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Assalamu'alaykum John,

Among the earliest practitioners of Islam in this country were of African descent, and their history is intertwined in the story of American Muslims then and now. During Black History Month, we celebrated the culture and contributions of African Americans, and remembered the people and circumstances that shaped the civil rights movement. While some progress has been made since then, tensions in race relations are far from over, and we find parallels in the struggles faced by many minorities today.

African Americans were among the first to be targeted by FBI surveillance programs. Their communities were infiltrated by informant; their leaders harassed and vilified. To this day, they disproportionately represent the inmate population in American prisons. They are subjected to double standards in the streets and in the courts of this country - all because of the color of their skin.

The heroes we celebrate today - among them Martin Luther King, Jr., Malcolm X, and Muhammad Ali - were at one time viewed as villains, spent time in jail, and endured hardships in their public and private lives. And yet, they rose above adversity to spread messages of justice, equality, activism, and unity. They are remembered now for their words and actions, but these came at great cost to their families, their careers, and in some cases, their lives.

We honor their struggles, their triumphs, and their memories by recognizing the truth, embracing our shared humanity, and continuing the pursuit of an America that upholds justice for all, regardless of ethnicity, religion, or identity.

In faith and for justice,

United States of America v. Hamid Hayat

Last Eid, MLFA beneficiary Hamid Hayat was released from prison after serving nearly 14 years of a 24-year sentence behind bars. Since that time, he had been patiently waiting, under strict release conditions such as monitoring and curfews, for the government's next move. After delay upon delay, the government finally filed their decision nearly 6 months later: they would not seek retrial of his controversial 2006 terror conviction, thereby officially dismissing their case against him.

This means that Hamid Hayat is officially a free man.

MLFA provided critical assistance by funding legal expenses related to his appeals, which ultimately secured his freedom.

In a statement, Mr. Hayat's attorney, Dennis Riordan, said: "Two federal judges have concluded that Hamid would not have been found guilty had the powerful evidence of his innocence that won his freedom in 2019 been presented to his jury in 2006. While we are grateful for the dismissal, the 14 years Hamid spent behind bars on charges of which he was innocent remain a grave miscarriage of justice. They serve as a stark example of how, in the post 9/11 era, the government’s effort to protect the public from terrorism could and did in this case go terribly wrong. Hamid’s exoneration is a cause for celebration, but the story of his case is tragedy that must not be repeated."

Hamid may no longer need MLFA's services - in an ideal world, no one would. Until then, MLFA will continue to fund the work that makes justice possible.

Haisam Elsharkawi v. United States of America, et al

Earlier this month, CLCMA attorneys filed a brief in the Ninth Circuit on behalf of client Haisam Elsharkawi, challenging the dismissal of his constitutional and statutory claims against DHS, CBP and individual officers. CLCMA first filed suit on behalf of Mr. Elsharkawi in 2018, alleging violations of his rights when he was detained, handcuffed and searched for several hours at LAX airport, on his way out of the country for Umrah.

CLCMA won a monetary judgment for Mr. Elsharkawi on his tort claims of false imprisonment, battery, negligence and intentional infliction of emotional distress when the government made an offer of judgment for the full amount he sought on his tort claims, after the court had denied the government’s motion to dismiss those claims.

In the most recent appeal to the Ninth Circuit, CLCMA attorneys point out that the issues in this case “center on the privacies of life” and the rights of each citizen to protections from unlawful detention, searches and seizures, including protections from searches of electronics and cell phones without reasonable suspicion. "[...] it was while still in the boundaries of the United States that his civil rights were violated," his attorneys argued. "And, ever since, he fears the same violations may happen any time he travels again."

While the monetary judgement is a welcome victory, the aim of this next step is to get policies like those at the CBP and TSA changed. CLCMA attorneys continue to protect the rights of each client they represent, seeking equal treatment under the law for all, and in all aspects of life.

CLCMA employee Najmu Mohseen began an Equal Justice Works Fellowship last fall, sponsored by the law firm Akin Gump Strauss Hauer & Feld LLP, to create an exhaustive guidebook designed to modify prison and immigration detention centers’ treatment of Muslim inmates and detainees.

After months of writing and research under the supervision of designated senior attorneys at CLCMA, and with oversight from the pro bono attorneys at the sponsoring firm, Ms. Mohseen presented the first part of her project, Ramadan Rights, this month.

The Know-Your-Rights handouts, for prisoners and prison staff respectively, pertain to Ramadan accommodations for prisoners. They address religious requirements including dietary restrictions and fasting during Ramadan, prayer times, and more needs identified through recent CLCMA cases and others across the country.