An Overdue Release From Custody
by TChris
Abdel-Jabbar Hamdan was a fundraiser for Holy Land Foundation, an Islamic charity. The government shut down HLF, contending it was a front for Hamas. It then detained Hamdan -- for two years -- because it viewed him as a threat to national security.
The government has never been able to produce evidence that Hamdan is a threat to anyone. While the government claims that Hamdan is deportable because he overstayed a student visa that was issued 27 years ago, Hamdan appealed the deportation order, and most immigrants in his shoes would be released pending the outcome of that appeal. It took two years for Hamdan to finally win his release, over the government's objection.
Why was Hamdan treated differently?
Shakeel Syed, executive director, Islamic Shura Council of Southern California, sees it this way: "It looks to us as if the government is making examples of people who speak out or are prominent in the community. Otherwise, this was a simple immigration violation case."
Assuming Mr. Hamdan did overstay his 27-year-old visa, he had not been in trouble with the law (before this), according to one of his attorneys, and there was an amnesty in 1986. The attorney believes it unlikely the government will be successful in deporting him to Jordan.
An Orange County Register editorial expresses the outrage we should all feel:
If the government was going to make a claim about national security, it should at the very least have filed charges that backed up the accusation. Keeping people in prison because somebody in government says they're a national security threat is the way of tyrannies, not of constitutional republics governed by the rule of law. The fact that the judiciary finally recognized this injustice is encouraging, but the fact that Mr. Hamdan could be imprisoned for two years on such frivolous grounds suggests that American traditions of fair play and due process are shakier than we might have hoped.
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