ADC Files Lawsuit Against DHS and ICE Concerning the "October Plan"

 

Washington, DC | October 17, 2006 | Today, the American-Arab Anti-Discrimination Committee (ADC) filed a lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Immigration and Customs Enforcement (ICE), in the U.S. District Court for the District of Columbia.

The lawsuit, which ADC filed under the Freedom of Information Act (FOIA), seeks information that would either validate or dispel the widespread perception that DHS and ICE have been misusing information from the National Security Entry-Exit Registration System (NSEERS) to impermissibly target, or "profile," Arab-Americans and Muslims for general law enforcement purposes. In particular, this lawsuit demands the immediate disclosure of government records concerning the national origin, ethnicity, race, religion, and gender of the more than 230 individuals detained by the government in connection with a law enforcement operation known as the "October Plan," which federal law enforcement officials carried out in connection with the 2004 Presidential Elections. Community concerns about the potential for similar law enforcement activities during the upcoming national elections prompted ADC to file this suit today.

Click here to read ADC's Lawsuit.

Click on the following links to read the accompanying exhibits:

Exhibit 1: http://www.adc.org/PDF/Exhibit_1.pdf

Exhibit 2: http://www.adc.org/PDF/Exhibit_2.pdf

Exhibit 3: http://www.adc.org/PDF/Exhibit_3.pdf

Exhibit 4: http://www.adc.org/PDF/Exhibit_4.pdf

Exhibit 5: http://www.adc.org/PDF/Exhibit_5.pdf

Exhibit 6: http://www.adc.org/PDF/Exhibit_6.pdf

Exhibit 7: http://www.adc.org/PDF/Exhibit_7.pdf

Exhibit 8: http://www.adc.org/PDF/Exhibit_8.pdf

ADC President Mary Rose Oakar said, "We do not enter into this litigation lightly, but took this step only after two years of repeatedly attempting unsuccessfully to obtain this information through meetings with DHS and ICE officials and filing FOIA requests." Oakar continued, "Furthermore, as the 'October Plan' was conducted during the national elections in 2004, ADC is concerned about the use and impact of NSEERS information in the upcoming elections."

ADC's lawsuit asks the court to compel DHS to provide information on the national origin, race, ethnicity, religion, and gender of those arrested during the 2004 Presidential Election "'October Plan."' Represented by Kirkland & Ellis attorneys Tefft W. Smith and Michael D. Shumsky, ADC will pursue this matter until the concerns raised by this litigation are addressed in a constructive fashion and to the best interest of all involved parties.

BACKGROUND

November 2004

ADC Requests Nationality Breakdown Used in October Plan Arrests

On November 4, 2004, U.S. Immigration and Customs Enforcement (ICE), an agency of the U.S. Department of Homeland Security (DHS), issued a press release entitled "ICE Threat Disruption Effort Results in More than 230 Arrests." Due to community concerns