scholarly journals Preventive Detention of Immigrants and Non-Citizens in the United States since September 11th

Refuge ◽  
2002 ◽  
pp. 23-28
Author(s):  
Kate Martin
Keyword(s):  
Civil Liberties ◽  
The United States ◽  
September 11 ◽  
Preventive Detention ◽  
Religious Activity ◽  
September 11Th ◽  
Trade Off ◽  
Terrorist Activity ◽  
The Government ◽  
Post September 11

The attacks of September 11, 2002, have dramatically altered the policy andscape in Washington, but it is important to reject the notion that there is a necessary trade-off between security and civil liberties. One of the most serious threats to civil liberties has been the adoption of a policy of preventive detention that has resulted in the secret jailing of hundreds of Arabs and Muslims when there is no evidence linking them to terrorist activity. This has been done, not by using the limited new authorities granted the government in the post-September 11 terrorism legislation, but by improperly using pre-existing criminal and immigration authorities. Secret arrests are antithetical to a democratic society. A targeted investigation that focuses on actual terrorist activity and respects the legitimate political and religious activity of citizens and non-citizens would be more effective than a dragnet approach that has resulted in the secret arrests of hundreds of individuals.

United States of America

2021 ◽  
pp. 44-88
Author(s):  
Christian Leuprecht
Keyword(s):  
United States ◽  
Civil Liberties ◽  
The United States ◽  
Intelligence Community ◽  
Government Accountability ◽  
Select Committee ◽  
Accountability System ◽  
The Us ◽  
The Government

This chapter reviews the member organizations of the United States Intelligence Community, the strategic environment that has informed intelligence and accountability in the United States, including scandals as a key driver of innovation, and the current and future threat environment as seen by the United States. The chapter examines the US intelligence accountability architecture: the House of Representative Permanent Select Committee on Intelligence, the Senate Select Committee on Intelligence, the Foreign Intelligence Surveillance Court, the Inspectors General, the Government Accountability Office, the Privacy and Civil Liberties Oversight Office, and the President’s Intelligence Advisory Board. The sheer number and complexity of accountability bodies in the US gives rise to inefficiencies, ineffectiveness, and duplication. The accountability system is replete with gaps and vulnerabilities: partisanship, collective-action problems, resource allocation, and inconsistent quality of review in congressional accountability; GAO’s limited authority to review the USIC and sensitive operations; the adequacy of the FISA court in adequately protecting the rights of Americans; and Presidential discretion in appointing and removing IGs. These issues have implications not just for the United States, but for allies, partners as well as regional and global stability.

The protection of refugees in international law post September 11 2001

2003 ◽  
Vol 6 ◽  
pp. 389-408
Author(s):  
Geoff Gilbert
Keyword(s):  
United Nations ◽  
International Law ◽  
The United States ◽  
September 11 ◽  
Legal Obligations ◽  
The People ◽  
The Face ◽  
The United Nations ◽  
Post September 11 ◽  
Domestic Law

The protection of refugees in international law is always a complex mix of legal obligations and policy considerations. Unfortunately, the reaction against refugees post September 11 has ignored both the facts and the pre-existing law.This paper addresses how refugees have fared in international and domestic law post September 11 2001. Given that a refugee, by definition, has lost the protection of her/his state, there is no body, other than the United Nations High Commission for Refugees (UNHCR), which is able to respond in the face of unjustified restrictions on the rights accorded to this most vulnerable group.The first thing to note is that none of the people involved in the events of September 11 was a refugee. Equally, immediately after the events of September 11, approximately 100,000 Afghans fled Kabul fearing revenge attacks by the United States. At the same time, under pressure from Pakistan and Iran, the United Nations High Commission for Refugees facilitated the repatriation of 215,000 Afghan refugees.

