NEW YORK: Arab and Muslim former detainees who say they faced harsh jail conditions due to their faith and ethnicity following the Sept. 11, 2001 attacks can pursue a lawsuit against former top US law enforcement officials, a sharply divided federal appeals court ruled on Friday.
The 2nd US Circuit Court of Appeals in New York voted 6-6 not to hear the case again before the entire court, leaving in place an earlier decision from a three-judge panel. A majority of the court’s active judges must approve such a rehearing, known as an “en banc” review.
The plaintiffs were arrested on minor immigration violations and eventually cleared of any connection to terrorism, according to the lawsuit, which was first filed in 2002. Friday’s decision clears the way for a possible trial in federal court.
The former detainees have sued officials from the administration of President George W. Bush, including former Attorney General John Ashcroft, former Federal Bureau of Investigation Director Robert Mueller and former Immigration and Naturalization Service Commissioner James Ziglar.
They claim they were singled out for solitary confinement for 23 hours per day and sleep deprivation because of their religion or ethnicity.
The decision comes days after Republican presidential candidate Donald Trump called for a temporary ban on foreign Muslims entering the country, setting off a furor both in the United States and abroad. His statement came after last week’s shooting in California by a couple authorities said were “radicalized” by extremist Islamist groups.
The 2nd Circuit rarely grants en banc reviews and has heard only one such case in the last two years.
But the split decision prompted an impassioned dissent from the six judges who voted to rehear the case, arguing that the court had failed to take into proper consideration the “unprecedented challenges” US officials faced following the Sept. 11 attacks that killed nearly 3,000 in New York, the District of Columbia and Pennsylvania.
Two judges who voted not to rehear the case disagreed, saying the restrictive conditions were alleged to have “resulted from the fear and frenzy in greater New York following the 9/11 attacks in which suspicion was founded merely upon one’s faith, one’s appearance, or one’s native tongue.”
The US Justice Department, which represents Ashcroft and Mueller, and a lawyer for Ziglar, did not immediately respond to requests for comment.
The Center for Constitutional Rights, which represents the plaintiffs, also did not immediately comment.
Arabs, Muslim detainees can sue Bush-era officials over post-Sept. 11 treatment
Arabs, Muslim detainees can sue Bush-era officials over post-Sept. 11 treatment
Vance’s message in Minneapolis: Local officials must cooperate with the immigration crackdown
- Vance defended ICE agents who detained a 5-year-old boy as he was arriving home from preschool
MINNEAPOLIS: Insisting that he was in Minnesota to calm tensions, Vice President JD Vance on Thursday blamed “far-left people” and state and local law enforcement officials for the chaos that has unfolded during the White House’s aggressive deportation campaign.
The Republican vice president said, “We’re doing everything that we can to lower the temperature,” adding that Minnesota leaders should “meet us halfway.”
The Justice Department is investigating top Democrats in the state, including Gov. Tim Walz and Minneapolis Mayor Jacob Frey, over whether they have obstructed or impeded immigration enforcement through their public criticism of the administration. Walz and Frey have described the investigation as an attempt to bully the political opposition.
Federal officers stood in a row behind Vance as he spoke, and there were two US Immigration and Customs Enforcement vehicles emblazoned with the slogan “Defend the Homeland.”
His visit follows weeks of aggressive rhetoric from the White House, including President Donald Trump, who has threatened to invoke the Insurrection Act — and send in military forces — to crack down on unrest. Asked about that option, Vance said, “Right now, we don’t think that we need that.”
Trump dispatched thousands of federal agents to Minnesota earlier this month after reports of child care fraud by Somali immigrants. Minneapolis-area officials, including Frey, as well as the police, religious leaders and the business community have pushed back, and outrage grew after an agent fatally shot Renee Good, a mother of three, during a confrontation this month.
After Vance’s visit, Walz said the federal government was to blame for the turmoil.
“Take the show of force off the streets and partner with the state on targeted enforcement of violent offenders instead of random, aggressive confrontation,” he wrote on social media.
Vance defends actions by ICE agents
Vance has played a leading role in defending the agent who killed Good, and he previously said her death was “a tragedy of her own making.” On Thursday, he repeated claims that Good “rammed” an agent with her car, an account that has been disputed based on videos of the incident.
Minnesota faith leaders, backed by labor unions and hundreds of Minneapolis-area businesses, are planning a day of protests on Friday. Nearly 600 local businesses have announced plans to shut down, while hundreds of “solidarity events” are expected across the country, according to MoveOn spokesperson Britt Jacovich.
Vance defended ICE agents who detained a 5-year-old boy as he was arriving home from preschool.
“When they went to arrest his illegal alien father, the father ran,” Vance said. “So the story is that ICE detained a 5-year-old. Well, what are they supposed to do?”
The boy, who was taken by federal agents along with his father to a detention facility in Texas, was the fourth student from his Minneapolis suburb to be detained by immigration officers in recent weeks.
Asked about reporting that federal authorities are asserting sweeping power to forcibly enter people’s homes without a judge’s warrant, Vance said warrants would still be part of immigration enforcement. But Vance did not specify which kind of warrant he was referring to.
“Nobody is talking about doing immigration enforcement without a warrant,” Vance said. “We’re never going to enter somebody’s house without some kind of warrant, unless of course somebody is firing at an officer and they have to protect themselves.”
The Associated Press reported on Wednesday that federal immigration officers were asserting sweeping power to forcibly enter houses without a judicial warrant, according to an internal ICE memo, in what is a reversal of long-standing guidance meant to respect constitutional limits on government searches.
Instead, the officers can use administrative warrants. Those are issued by ICE officials, as opposed to warrants signed off on by an independent judge.
Vance visited Ohio earlier in the day
During a stop in Toledo, Ohio, on Thursday morning, Vance acknowledged that immigration agents have made mistakes, while declining to be specific.
“Of course there have been mistakes made, because you’re always going to have mistakes made in law enforcement,” he said when asked about Trump’s comments earlier this week that ICE “is going to make mistakes sometimes.”
But Vance said the blame didn’t lie with the federal government.
“The number one way where we could lower the mistakes that are happening, at least with our immigration enforcement, is to have local jurisdictions that are cooperating with us,” he said.
Vance also praised the arrest of protesters who disrupted a church service in Minnesota on Sunday and said he expects more prosecutions to come. The protesters entered the church chanting “ICE out” and “Justice for Renee Good.”
“They’re scaring little kids who are there to worship God on a Sunday morning,” Vance said. He added, “Just as you have the right to protest, they have a right to worship God as they choose. And when you interrupt that, that is a violation of the law.”
Vance took the opportunity to criticize hometown Democratic Rep. Marcy Kaptur while he was in her Toledo-centered district. A crowded slate of Republicans — including former ICE Deputy Director Madison Sheahan — is vying to take on the longest-serving woman in Congress this fall.
Vance’s stop in Ohio was focused primarily on bolstering the administration’s positive economic message on the heels of Trump’s appearance at the World Economic Forum in Davos, Switzerland, and he showed support for Republicans like gubernatorial contender Vivek Ramaswamy and US Sen. Jon Husted.
Convincing voters that the nation is in rosy financial shape has been a persistent challenge for Trump during the first year of his second term. Polling has shown that the public is unconvinced that the economy is in good condition and majorities disapprove of Trump’s handling of foreign policy.
Vance urged voters to be patient with the economy, saying Trump had inherited a bad situation from Democratic President Joe Biden.
“You don’t turn the Titanic around overnight,” Vance said. “It takes time to fix what is broken.”









