American Arab Anti Discrimination Committee

Two Palestinian activists have won yet another victory in their 15-year struggle against Department of Justice (DOJ) and Immigration and Nationalization Service (INS) attempts to deport them. A U.S. immigration judge has ruled that if the Justice Department wishes to proceed with the deportations of two of the LA8, long time legal residents Khader Hamide and Michel Shehadeh, it must do so under the McCarran-Walter Act charges under which they were first arrested. Since these laws are no longer in effect, it is clear that any further attempt to deport any of the LA 8 would be nothing more than persecution. The LA 8 are all accused of engaging only in legal political activities which are protected by the First Amendment. No criminal charges have ever been filed against them.

The two directly affected by this ruling are Khader Hamide and Michel Shehadeh, West Coast Regional Organizer for ADC.

ACTION REQUESTED:

Please contact Attorney General Ashcroft and urge him to drop all further attempts to deport any of the LA 8.

John Ashcroft
Attorney General
Department of Justice
10th St. and Constitution Ave. NW
Washington, DC 20530
(202) 514-2001
Fax: (202) 514-4371
Email: AskDOJ@usdoj.gov

BACKGROUND:

In 1987, seven Palestinian and one Kenyan political activists were arrested and charged with political ties to a Palestinian political party. Then FBI Director William Webster admitted that an extensive FBI investigation found no evidence of any criminal activity. The LA8 acknowledged that they distributed political literature and raised money for hospital, youth clubs and day care centers.

The LA8 have won a number of victories in U.S. courts, forcing the U.S. to switch the charges to minor infractions such as overstaying student visas and support for “world communism” (under a 1950s law which has subsequently been ruled unconstitutional). The 9th Circuit Court of Appeals ruled in 1998 that the Constitution does not permit “guilt by association.” The U.S. must show that the defendants intended to support illegal activities, which it has failed to do during the 15-year struggle.

When they were first arrested, the LA8 were student activists. Now they are established middle-aged members of the community with families. Three of the eight now have permanent resident status and no longer face any charges. All eight would be eligible to remain in the U.S. permanently were it not for the INS action against them.

At present, the only way by which the DOJ and INS can proceed with the case would be to attempt to apply the McCarran-Walter Act, which was enacted during the McCarthy era to permit deportation of any immigrant who advocates Communist doctrines. This Act has already been ruled unconstitutional by a federal district court.

This case is clearly a matter of harassment of Palestinians engaged in the legal exercise of First Amendment rights to freedom of speech, action and association. There is no justification for continued prosecution of this case.

TEXT OF ADC PRESS RELEASE ON NEW LA8 LEGAL VICTORY:

LA 8 Win Yet Another Ruling Against the Government

Washington, DC, June 27–The LA 8 have won yet another round in the long-standing attempt by the Immigration and Naturalization Service (INS) to deport them. For 14 years, the government has sought the deportation of seven Palestinians and a Kenyan, also known as the “LA 8," because of their support for Palestinian human and national rights. In a June 21 ruling made public on June 26, Immigration Judge Bruce J. Einhorn held that if the Justice Department wishes to proceed with the deportations of two of the LA8, long time legal residents Khader Hamide and Michel Shehadeh, it must do so under the McCarran-Walter Act charges under which they were first arrested. Since these laws are no longer in effect, it is clear that any further attempt to deport any of the LA 8 would be nothing more than persecution. ADC President Hala Maksoud said “we appeal to Attorney General John Ashcroft to drop this outrageous 14-year prosecution of the LA 8. It needs to end now, once and for all.”

The LA 8 case has been in litigation since 1987, and been reviewed and rejected on the merits by no less than nine judges. The 8 were originally arrested under the McCarthy era McCarran-Walter Act on charges of advocating world communism, which at that time was a crime. These charges were dropped, but the LA 8 were then accused, under a different section of the Act, of advocating the killing of government officials and the unlawful destruction of property. None of these charges could be sustained in any way, and the FBI turned the LA 8 over to the INS for deportation. The LA 8 won an injunction preventing INS from going forward with the deportation process on the grounds of selective enforcement of the law, since all parties agreed that they were being singled out for their pro-Palestinian political views. The government freely admitted that had the LA 8 been citizens, all the activities which deportation proceedings were based on would have been protected by the First Amendment. A 1999 Supreme Court ruling in the LA 8 case (ADC v. Reno) held that immigrants facing deportation cannot obtain such injunctions from District Court judges, opening the way for the government to renew its attempts to deport Shehadeh and Hamide.

ADC asks Attorney General John Ashcroft and the Justice Department to drop all further attempts to deport any of the LA 8, who have never been accused of anything other than First Amendment protected activities. Judge Einhorn has given the Justice Department lawyers until August 5, 2001 to tell him whether they plan to proceed with the deportations of Shehadeh and Hamide. At this point, the only way the INS can proceed is under elements of the McCarran-Walter Act which have been long ago voided as unconstitutional. ADC urges the Bush Administration to take this opportunity to drop all efforts to deport the LA 8.