Homeland Security Preparedness

2010 ◽  
pp. 1-44
Author(s):  
Christopher G. Reddick
Keyword(s):  
Homeland Security ◽  
The United States ◽  
September 11 ◽  
Background Information ◽  
War On Terrorism ◽  
Public Officials ◽  
City Governments ◽  
Security Information ◽  
The Government ◽  
And Behavior

September 11, 2001 or 9/11 has put extra pressures on public officials and their agencies in the United States to prepare for new terrorist threats (Rosenthal, 2003). After 9/11 the idea of homeland security became a part of American thinking and behavior (Beresford, 2004). In this relatively new environment that governments must contend with, it is important to be aware of some issues associated with homeland security preparedness. The traditional distinction among the major sectors of the government has blurred, since the war on terrorism is no longer just the purview of military agencies (Wise and Nader, 2002). In this new environment both civilian and military agencies share the responsibility in protecting the homeland. This chapter attempts to address homeland security preparedness by focusing on city governments examining organizational, collaboration, and management elements of homeland security. The main purpose of this chapter is to set the context of homeland security preparedness. It is vital to know some of the issues that governments face in homeland security in order to understand how Homeland Security Information Systems (HSIS) might be used to address these issues. In order to accomplish this task this chapter first provides background information and an overview of some of the existing homeland security literature in public administration. There is a discussion of the research methods of this article and the results of a homeland security preparedness survey are presented. A conclusion demonstrates the significance of the key findings found in this chapter.

Security and the Law in the Wake of September 11, 2001

2003 ◽  
Vol 2003 (1) ◽  
pp. 467-470
Author(s):  
Jonathan K. Waldron ◽  
Jeanne M. Grasso
Keyword(s):  
United States ◽  
Ad Hoc ◽  
Preventive Measures ◽  
Terrorist Attack ◽  
The United States ◽  
September 11 ◽  
Terrorist Attacks ◽  
Maritime Industry ◽  
Security Regime ◽  
Post September 11

ABSTRACT Everything has changed since the terrorist attacks against the United States on September 11, 2001. With more than 360 ports and 3,700 terminals handling passengers and cargo, the U.S. government quickly realized that the maritime industry was vulnerable and that the apparent gaping hole in our national security must be fixed. Numerous initiatives, including legislative, regulatory, and ad hoc actions, are being implemented to ensure the maritime industry is ready in case it is the “next target.” Concomitant with these efforts, come changes in existing standards and liabilities, including reduced rights and enhanced enforcement. This paper discusses the maritime-related implications of the emerging security regime in the United States post-September 11 including: (1) new and proposed legislation affecting vessel and facility owners and operators, (2) how increased security inspections may be used to enhance enforcement efforts, and (3) how the terrorist attacks have “raised the bar” with regard to owner and operator liability. Pollution preparedness and liability implications are also explored, including changes in liability and response actions resulting from a terrorist attack. Lastly, recommendations on appropriate preventive measures are provided.

scholarly journals Overcoming the Polemics of Intolerance

2002 ◽  
Vol 19 (3) ◽  
pp. i-vii
Author(s):  
Louay M. Safi
Keyword(s):  
Middle Ages ◽  
The United States ◽  
September 11 ◽  
Religious Right ◽  
Reform Movements ◽  
Islamic Reform ◽  
September 11 Attacks ◽  
High Esteem ◽  
Post September 11 ◽  
Fundamental Values

The September 11 attacks on the United States have had many dire conse­quences. In addition to destroying innocent lives and devastating the lively dreams of the individuals and families caught in the web of death and destruction, the attacks have reinvigorated a few bigoted spirits who found an excellent opportunity to spread their bigotry in the name of fighting intolerance in post-September 11 's murky atmosphere of fear and uncer­tainty. Since that horrific date, a new unholy alliance has been formed among leading members of the Religious Right. Its avowed aim is to vilify Islam and demonize even the most moderate Muslim voices. The most recent, vicious, and mean-spirited attacks to date on .Islam have created a new paradox: Islam, which historically has provided an out­standing model of religious accommodation and tolerance, stands accused of intolerance by intolerant and bigoted people. This paradox deserves extensive attention and study . .In addition, the worldview and mindset behind the mean-spirited attacks on Islam by individuals whose outlooks and spir­its recall those of the Middle Ages must be analyzed deeply and understood thoroughly. ln this editorial, I will argue briefly that the accusation of intol­erance leveled against Islam is unfounded and that Islam is an essential part­ner in any effort to develop a more tolerant and peaceful world. Islam is essential for developing a gentler and more caring world, because it holds in high esteem the most fundamental values that make a tolerant and pluralist society possible: equality, freedom, and justice, as well as interracial and interreligious solidarity. The emphasis that Islam places on these values is manifested in the Qur'an, the Sunnah, and the Companions' exemplary lives; in the Muslim society's historical experi­ence; and in the ethos of contemporary Islamic reform movements ...

