Acts of Support Section - Anne Stewart and Hussein Ibish Assistant Editors: Laila Al-Qatami, Margot Andrews, Jeanine Shama Publications Director - Laila Al-Qatami Cover Design - Echo Design Layout - Object Design & Communications Printing - International Graphics American-Arab Anti-Discrimination Committee 4201 Connecticut Ave., N.W., Suite 300 Washington, D.C. 20008 Tel: (202) 244-2990 Fax: (202) 244-3196 E-mail: [email protected] www.adc.org Safa Rifka, M.D. Chairman Ziad J. Asali, M.D. President This Report would not have been possible without the support of: Open Society Institute Unitarian Universalist Service Committee and Tides Foundation Shefa Fund Copyright©2003 ADCRI This report is dedicated to Dr. Hala Salaam Maksoud (1943-2002) Our friend, leader and mentor EXECUTIVEEXECUTIVE SUMMARYSUMMARY In this Report, the American-Arab Anti-Dis- passengers from aircraft after boarding, but before take- crimination Commitee Research Institute off, based on the passenger’s perceived ethnicity. (ADCRI) surveys the experiences of the I Over 800 cases of employment discrimination against Arab-American community in the year Arab Americans, approximately a four-fold increase over following the September 11, 2001, terrorist previous annual rates. attacks. I Numerous instances of denial of service, discrimina- tory service and housing discrimination. PRINCIPAL FINDINGS New discriminatory immigration policies Hate crimes and discrimination I Secret detentions, hearings and deportations. I Over 700 violent incidents targeting Arab Americans, I Alien registration based on national origin and or those perceived to be Arab Americans, Arabs and ethnicity. Muslims in the first nine weeks following the attacks, I “Voluntary interviews” of thousands of young Arab men. including several murders. I Monitoring of international students. I 165 violent incidents from January 1-October 11, I Discriminatory visa screening procedures for young 2002, a significant increase over most years in the past Arab men. decade. I Selective deportation of Middle Eastern I Over 80 cases of illegal and discriminatory removal of “absconders.” REPORT ON HATE CRIMES AND DISCRIMINATION AGAINST ARAB AMERICANS | SEPTEMBER 11, 2001 TO OCTOBER 11, 2002 | 7 EXECUTIVE SUMMARY Disturbing provisions of the and Franklin Graham. USA Patriot Act I Pervasive acceptance of hostile commentary against I Indefinite detention of foreign nationals without Arabs, Arab culture and Islam in mainstream media process or appeal. and publications. I New search and surveillance powers with insufficient I Increased use by the mainstream media of commen- judicial review. tators whose main aim is to promote fear and hatred I Measures providing for guilt by association. of Arab Americans, including Steven Emerson and Daniel Pipes. Additional civil liberties concerns I Openly racist statements by members of Congress I Eavesdropping on attorney-client communications. and other prominent persons. I Military tribunals. I Suspension of constitutional rights of U.S. citizens Instances of support, compassion and without due process or appeal. reassurance for Arab Americans I Domestic law enforcement spying on lawful political I Statements defending the community by many and religious activities. prominent persons, including President Bush and I Seizure of assets without due process, especially Secretary Powell, and institutions, including both from Muslim-American charities. houses of Congress. I “Operation TIPS” — Terrorist Information and I Fundraising for backlash victims. Prevention System, and other programs encouraging I Volunteer escorts, especially for hijab-wearing Americans to spy on each other. Muslim women. I Public relations efforts promoting tolerance. Police and FBI misconduct I Arbitrary and abusive stops and detentions. I Abuse of detainees. CONCLUSIONS I Racial profiling or stereotyping. I Arab Americans suffered a serious backlash following Persistent problems in September 11, 2001. educational institutions I The worst elements of this backlash, including a I Physical assaults, death threats, and overt ethnic and massive increase in the incidence of violent hate religious bigotry in schools and on college campuses. crimes, were concentrated in the first nine weeks I Harassment and bias against Arab-American and following the attacks. American-Muslim students by teachers and I Arab Americans continue to suffer from increased administrators. levels of discrimination from their fellow citizens in many fields, while the government has shown a real Defamation by public figures and commitment to uphold the law and punish offenders. in the media I Arab Americans, especially immigrants from the I A campaign of vilification against Islam and the Arab world, have been the principal focus of new Prophet Mohammed by leaders of the evangelical government powers that restrict individual freedoms Christian right, including Jerry Falwell, Pat Robertson and protections, and infringe upon civil liberties. 