May 21, 2004
The Honorable Tom Ridge
U.S. Department of Homeland
Security
Washington, DC 20528
Dear Secretary Ridge:
We write to urge the Department’s due
consideration of Mr. Ansar Mahmood's (A# 47265599) petitions for release under
an order of supervision and deferred action on his deportation. The facts of Mr. Mahmood's case as they have
been reported to us are compelling and warrant your attention.
We commend the Administration’s efforts in seeking to
bring to justice the perpetrators of the horrific September 11, 2001, attacks
on our nation and your efforts to prevent future attacks. We believe that preventing future terrorist
attacks must be one of the highest priorities for our nation. These efforts, however, should be both
effective and conducted within the parameters set by the U.S.
Constitution. As you know, hundreds of
Muslim and Arab immigrants were rounded up and detained on immigration
violations within days and weeks of the September 11th attacks. None of these individuals were charged with
terrorism, but they were held in custody under a cloud of suspicion and many
were later deported for immigration violations.
In
June 2003, the Justice Department’s own Inspector General issued a report
critical of this mass roundup and detention policy. Specifically, the Inspector General noted that “it is unlikely
that most if not all of the individuals arrested would have been pursued by law
enforcement” but for the September 11th investigation and that “some
appear to have been arrested more by virtue of chance encounters . . . .” We commend you and the Department of
Homeland Security for taking steps that begin to address the Inspector
General’s concerns, including the recent issuance of revised detention guidance
in immigration cases. In this same
spirit, we urge you to give due consideration to the petition of Mr. Mahmood,
whom the FBI has reportedly determined poses no security threat and who has
been in federal custody since October 2001.
According
to news reports and communications to us by the Hudson, New York community, the
following are the facts surrounding Mr. Mahmood’s case. Mr. Mahmood entered the United States
legally in April 2000 and has been here on a green card. He worked up to 14 hours a day delivering
pizzas in Hudson, New York and earned enough money to improve the lives of his
parents and younger sisters living in poverty in Pakistan. In October 2001, he was arrested in Hudson
for arousing suspicion after he took a picture of New York’s fall foliage near
the Hudson reservoir. Unbeknownst to
him, the scene Mr. Mahmood was trying to capture with his camera also included
a water treatment facility.
A security guarded reported Mr. Mahmood to
federal law enforcement. The FBI
detained and interrogated Mr. Mahmood but quickly cleared him of any link to
terrorist activity, including tampering with the water supply. A police search of his home, however,
revealed that he had cosigned an apartment lease and registered a car for a
Pakistani couple who had overstayed their tourist visas. Although Mr. Mahmood reports that he did not
know that the couple remained in the country illegally, he was charged with
harboring the couple. Following his
public defender's advice, Mr. Mahmood pleaded guilty in hopes that the court
would be sympathetic. The court
sentenced him to time served and five years probation. Because Mr. Mahmood pleaded guilty to the
offense, however, he became subject to deportation. Despite the fact that he had already served his time for his
immigration offense, Mr. Mahmood has been detained for over two and a half
years.
We are informed that the FBI has
thoroughly investigated Mr. Mahmood and has determined that he does not pose a
threat to the United States. The Hudson
community believes that, as a hardworking immigrant who poses no threat to the
community and has no other convictions, Mr. Mahmood should be allowed to remain
in the country and work to support himself and his family in Pakistan. The Hudson community has organized numerous
efforts to support Mr. Mahmood, including circulating petitions, holding
rallies, and making his case known to elected officials and the media.
Based on the outpouring of support for Mr.
Mahmood from the Hudson community and the facts of his case as they have been
reported to us, we respectfully request that you give due consideration to Mr.
Mahmood's petitions for release and deferred action. We look forward to hearing from you about this important matter.
Sincerely,
Russell D. Feingold Patrick J. Leahy
Edward M. Kennedy Richard J. Durbin
Jon S. Corzine
cc: The Honorable Asa Hutchinson
Under Secretary for Border & Transportation Security
The Honorable Michael Garcia
Assistant Secretary, Bureau of Immigration & Customs
Enforcement
Mr. William Cleary, Acting Field Director
BICE - Detention and Removal Operations