From Arshia Ali-Khan | MLFA <[email protected]>
Subject Day 4: How you help shed light on injustice
Date July 25, 2020 7:24 PM
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Assalamu'alaykum John,

Today, we share the story of MLFA beneficiary and CLCMA client Lassana
Magassa, an American citizen who found himself fighting for his rights
after being targeted by U.S. government agencies for no other
discernible reason than his identity.

Magassa, an African-American Muslim of Malian descent, experienced
first-hand the complexity of government programs that disproportionately
target Muslims and people of color.

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.

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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.

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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.

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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.

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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 in America. It is not an easy road, but he has hope - hope
that his fight paves the way to accountability, transparency, and trust
in our justice system going forward, and prevents further abuses down
the road.

Masha'Allah, despite his troubles, Dr. Magassa earned his Ph.D., a
testament to his strength and the power of hope.

In faith and for justice,

Arshia Ali-Khan
Chief Development Officer
Muslim Legal Fund of America

 

Support the work that holds the system accountable and inspires hope!

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