Rights Group Sues US for Placing Palestinian American on 'Illegal, Racist Watchlist'
"Security agencies have no right to infringe on people's rights under flimsy pretext and without judicial permission and due process," said a plaintiff in the case.
The largest U.S. Muslim civil rights group on Monday announced it is suing Attorney General Merrick Garland and other federal officials for placing one Palestinian American on its "no-fly" list and for seizing another's electronic device and interrogating him about his constitutionally protected organizing for a free Palestine.
The Council on American-Islamic Relations and its Los Angeles office (CAIR-LA) are suing Garland, Federal Bureau of Investigation Director Christopher Wray, Terrorism Screening Center Director Michael Glasheen, and other national security officials on behalf of Mustafa Zeidan and Osama Abu Irshaid.
According to the lawsuit, the men "are both United States citizens of Palestinian descent" who have never "been charged or convicted of a violent crime."
"Yet, recently, the federal government has placed Dr. Abu Irshaid and Mr. Zeidan on a secret list, subjecting one to a humiliating process of detention, questioning, and phone seizure at the border and barring the other from flying altogether," the filing states. Irshaid is on the terrorism watchlist while Zeidan cannot fly.
"Only one thing has changed for Dr. Abu Irshaid in recent months: his constant and passionate advocacy for an end to Israel's genocide in Gaza and an end to the United States' complicity in that genocide."
"As a result of his status on the government's secret list now, Dr. Abu Irshaid is detained at the border by federal agents each time he crosses it," the document continues. "Federal agents ask... humiliating questions about his lawful associations and work leading a nonprofit organization that advocates for the rights of Palestinians."
As a board member and national director of Palos Hills, Illinois-based American Muslims for Palestine, Irshaid frequently appears as an expert on mainstream media outlets including NPR and Al Jazeera, where he warned last December of "dangerous smear campaigns that weaponize racism to silence the Palestinian freedom movement."
The lawsuit states that federal agents "have successfully coerced" Irshaid into unlocking his phone, which they still held at the time the suit was filed.
"Only one thing has changed for Dr. Abu Irshaid in recent months: His constant and passionate advocacy for an end to Israel's genocide in Gaza and an end to the United States' complicity in that genocide," the complaint stresses.
The lawsuit continues:
Mr. Zeidan has fared even worse. [He] travels to Jordan several times a year to visit and take care of his ailing mother. After purchasing a ticket to see her in May of this year, he showed up to the airport, only for officials at the airport to tell him that he was forbidden from boarding his flight because of his status on the government's secret list. The government has given Mr. Zeidan no explanation for why he's been placed on the no-fly List after years of flying overseas without any issues. Only one thing has changed in the last several months for Mr. Zeidan: He organizes a weekly protest to call for an end to Israel's genocidal campaign in Gaza and the United States' complicity in that genocide.
"When I first came to the United States almost three decades ago what appealed to me the most about it were the constitutional rights and civil liberties that guarantee humans dignity," Irshaid said Monday at a press conference in Washington, D.C. announcing the lawsuit, "and that security agencies have no right to infringe on people's rights under flimsy pretext and without judicial permission and due process."
"The terrorist attacks of September 11, 2001 in New York and Washington turned things upside down in the United States," Irshaid continued. "Harsh laws were enacted that infringed on the civil and constitutional rights of American citizens including the right to privacy and the presumption of innocence until proven guilty."
"American Muslims in particular became suspects merely because of their religious and ethnic background and were treated as guilty until proven innocent," he noted. "I understand the need to maintain security, but it must be conducted consistent with American values, and constitutional legal values and protections."
Explaining that he was previously on the U.S. watchlist from 2010-17, Irshaid expressed his dismay at finding himself back on it. However, he said he would not stop advocating for Palestine.
"As a human being, I reject killing, maiming, displacement, starvation, displacement, and terrorization of tens of thousands of children, women, civilians, and innocents, regardless of their nationalities," he said. "Moreover, as an American, I reject the complicity of American decision-makers in supporting such crimes with weapons, money, and the diplomatic immunity they provide to Israel."
"The right to political dissent is protected by the First Amendment," Irshaid added. "This does not make me less patriotic, but rather makes me more in line with American values."
Earlier this year, U.S. Rep. Ilhan Omar (D-Minn.) urged her House colleagues to condemn a proposal by U.S. Sen. Marsha Blackburn (R-Tenn.) to add pro-Palestine student protesters to the no-fly list.
"A sitting senator labels Americans protesting against a foreign country accused of carrying out a genocide funded with our tax dollars as terrorists and puts a target on their back to be attacked," said Omar, who is Muslim. "This is insanely dangerous and somehow no one will condemn it."