	27 June, 2001
	LA8 Win Major Victory in Court - Ask Ashcroft to Drop the Case

	Two Palestinian activists have won yet another victory in their 15-year struggle against Department of Justice (DOJ) and Immigration and Nationalization Service (INS) attempts to deport them. A U.S. immigration judge has ruled that if the Justice Department wishes to proceed with the deportations of two of the LA8, long time legal residents Khader Hamide and Michel Shehadeh, it must do so under the McCarran-Walter Act charges under which they were first arrested. Since these laws are no longer in effect, it is clear that any further attempt to deport any of the LA 8 would be nothing more than persecution. The LA 8 are all accused of engaging only in legal political activities which are protected by the First Amendment. No criminal charges have ever been filed against them. The two directly affected by this ruling are Khader Hamide and Michel Shehadeh, West Coast Regional Organizer for ADC. ACTION REQUESTED: Please contact Attorney General Ashcroft and urge him to drop all further attempts to deport any of the LA 8. John Ashcroft Attorney General Department of Justice 10th St. and Constitution Ave. NW Washington, DC 20530 (202) 514-2001 Fax: (202) 514-4371 Email: AskDOJ@usdoj.gov BACKGROUND: In 1987, seven Palestinian and one Kenyan political activists were arrested and charged with political ties to a Palestinian political party. Then FBI Director William Webster admitted that an extensive FBI investigation found no evidence of any criminal activity. The LA8 acknowledged that they distributed political literature and raised money for hospital, youth clubs and day care centers. The LA8 have won a number of victories in U.S. courts, forcing the U.S. to switch the charges to minor infractions such as overstaying student visas and support for “world communism” (under a 1950s law which has subsequently been ruled unconstitutional). The 9th Circuit Court of Appeals ruled in 1998 that the Constitution does not permit “guilt by association.” The U.S. must show that the defendants intended to support illegal activities, which it has failed to do during the 15-year struggle. When they were first arrested, the LA8 were student activists. Now they are established middle-aged members of the community with families. Three of the eight now have permanent resident status and no longer face any charges. All eight would be eligible to remain in the U.S. permanently were it not for the INS action against them. At present, the only way by which the DOJ and INS can proceed with the case would be to attempt to apply the McCarran-Walter Act, which was enacted during the McCarthy era to permit deportation of any immigrant who advocates Communist doctrines. This Act has already been ruled unconstitutional by a federal district court. This case is clearly a matter of harassment of Palestinians engaged in the legal exercise of First Amendment rights to freedom of speech, action and association. There is no justification for continued prosecution of this case. TEXT OF ADC PRESS RELEASE ON NEW LA8 LEGAL VICTORY: LA 8 Win Yet Another Ruling Against the Government Washington, DC, June 27–The LA 8 have won yet another round in the long-standing attempt by the Immigration and Naturalization Service (INS) to deport them. For 14 years, the government has sought the deportation of seven Palestinians and a Kenyan, also known as the “LA 8," because of their support for Palestinian human and national rights. In a June 21 ruling made public on June 26, Immigration Judge Bruce J. Einhorn held that if the Justice Department wishes to proceed with the deportations of two of the LA8, long time legal residents Khader Hamide and Michel Shehadeh, it must do so under the McCarran-Walter Act charges under which they were first arrested. Since these laws are no longer in effect, it is clear that any further attempt to deport any of the LA 8 would be nothing more than persecution. ADC President Hala Maksoud said “we appeal to Attorney General John Ashcroft to drop this outrageous 14-year prosecution of the LA 8. It needs to end now, once and for all.” The LA 8 case has been in litigation since 1987, and been reviewed and rejected on the merits by no less than nine judges. The 8 were originally arrested under the McCarthy era McCarran-Walter Act on charges of advocating world communism, which at that time was a crime. These charges were dropped, but the LA 8 were then accused, under a different section of the Act, of advocating the killing of government officials and the unlawful destruction of property. None of these charges could be sustained in any way, and the FBI turned the LA 8 over to the INS for deportation. The LA 8 won an injunction preventing INS from going forward with the deportation process on the grounds of selective enforcement of the law, since all parties agreed that they were being singled out for their pro-Palestinian political views. The government freely admitted that had the LA 8 been citizens, all the activities which deportation proceedings were based on would have been protected by the First Amendment. A 1999 Supreme Court ruling in the LA 8 case (ADC v. Reno) held that immigrants facing deportation cannot obtain such injunctions from District Court judges, opening the way for the government to renew its attempts to deport Shehadeh and Hamide. ADC asks Attorney General John Ashcroft and the Justice Department to drop all further attempts to deport any of the LA 8, who have never been accused of anything other than First Amendment protected activities. Judge Einhorn has given the Justice Department lawyers until August 5, 2001 to tell him whether they plan to proceed with the deportations of Shehadeh and Hamide. At this point, the only way the INS can proceed is under elements of the McCarran-Walter Act which have been long ago voided as unconstitutional. ADC urges the Bush Administration to take this opportunity to drop all efforts to deport the LA 8.