// Patriot Raid //

By Jason Halperin,

Doctors without Borders, April 2003



> > >Two weeks ago I experienced a very small taste of what hundreds of
South Asian immigrants and US citizens of South Asian descent have gone
> > >through since 9/11, and what thousands of others have come to fear.

> > >I was held, against my will, under the Patriot Act. While I
> > >understand
the
> > >need for some measure of security and precaution in times such as
these,
> > >the manner in which this detention and interrogation took place
> > >raises serious questions about police tactics and the
safeguarding
> > >of civil liberties in times of war.
> > >
> > >That night, March 20th, my roommate Asher and I were on our way to
> > >see the Broadway show Rent. We had an hour to spare before curtain
> > >time so we stopped into an Indian restaurant just off of Times
> > >Square in the heart of midtown. I have omitted the name of the
> > >restaurant so as not
to
> > >subject the owners to any further harassment or humiliation.
> > >
> > >We helped ourselves to the buffet and then sat down to begin eating

> > >our dinner. I was just about to tell Asher how I'd eaten there
> > >before and how delicious the vegetable curry was, but I never got a

> > >chance. All of a sudden, there was a terrible commotion and five
> > >NYPD in bulletproof vests stormed down the stairs. They had their
> > >guns drawn and were pointing them indiscriminately at the
> > >restaurant staff and at us.
> > >
> > >"Go to the back, Go to the back of the restaurant," they yelled.
> > >
> > >I hesitated, lost in my own panic.
> > >
> > >"Did you not hear me, go to the back and sit down," they demanded.
> > >
> > >I complied and looked around at the other patrons. There were eight

> > >men including the waiter, all of South Asian descent and ranging in

> > >age
from
> > >late-teens to senior citizen. One of the policemen pointed his gun
point
> > >blank in the face of the waiter
> > >and shouted: "Is there anyone else in the restaurant?" The waiter,
> > >terrified, gestured to the kitchen.
> > >
> > >The police placed their fingers on the triggers of their guns and
kicked
> > >open the kitchen doors. Shouts emanated from the kitchen and a few
> > >seconds later five Hispanic men were made to crawl out on their
> > >hands and knees, guns pointed at them.
> > >
> > >After patting us all down, the five officers seated us at two
> > >tables.
As
> > >they continued to kick open doors to closets and bathrooms with
> > >their fingers glued to their triggers, no less than ten officers in

> > >suits emerged from the stairwell. Most of them sat in the back of
> > >the restaurant typing on their laptop computers. Two of them walked

> > >over to our table and identified themselves as officers of the INS
> > >and Homeland Security Department.
> > >
> > >While having some limited knowledge of the rights afforded to US
> > >citizens, I explained that we were just eating dinner and asked why

> > >we were being held. We were told by the INS agent that we would be
released
> > >once they had confirmation that we
> > >had no outstanding warrants and our immigration status was OKed.
> > >
> > >In pre-9/11 America, the legality of this would have been
> > >questionable. After all, the fourth amendment to the constitution
> > >states: "The right of the people to be secure in their persons,
> > >houses, papers and
effects,
> > >against unreasonable searches
> > >and seizures, shall not be violated; and no warrants shall issue,
> > >but upon probable cause, supported by oath or affirmation, and
> > >particularly describing the place to be searched and the persons or

> > >things to be seized."
> > >
> > >"You have no right to hold us," Asher insisted.
> > >
> > >"Yes, we have every right. You are being held under the Patriot Act

> > >following suspicion under an internal Homeland Security
> > >investigation."
> > >
> > >The Patriot Act was passed into law on October 26, 2001 in order to

> > >facilitate the post 9/11 crackdown on terrorism. Like most
> > >Americans, I did not recognize the extent to which this bill
> > >foregoes our civil liberties. Among the unprecedented rights it
> > >grants to the federal government are the right to wiretap without
> > >warrant, and the right to detain without warrant. As I quickly
> > >discovered, the right to an attorney has been seemingly fudged as
> > >well.
> > >
> > >When I asked to speak to a lawyer, the INS official informed me
> > >that I do have the right to a lawyer but I would have to be brought