scholarly journals Refugees and Border Security Post-September 11

Refuge ◽  
2002 ◽  
pp. 5-14 ◽  
Author(s):  
Howard Adelman
Keyword(s):  
United States ◽  
The United States ◽  
September 11 ◽  
Border Security ◽  
Control Mechanisms ◽  
Terror Attack ◽  
Determination Process ◽  
Refugee Claimants ◽  
Security Concerns ◽  
Post September 11

In the aftermath of the terror attack on the United States on 11 September 2001, widespread concerns were raised about security concerns related to access to Canada and the United States of refugee claimants. Many new changes were introduced after that event to improve the control mechanisms to reduce the threat of terrorism. In the overlap between refugee and security concerns, particularly with respect to the genuine fear of terrorism, this paper will examine the controls in place and introduced after 11 September 2001 to restrict the entry and retention of terrorists in association with the refugee determination process. This paper will attempt to assess whether the refugee determination process provides any significant opening for terrorists to enter Canada or the United States.

A New Era of Global Human Rights

2017 ◽  
Author(s):  
Nelson Lichtenstein
Keyword(s):  
United States ◽  
Human Rights ◽  
Trade Union ◽  
Civil Liberties ◽  
The United States ◽  
Trade Off ◽  
New Era ◽  
Collective Voice ◽  
International Labor ◽  
The World

The rights regime that emerged in the second half of the twentieth century proved enormously liberating, not only in the United States but throughout the world as well, and especially in the less industrialized and democratic nations where the demand for human rights and civil liberties has sparked reform and revolution. But for both workers and citizens, an orientation that privileges individual rights above all else can also function as both a poor substitute for and a legal subversion of the institutions that once provided a collective voice for workers and other subaltern strata. This chapter explores this trade-off. According to the International Labor Organization's World Labor Report, trade union membership dropped sharply during the 1990s, falling to less than 20 percent of workers in forty-eight out of ninety-two countries. The decline was most serious in manufacturing, even though on a worldwide basis the manufacture of actual products in actual factories was a booming proposition.

Whither India? 1919 and the Aftermath of the First World War

2019 ◽  
Vol 78 (2) ◽  
pp. 389-397
Author(s):  
Durba Ghosh
Keyword(s):  
Rule Of Law ◽  
Indian Subcontinent ◽  
Civil Liberties ◽  
The United States ◽  
The First World War ◽  
The Press ◽  
The World ◽  
Political Activist ◽  
The Government ◽  
The Right

As diplomats across the world gathered in Paris in spring 1919 to discuss the peace process, observers asked “Whither India?” Critics wondered how the British government could enact emergency laws such as the Rowlatt Acts at the same time as it introduced the Government of India Act of 1919, which was intended to expand Indian involvement in governing the British dominions on the Indian subcontinent. Because Britain presented itself as a liberal form of empire on the international stage, its willingness to suspend rule of law over its subjects appeared contradictory. India's support of the Allied powers allowed Indian moderates to represent India in Paris; during the war, Indian subjects had contributed over one million soldiers and suffered influenza, plague, and famine. The possibility of a new relationship between those governing and those being governed led many Indians to demand an adherence to the rule of law, a guarantee of civil liberties, and the foundations of a government that was for and by the Indian people. In a time of revolution in Russia, and assassinations by anarchists in Italy and France, it seemed foolhardy to repress radicals by censoring the press, preventing the right of individuals to assemble, or detaining suspects before they had committed any crimes. Lala Lajpat Rai, an Indian political activist who had been part of the progressive wing of the Indian National Congress, wrote from the United States, “India is a part of the world and revolution is in the air all the world over. The effort to kill it by repression and suppression is futile, unwise, and stupid.”

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