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<a href="http://www.counterpunch.org/moses03312007.html" eudora="autourl">
http://www.counterpunch.org/moses03312007.html<br><br>
</a></font><font face="Times New Roman, Times" size=4><b>March 31 / April
1, 2007<br><br>
</font><h1><font face="Times New Roman, Times" size=5><b>The Ordeal of
Suzi Hazahza<br><br>
<br>
</i></font><font face="Times New Roman, Times" size=5 color="#990000">The
Pirates of Homeland
Security</b></font></h1><font face="Times New Roman, Times" size=5>By
GREG MOSES<br><br>
</font><font face="Verdana" size=6 color="#990000">O</font>
<font face="Verdana" size=2>ne by one, the helium-inflated excuses for
arresting and imprisoning Suzi Hazahza have been popped and now lie on
the ground. And the single memory humanizing the government that still
holds her unlawfully behind bars is the look on one Federal Magistrate's
face Thursday in Dallas when he was told by a US Attorney that Congress
has stripped the federal bench of any right to order Suzi Hazahza freed
until a full six months of illegal detention have passed. <br><br>
Anguish is the word that some observers have used to describe the look on
the judge's face as he wrestled with the impotence of his authority
before the power of Homeland Security to arrest and detain innocent
immigrants. <br><br>
"Believe it or not, immigration law is replete with that
language," explains New York immigration attorney Joshua Bardavid
from his New York office on Friday evening, as sounds of the street honk
outside his window. "Congress has told the courts that many
discretionary decisions by immigration authorities are
unreviewable." In this case, the unreviewable decision involves the
unlawful six-month imprisonment of an innocent immigrant in the hellish
privatized Rolling Plains prison of Haskell, Texas. <br><br>
Over the weekend, Bardavid will work up his motion pleading with the
Federal Magistrate to exercise his unimpeachable power to enforce the
Constitution, with its protections against unlawful seizure and
guarantees of due process. But the argument will be a a tough sell
politically, because in order to take legal responsibility for Suzi
Hazahza, the federal courts will have to state plainly that Homeland
Security is using its discretionary authority to break the Constitution
on American soil. For an aspiring federal magistrate under the
administration of George the Bush II, such a ruling could mean the end of
a career and almost certain reversal by the racist Fifth Circuit judges
who gave us Hopwood not too many years ago (the ruling that abolished
affirmative action in Texas for several years). <br><br>
"It is extraordinarily upsetting and frustrating that we can live in
a system where it is possible that a judge concludes that detention is
unlawful but that he himself has no authority to release the
prisoner," says Bardavid. But that could be the best hand-wringing
effort that the federal courts will make in this case. And it would be a
nauseating retreat from the principle of habeas corpus at home. <br><br>
For Suzi Hazahza, the reality of a powerless judiciary branch, disabled
by a weak Congress, will leave her to the hands of a muscular executive
power without checks or balances. She will be living in a virtual police
state until May 3, when the six-month deadline for her unlawful detention
expires. For the rest of us, that leaves a question. If we allow Suzi
Hazahza and other innocent immigrants to live in a police state for six
months at a time, what are we allowing Homeland Security to make of
America? <br><br>
On the first Friday in November, 2006 Suzi Hazahza was arrested at
gunpoint inside her father's home and transported with the rest of her
family to an immigration jail in Dallas. By the first Sunday in November,
the administration had scored its Dalls-area headlines about the arrest
and detention of "criminal aliens" such as the seven Hazahas
and other immigrant families. <br><br>
In order to make the case that the pre-election roundup was a hit for
Homeland Security, immigration authorities posted a press release on the
internet that included a mug shot of Suzi's 17-year-old brother Ahmed,
deliberately misidentifying his age as an 18-year-old adult, and
maliciously publicizing his juvenile delinquency as a burglar. There are
international laws against the use of children for propaganda purposes.
But with the administration facing a grim election challenge, no trick
seemed too dirty to pull. On that first Sunday in November, Ahmed was
placed into solitary confinement, because he was a juvenile in an adult
facility at the Rolling Plains prison of Haskell, Texas. <br><br>
Not only did Homeland Security know exactly how old Ahmed was, but they
knew that his birthday was coming soon. So he was not sent with his
mother and younger brother to the T. Don Hutto prison in Taylor, Texas,
where all the other immigrant juveniles of the pre-election roundup were
sent. By the first Sunday in November, the Hazahza family had been split
between two Texas prisons, with mother Juma and 11-year-old Mohammad sent
to Hutto, while father Radi was sent to Rolling Plains with his two adult
daughters and his two oldest sons. <br><br>
What Homeland Security will not put into a press release is that the
Hazahza family never tried to hide from anybody. They entered the USA
legally with visas and applied for asylum to protect themselves from
politics back home. Although they have been ordered deported to Jordan or
Palestine, neither nation will approve their travel. All the adult
members of the family were law abiding citizens. Radi worked as a vehicle
inspector. His oldest son Hisham worked as a cell phone salesman. His
oldest daughter Mirvat managed the office of an insurance agent and is
married to an American citizen. His youngest daughter Suzi had devoted
herself to the care of her mother Juma and was engaged to be married to
an American citizen in December. <br><br>
At the federal magistrate hearing on Thursday, the US Attorney admitted
that immigration authorities could not prove they had sent a letter to
Radi Hazahza ordering him to report for a meeting. They had not sent the
letter with return-receipt requested. They had no affidavit from
immigration personnel stating that the letter had been mailed. They had
no service documents. <br><br>
"I even asked them if they had a photocopy of the envelope,"
recalls Bardavid. But no, they didn't even have that. <br><br>
Furthermore, the letter they showed the judge misstated the facts of the
Hazahza immigration case in such a way that it didn't seem to arise from
within a knowledgeable process. The letter stated that the Hazahzas of
Palestine and Jordan had been ordered deported to Israel, which is a lie.
In any case, it was the wrong form. <br><br>
"That letter was so fundamentally flawed that it can't be given
legal effect," argued Bardavid in Dallas. "Therefore the
detention based on that letter is unlawful. Even the US Attorney seemed
surprised by the errors in the document and promised to look into the
matter further." <br><br>
"I have difficulty grasping in my head this is occurring," says
Bardavid from his New York office. "The government did not refute
any allegations that we made about the prison conditions, or the fact
that the Hazahzas were allegedly sent the wrong form, or lack of proof of
service for that letter, or that the facts were flawed. The premise of
their entire case was that this federal court does not have jurisdiction
in these matters." <br><br>
Despite the horrible implications for Suzi Hazahza, America should send
her a thank you note. Thanks to Suzi's unjust treatment we now have proof
that our Homeland Security machine has pulled loose from its
Constitutional moorings. Homeland Security has become a pirate operation
unto itself. Each passing day of Suzi's imprisonment gives us one more
reason to demand the resignation of Homeland Security Secretary Michael
Chertoff and immediate action by Congress to strip the agency of its
power to evade federal court review. <br><br>
<b>Greg Moses</b> is editor of the Texas Civil Rights Review and author
of
<a href="http://www.amazon.com/exec/obidos/ASIN/1572304073/counterpunchmaga">
Revolution of Conscience: Martin Luther King, Jr. and the Philosophy of
Nonviolence</a>. He can be reached at
<a href="mailto:gmosesx@prodidgy.net">gmosesx@prodidgy.net</a><br><br>
</font><x-sigsep><p></x-sigsep>
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