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JANUARY 2020

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Assalamu'alaykum John,

America's promise is to be this nation, but prejudice is standing in
the way. Fortunately, the laws of this land provide the foundation for
this promised future - a future that is Muslim Legal Fund of
America's ultimate vision.

Last week, we commemorated
Dr. Martin Luther King, Jr. and his inspirational and thought-provoking
messages of justice, equality, and activism. In his 1967 speech
entitled The Other
America, Dr. King reminded us that in order to bring America "to the
point that we have one nation, indivisible, with liberty and justice for
all" we must keep 2 things in mind: first, the time is always right to
do what is right. "Somewhere we must come to see that social progress
never rolls in on the wheels of inevitability. It comes through the
tireless efforts and the persistent work of dedicated individuals."

Second, the laws of this land can protect and promote the concepts of
liberty and justice that this country was founded upon. "Although it may
be true that morality cannot be legislated, behavior can be regulated...
while the law may not change the hearts of men, it can and it does
change the habits of men. And when you begin to change the habits of
men, pretty soon the attitudes will be changed; pretty soon the hearts
will be changed."

It is upon these notions that MLFA aims to Build Legal Power for
American Muslims .

As we enter an election year with news of Iranian-Americans being
profiled and detained at the border, efforts to further restrict
immigration and expand the Muslim Ban, and Islamophobic tweets from the
office of a President seeking reelection by fueling xenophobia, we must
prioritize efforts to:

* Defend our rights, despite the rising tide of Islamophobia.

* Counter discrimination in the legal justice system, despite vast
government resources and administrative hurdles.

* Expose government programs that profile, persecute, and prosecute our
communities simply on the basis of their faith, despite the misguided
premise of 'guilt by association' that underpins many such policies.

* Speak up on behalf of vulnerable members of our community, because by
standing up for the rights of one, we uphold the freedoms and liberties
of all.

* Stem the tide of injustice in order to ensure that the promise of
America becomes a reality for all, regardless of religion, ethnicity, or
cultural heritage.

The struggle for the promise of America is ongoing, and we must continue
to uphold the principles of justice that can truly make this nation
great.

We are looking forward to a productive, empowering, and inspirational
year ahead. With your ongoing support, justice is possible.

In faith and for justice,

****

 

 

P.S.A.: Know Your Rights at the Border

 

 

Media reports of firsthand accounts of U.S. citizens and U.S. lawful
permanent residents ("LPR") of Iranian descent being sent through a
prolonged secondary inspection process made headlines earlier this
month. These accounts indicated that the U.S. Custom and Border Patrol
("CBP") officers were focusing questions on political views and
allegiances, military service, employment and education.

The MLFA-funded Constitutional Law Center for Muslims in America
addresses this development and provides essential information to keep in
mind if you or someone you know experience travel difficulties. Read the
full P.S.A. below:

READ MORE

 

 

Case Update

 

 

CLCMA
Pursuing
Justice on Behalf of Client Demanding Government Accountability for
Violating His Constitutional Rights

"They say, 'try hard, work hard, and you can be successful,' but it's
way more complex than that." These are the words of an American Muslim
who found himself fighting for his rights after being targeted by U.S.
government agencies for no other discernible reason than his identity.

Last year, we introduced CLCMA
client Lassana Magassa, who lost his job due to government actions that
violated his rights. While he had a break
in his case a few months
later, he has chosen to press on in his pursuit of justice.

Magassa, an African-American Muslim of Malian descent, experienced
first-hand the complexity of government programs that disproportionately
target Muslims. Growing up in Harlem, New York, Magassa had aspirations
for higher education and an interest in law enforcement. He also knew
what it was to hustle: while pursuing his PhD in Seattle, he worked the
night shift at Delta Airlines to support his family. This required
special security clearance from Customs and Border Protection (CBP),
which he had no problem receiving. It was the abrupt and unexplained
revocation of this clearance, and the difficulties that ensued, that
positioned Magassa as a plaintiff against government defendants at the
FBI, TSA, DHS, and CBP.

Magassa's trouble seemed to stem from an encounter with an FBI agent who
he had met under the assumption of exploring a career with law
enforcement. Instead, the agent appeared interested in recruiting
Magassa as an informant. "To make me an informant would actually imply
that I'm surrounding myself with people that are doing things that need
to be informed about, which is actually quite offensive. I'm an American
Muslim, and I have the same values as all other Americans."

After refusing the FBI agent's proposal, Magassa began facing
difficulties traveling. Alarms inexplicably blared when he scanned his
boarding passes, he was subjected to extensive secondary screenings, and
he missed numerous flights. He lost his Global Entry privileges, his
security clearance, and his airport badge one after the other. This
meant that he also abruptly lost his job. His experiences were
consistent with individuals on the Terrorist Watch List - and Magassa
wanted to know why.

For three years, he followed administrative procedures to request
information from the TSA and CBP in order to challenge such a
designation, but he was never provided any information other than
heavily redacted documents that do no more than to identify that he was
the topic of investigation.

Then one day last summer, less than a month after the latest of many
pleadings filed on his behalf by lawyers at the Constitutional Law
Center for Muslims in America, Magassa received a letter from the TSA
stating that he no longer posed a threat
.
While welcome and long overdue, this reversal is equally unexplained,
and does nothing to reassure Magassa that it won't happen again.

Magassa was directly affected by government regulations that deprived
him of various liberty and property interests for the nearly three-year
period in which the TSA found he posed a security threat, without the
ability to properly determine or confront the claims against him. He is
still in the dark about why his rights were violated, and with the help
of CLCMA, is pushing the government for accountability so it doesn't
happen again - to him or to anyone else.

Last month, CLCMA filed a new lawsuit on behalf of Magassa seeking a
ruling that such regulations and policies are arbitrary and capricious,
and prejudiced their client by denying him due process of law. The
constitutional issues pertaining to loss of credentials, loss of
reputation, and loss of chosen employment, as well as undue hardship in,
and the chilling effect on, traveling both domestically and
internationally, were not responsibly addressed by the government
agencies involved. Chief among the issues raised is the lack of
information provided to justify - or challenge - why he was a person of
interest in the first place.

Magassa is still reeling from the stigma of his experience, and fears
that his rights and freedoms may be in jeopardy at any time in the
future, should history repeat itself. By pursuing this lawsuit, he's
not merely leaving it up to chance. He's continuing to fight for his
rights, his good name, and his dream of success as an American Muslim,
with the liberty and justice meant for all.

 

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Muslim Legal Fund of America
833 E Arapaho Rd
Suite 209
Richardson, Texas 75081
United States

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