In a January 14 ruling that, pending appeal, made permanent a preliminary injunction against the federal government that was handed down in December, U.S. District Judge Marsha Pechman barred the Immigration and Naturalization Service (INS) from deporting anyone to Somalia. The ruling not only stopped the immediate deportation of the four Seattle residents; it also certified their lawsuit as a class-action suit, halting the deportation of 2,747 other Somalis the INS wants to exclude from the U.S. At least 41 are presently in INS detention around the country.

The step-up in government harassment of Somalis and other immigrants in its police sweep following Sept. 11, 2001, including the use of minor immigration and other offenses to deport people, has prompted an ongoing protest campaign in this city.

Between 1997 and 2002 the INS deported 196 people back to Somalia. Since the country has no central government and no formal procedure to accept returning nationals, the INS has simply dropped people back there without regard for what they will face. Activists here explain that some of those deported lived most of their lives in the U.S. and have no relatives in Somalia or any other ties to the country.

The Seattle case began last November in defense of the four men and Ahmed Noor Yusuf, all of whom were in jail. Ahmed Noor Yusuf has since been released while the others remain behind bars. The INS has used convictions on drug, drunk-driving, and assault charges against three of them, while the two others are being held for alleged immigration law violations.

Lawyers for the four contended that deportation to a country that did not accept the deportees was illegal. Justice Department attorney Greg Mack countered, "It’s not about what happens on the other end. If someone got on the plane and the door was sealed, acceptance has occurred."

"What we are talking about are people who do not have the legal right to be in the U.S.," said INS official William Strassberger.

According to a press release from the Hate Free Zone Campaign of Washington, the judge "found the INS’ interpretation of acceptance ‘is...incredible.’" The statement reported that Judge Pechman "was very concerned that the INS could provide no record that previous Somali deportees had even reached their destination, almost ‘as if they (‘ve) fallen into a black hole.’"

The judge said that part of the reason she included all Somalis in the United States in her ruling was the government’s treatment of those they had jailed. The INS withholds information about the detainees, including their names. "The numbers... appear to change and individuals have been transferred out of districts" where they have cases pending, she said. "How can they develop a relationship with counsel if they are moving? Depending on charity and pro bono organizations to work around the country is not access to the court."

Pechman rejected Justice Department lawyer Mack’s justification of the deportations as part of the so-called "war on terror." Mack had stated, "As to [al–Qaeda’s] presence in Somalia, those assessments are ongoing...where [Attorney General John Ashcroft] has the sense that there is a potential threat from a country, he has to have the option of removal."

The judge rejected that argument, stating that there had been no evidence provided showing that al–Qaeda was in Somalia or that there was any connection between the Somalis and terrorism.

Mahamed Accord, president of Somali Society Services, said that he was happy with the court decision. "But this is the tip of the iceberg," he said, "A lot of the INS decisions are being done behind closed doors. They hold people for eight months and violate their own laws. They need to be held accountable." Accord said that he is "thankful for the support of the American public. We have a lot of support. We can’t do it alone."

Pramila Jayapal, Executive Director of the Hate Free Zone Campaign of Washington, said the ruling pointed to the need to stop the Department of Justice from undermining civil liberties.

Nancy Johnson, the administration and grants manager of the organization, explained that it was formed soon after Sept. 11, 2001, to defend immigrants facing racist attacks and government denial of their rights. Since then the group has helped defend people from many different immigrant groups, including Somali grocers and money transfer business owners in Seattle who had their businesses raided and emptied out by customs agents in November 2001; airport workers discriminated against by the federal government; and other immigrants who have reported racist attacks or discrimination in housing, employment, and elsewhere.  
 
 
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