8 | ADC RESEARCH INSTITUTE EXECUTIVE SUMMARY I Defamation against Arabs and Muslims, particularly I Extraordinary measures taken in response to a nation- attacks on Islam as a faith, has steadily increased in al security emergency should, by definition, be regarded intensity and frequency during the entire period as temporary and rescinded as soon as possible. covered by this Report, laying the groundwork for I The government should make every effort to compile potential future waves of hate crimes. statistics on law enforcement stops and searches of I In spite of numerous expressions of support for the Arab Americans, and security checks at airports. community from public figures and thousands of I The Department of Transportation (DOT) should private citizens, Arab Americans remain exceptionally work with the airline industry, pilots’ unions and vulnerable to hate crimes, discrimination, extreme vili- Arab-American and Muslim groups to create guidelines fication by prominent persons, and derogations of civil for crews, including safeguards and recourses for passen- rights and liberties. gers, in cases where concerns or actions based on perceived ethnicity are raised or taken following boarding. I National leaders, including the President, and main- RECOMMENDATIONS stream Christian, Jewish and Muslim religious leaders, should forcefully denounce public figures who engage I Arab Americans should continue to work as closely as in vicious defamation against Arabs and Islam. possible with the authorities and our fellow citizens to I The media should not present hate speech as a legiti- help ensure the security of our country while preserving mate contribution to the national conversation, or rely civil rights and liberties. on commentators who routinely resort to racist stereo- I The government should continue to rigorously prose- types and smearing entire communities. cute those who commit illegal discrimination and hate I The entertainment industry should begin to feature crimes. positive and neutral Arab and Arab-American I The government should avoid any new policies that characters, and move away from stereotypical Arab vil- discriminate on the basis of national origin, ethnicity or lains which have long been used and have a negative religious affiliation, especially in combination with impact. other factors such as age and gender. I Schools, colleges and universities should make every I There is no place in the American legal system for effort to ensure that their students have access to basic secret detentions, evidence, hearings or deportations, or and accurate education on the fundamentals of Islam for indefinite detention without due process. and Arab culture. I The fundamental human and constitutional rights of I Arab Americans should redouble their efforts to immigrants and foreign nationals in the United States build bridges with other communities, engage in civic should not be sacrificed, including the right to due life at all levels of American society, and empower process of law. themselves within the political system. I Law enforcement investigations should be restricted to persons or groups suspected of criminal activity, not those engaged in lawful political or religious activities, and should never be based on national origin, ethnicity or religious affiliation. I No form of racial profiling is ever acceptable or effective. REPORT ON HATE CRIMES AND DISCRIMINATION AGAINST ARAB AMERICANS | SEPTEMBER 11, 2001 TO OCTOBER 11, 2002 | 9 CONTENTS Introduction 17 I. Legal Issues 19 A) Airline Discrimination/Airport Profiling 21 1) Airline Discrimination Case Summaries 23 a) AirTran b) Alaskan Airlines c) America West Airlines d) American Airlines e) Continental Airlines f) Delta Airlines g) Northwest h) Southwest REPORT ON HATE CRIMES AND DISCRIMINATION AGAINST ARAB AMERICANS | SEPTEMBER 11, 2001 TO OCTOBER 11, 2002 | 11 CONTENTS i) Sun Country Airlines j) United Airlines k) US Airways l) Virgin Atlantic Airlines 2) Airport Security Racial Profiling Case Summaries 29 B) Public Discrimination/Civil Liberties Issues 31 1) New Discriminatory Immigration Policies 31 a) Alien Registration b) Secret Detentions, Hearings, and Deportations c) Detainee Case Summaries d) Voluntary Interviews