The Injustice Against Mazen Al-Najjar

On the morning of May 19, 1997, as Mazen ate breakfast with his wife, Fedaa, and his three daughters, Yara, Sara, and Safa, Immigration and Naturalization Service Agents along with the FBI came into their home and arrested Mazen. Mazen has remained and continues to remain in the Manatee County jail since his arrest in 1997. Mazen Al-Najjar has yet to be charged with any crime.

Mazen had applied to upgrade his immigration status and was very excited about finally having a place to call his own, but he is under deportation proceedings because he over stayed his visa, as did his wife. But this is a common occurrence and is very easily taken care of, or so one would think. Mazen and Fedaa's file was lost for quite sometime, by INS, in the 1980's an immigration Judge ruled that their case be closed until their file could be located. But after Mazen's arrest, things took a strange twist, he was denied bail on the basis of "Secret Evidence", which means.....Mazen nor his Attorney could view the allegations against him. Many will say but if the Gov't has "Secret Evidence" then surely the allegations are true. But are they? It is my opinion that Mazen is not guilty of any wrong doing, if he is he should be presented with the "Secret Evidence"......he has the right to due process. But again if he has committed any crime why has he been locked away for nearly 2 years without being charged with any crime?

The allegations against Mazen is that he is a threat to our National Security. But is he? Mazen Al-Najjar, born in the Gaza Strip, is a Palestinian Refugee. He has lived in Saudi Arabia, Egypt, and the United Arab Emirates as a refugee, Mazen recieved his BS Degree in Engineering from Egypt in 1979, and in 1981 came to the US to pursue his graduate studies. He recieved his Masters and Doctorate degrees in Industrial Engineering and Management from two US Universities, one being the University of South Florida (USF).Mazen was part of the Islamic Committee of Palestine (ICP), which held conferences in support of the Palestinian uprising (Infatada) from 1988 to 1992, and collected funds to send to orphans in the Palestinian camps. All of ICP's activities were open, public, legal, and documented. The last ICP activity was in December of 1992. He served as Chief Editor of the World and Islamic Studies Enterprise (WISE) between 1990 and 1995 at the University of South Florida, where he taught Arabic part-time. During this time he edited twenty volumes and three books with over eighty authors, who are among the best intellectual minds in America and the World. Known in his community for his dedication, he is respected and admired for his humility and high moral character, Mazen frequently delivered Friday sermons, performed marriages, taught children and adults, and counseled the distressed --- all prior to his detention.

Mazen's troubles began on October 26, 1995, when the head of the Islamic Jihad was shot to death on the Mediterranean island of Malta, alledgedly by Mossad agents. Days later, Ramadan Shallah, who had been an instructor at USF and a member of WISE, became the new leader of Islamic Jihad. But Shallah had left USF and WISE several months prior to taking over Islamic Jihad. The Tampa Tribune ran a two year media campaign stating that there was a terrorist shell at USF, due to the Tampa Tribune articles Federal authorities have been investigating WISE and it's associates. Dr. Sami Al-Arian, Mazen's brother-in-law and a Professor at USF, was denied citizenship based on "Secret Evidence" he finally got the FBI to release this "Secret Evidence" and it consisted of nothing more than news articles, and editorials by the Tampa Tribune. Does Mazen's "Secret Evidence" consist of the same thing? We don't know, he still hasn't seen the "Secret Evidence" against him.

A separate investigation conducted by the well respected Attorney and former American Bar Association President, William Reece Smith Jr., ordered by USF, concluded that there was no wrong doing by the USF Middle-East Committee, WISE, or it's associates but infact WISE's activities were beneficial to USF and the American Society at large.

For those who may think Mazen's case is an isolated incident, that this doesn't occur in the US......well, it does quite frequently. Here are a few other's that have been detained, continue to be detained, or already deported with the use of "Secret Evidence"......Nasser Ahmed (New York City), Anwar Haddam (Virginia), Imad Hamad (Detroit), The LA 8 (Los Angeles, 8 immigrants), Ali Termos (Dearborn, Michigan), Hany Kiareldeen (New Jersey), Yahia Meddiah (Miami), and 6 Iraqi's (California). The common factor among all of these......they are all Arab, most are Muslims.

The Bill of Rights gives each of us the right to free speech, the right to due process, the right to defend ourselves in court, and the right to face our accusers.....the use of "Secret Evidence" is unconstitutional...it does not say only citizens have these rights, but it says we all have these rights. If any of the above mentioned people are terrorist, or have committed any crime they are entitled to their day in court, they are also entitled to know what the allegations are against them.....how can one prove they are innocent when they haven't been charged with a crime, nor have they or their Attorney's seen the "Secret Evidence" against them. The FBI can deem anything classified, even newspaper articles....this is a slap in the face to the Constitution. If we do not speak out, it will happen more often......next time it could happen to you or me.

Imad Hamad,(mentioned above)has won his legal case of deportation......his legal battle began 14 years ago, and in 1997 was awarded the right to adjust his status and become a US citizen, INS appealed the ruling, but on February 19, 1999 a panel of Judges upheld the first ruling, ending once and for all the attempts to deport him, and clearing the way for him to gain citizenship......(this update comes from the ADC (American-Arab Anti-Discrimination Committee)

February 22, 1999.....Democratic House Whip Rep. David Bonior (D-MI) visited Mazen Al-Najjar in jail, Rep. Bonior is the first Congressman to visit Mazen. Rep. Bonior said he will ask Janet Reno to do away with the use of "Secret Evidence", he also promised to hand deliver a letter to President Clinton from Yara, Mazen Al-Najjar's ten year old daughter, calling for the release of her father. March 4, 1999....Rep. Bonior met with President Clinton and not only brought up criticism of the 1996 Anti-Terrorism Law, but also hand delivered the letter from Yara. He also added he will work with others in Congress to introduce legislation to bar the use of "Secret Evidence." (This update from Mazen's Family & the AMC (American Muslim Council)

February 24, 1999......The Supreme Court authorized the Government to practice selective enforcement of the law in deportation cases. The court ruled on ADC v. Reno (Also known as the LA 8 mentioned above) in which 7 Palestinians and one Kenyan faced deportaion because of their political beliefs. The Clinton Administration had argued that the court should block immigrants from access to District Courts, the only viable forum for asserting constitutional rights during deportation proceedings. The Courts sided with the Government and barred access to District Courts to immigrants facing deportation, a serious blow to civil liberties and the principle of equal justice. (This update from the ADC (American-Arab Anti-Discrimination Committee)