> > >down to
the
> > >station and await security clearance before being granted one. When

> > >I asked how long that would take, he replied with a coy smile:
> > >"Maybe a day, maybe a week, maybe a
month."
> > >
> > >We insisted that we had every right to leave and were going to do
> > >so. One of the policemen walked over with his hand on his gun and
> > >taunted: "Go ahead and leave, just go ahead."
> > >
> > >We remained seated. Our IDs were taken, and brought to the officers
with
> > >laptops. I was questioned over the fact that my license was out of
> > >state, and asked if I had "something to hide." The police continued

> > >to hassle the kitchen workers, demanding licenses and dates of
> > >birth. One of the kitchen workers was shaking hysterically and kept

> > >providing the day's date?March 20, 2003, over and over.
> > >
> > >As I continued to press for legal counsel, a female officer who had
been
> > >busy typing on her laptop in the front of the restaurant, walked
> > >over and put her finger in my face. "We are at war, we are at war
> > >and this
is
> > >for your safety," she exclaimed.
> > >
> > >As she walked away from the table, she continued to repeat it to
> > >herself? "We are at war, we are at war?how can they not understand
> > >this."
> > >
> > >I most certainly understand that we are at war. I also understand
> > >that the freedoms afforded to all of us in the constitution were
> > >meant specifically for times like these. Our freedoms were carved
> > >out during times of strife by people who were facing brutal
> > >injustices, and were intended specifically so that this nation
> > >would behave differently in such times. If our freedoms crumble
> > >exactly when they are needed most, then they were really never
> > >freedoms at all.
> > >
> > >After an hour and a half the INS agent walked back over and handed
Asher
> > >and I our licenses. A policeman took us by the arm and escorted us
> > >out of the building. Before stepping out to the street, the INS
> > >agent apologized. He explained, in a low voice, that they did not
> > >think the two of us were in the restaurant.
> > >
> > >Several of the other patrons, though of South Asian descent, were
> > >in fact US citizens. There were four taxi drivers, two students,
> > >one newspaper salesman?unwitting customers, just like Asher and me.

> > >I doubt though they received any apologies from the INS or the
> > >Department of Homeland Security. Nor have the over 600 people of
> > >South Asian descent currently being held without charge by the
> > >Federal Government. Apparently, this type of treatment is
> > >acceptable.
> > >
> > >One of the taxi drivers, a US citizen, spoke to me during the
> > >interrogation.
> > >
> > >"Please stop talking to them." He urged. "I have been through this
> > >before. Please do whatever they say. Please for our sake."
> > >
> > >Three days later I phoned the restaurant to discover what happened.

> > >The owner was nervous and embarrassed and obviously did not want to

> > >talk about it. But I managed to ascertain that the whole thing had
> > >been one giant mistake. A
mistake.
> > >Loaded guns pointed in faces, people made to crawl on their hands
> > >and knees, police officers clearly exacerbating a tense situation
> > >by
kicking
> > >in doors, taunting, keeping their
> > >fingers on the trigger even after the situation was under control.
> > >A mistake. And, according to the ACLU a perfectly legal one, thanks

> > >to
the
> > >Patriot Act.
> > >
> > >The Patriot Act is the just the first phase of the erosion of the
Fourth
> > >Amendment. On the congressional table this summer is the Domestic
> > >Securities Enhancement Act, also known as Patriot II. (Is it a
> > >missile or a piece of legislation?) Among other things, this act
> > >would allow the Justice Department to detain anyone, anytime,
> > >secretly and indefinitely. It would also make it a crime to reveal
> > >the identity or even existence of such a detainee.
> > >
> > >Every American citizen, whether they support the current war or
> > >not, should be alarmed by the speed and facility with which these
> > >changes to our fundamental rights are taking place. And all of
> > >those who thought that these laws would never affect them, who
> > >thought that the Patriot Act only applied to the guilty
should
> > >heed this story as a wake up call. Please learn from my experience.

> > >We are all vulnerable so speak out and organize, our fourth
> > >amendment rights depend upon it. ———— Jason Halperin lives
> > >in New York City and works at Doctors Without Borders/Medecins
> > >Sans Frontieres (MSF)
> > >