Category: Uncategorized

  • Immigration Prosecutions set Record

    Bulletin from the Transactional Records Access Clearinghouse, Syracuse University.

    In January 2008, there were 4,739 federal prosecutions classified as immigration matters, according to timely enforcement data from the Justice Department. This is up over 20% from the previous month, and represents the largest monthly number of such prosecutions in the past seven years.

    There has been substantial growth in the number of cases handled by U.S. Magistrate Courts, and some portion of this increase may reflect improvements in the recording of these magistrate cases by the Justice Department.

    The Southern District of Texas (Houston) — with 354 prosecutions — was the most active during January 2008. The Southern District of Texas (Houston) was ranked 1 a year ago, while it was ranked 1 five years ago.

    Judge Randy Crane in the Southern District of Texas (Houston) ranked 1st with 77 defendants in immigration cases. Judge Crane also appeared in the top ten rankings one year ago (ranked 7).

    Judge Ricardo H. Hinojosa in the Southern District of Texas (Houston) ranked 2nd with 75 defendants in immigration cases. Judge Hinojosa also appeared in the top ten rankings one year ago (ranked 10).

    For reports on the latest enforcement trends, go to:

    http://trac.syr.edu/tracreports/bulletins/

  • Riad Hamad Search Warrant Affidavit Released

    Austin media this evening are reporting allegations contained in a search warrant affidavit that was just released in the matter of Riad Hamad. Here is how the Austin American-Statesman is describing the document:

    According to a search warrant affidavit, Hamad operated the Palestine Children’s Welfare Fund, which bills itself as an organization to improve the lives of Palestinian children.

    It said that Hamad received $633,965 in donations and that he sent some of the money — about $527,000 — to the Middle East. But the affidavit said authorities “can not determine the ultimate disposition of these funds at this time.”

    The affidavit said authorities think Hamad was using the donated money for personal use and not paying federal income tax on it.

    The document also said that Hamad failed to file several income tax returns from 2000 to 2006 and did not pay any taxes on earned income during those years.

    Hamad also gave copies of unfiled federal income tax returns and false documents to various universities in Texas to obtain federal loans in the amount of $135,000, the affidavit said.

    The lead paragraph of the story says federal authorities “could not trace the whereabouts of more than $500,000 he received for his charity”; yet the body of the article says that $527,000 was sent to the Middle East. Surely, the editors are aware that the impression they create in the lead paragraph is defamatory, especially by comparison to the facts that follow.

    There is a curious use of the word “some.” It is used, for example, to describe most of the money raised, yet not used to describe the smaller sum in question that could have “allegedly” been used for personal purposes. We would have preferred the report to say “most” of the money went to the Middle East (83 percent says our calculator), while “some” of the remaining money is still under investigation.

    If it is the case that Mr. Hamad secured loans on the basis of tax forms not actually filed, then perhaps the loans in question are student loans? Mr. Hamad was a lifelong student with several graduate degrees.

    A local Fox News package (that is not yet posted online) mentioned the word “fraud.” As the narrator of the news report at 9pm talked about money allegedly going into family accounts, the screen zoomed to a high six-digit figure. But the news account from the Statesman suggests that 83 percent of the money raised went to the Middle East.

    Nothing is yet clear about what federal officials allege regarding the $135,000 that did not go to the Middle East. For example, we believe (and reporters should know this much) that he spent some money on Palestinian refugees in Texas. He made it very clear at the time that he was making an exception to his usual rule that all money goes to the children of Palestine. But they were locking up Palestinian children at the T. Don Hutto prison, and Riad Hamad responded to their needs — without hesitation. He talked about driving to the prison and bringing care packages.

    When federal officials claim in a document that they don’t know “at this time” exactly where the $527,000 went after it got to the Middle East, it is not clear how they are using their investigative power. They are apparently not saying that they know the money was mis-spent. If they had said such a thing clearly, wouldn’t the news reports have been more straightforward?

    Fox News interviewed a neighbor who wanted to think the best things about Riad Hamad. And we venture to guess that anyone who ever met Riad Hamad shares his neighbor’s best hopes.

    Riad Hamad is dead. He can’t make any further use of his good reputation with people who knew him. Nevertheless, we would very much appreciate more careful and respectful reporting on the life of a man who by all accounts was generous from inside out.–gm

    Additional reporting from KVUE has been posted:

    A federal search warrant reveals what Hamad was being accused of.

    According to an investigator with the Internal Revenue Service, “… Riad Hamad, with the assistance of his son, Abdullah Hamad, his ex-wife, Diana Hamad, and his daughter, Rita Hamad, are using the ‘donated funds’ for personal use and not paying federal income taxes on these funds.”

    Authorities believe Hamad was operating three organizations from his Southwest Austin home — The Palestinian Children’s Welfare Fund, Clean Air of Austin and kKnder Kreative Konsultants.

    The search warrant shows donations totaling more than $633,000 were collected. Investigators also traced $892,000 in cash being deposited into Hamad family bank accounts. It’s believed these are proceeds from donations to the Children’s Welfare Fund.

    SOURCE: “Teacher found in lake investigated for spending donated money” (03:50 PM CDT on Thursday, May 1, 2008)
    By MELISSA MCGUIRE, KVUE News

  • Email from Riad Hamad: This is Appalling (12/21/06)

    Received Dec. 21, 2006, 9:48 p.m. Here Riad Hamad responds to news that Palestinian families are being held at T. Don Hutto prison in Taylor, Texas. In at least one case, a younger child, who was born American, was placed in foster care.–gm

    Subject: This is appalling

    Marhaba ( hello in Arabic) I just called . . . the attorney in Dallas and will try; to call him in the morning . . . do you know where the children are in foster homes.

    I am very willing, capable and determined to help if you can give me more information about these families and how we can help . . . Looking forward to hearing from you and THANKS for your work for peace and justice in these dark days of humanity led by the evil empire and its emperor George W. Bush.

    Salam/ Peace with justice
    Riad Hamad

  • Email from Riad Hamad: Take Toys, Food, Clothing (12/23/06)

    The following email contains an appeal from Riad Hamad forwarded by the Palestine Solidarity Committee at the University of Texas at Austin. The email from the PSC was received at 8:41 p.m. on Dec. 23, 2006.–gm

    Dear friends,

    There are two Palestinian families consisting of a pregnant woman and children as young as two years old being held in TEXAS jails under horrible conditions. They are being denied proper medical care, food, etc. They are also unable to make phonecalls, apparently.

    To find out more, read the links below:
    http://www.ntimc.org/
    https://texascivilrightsreview.org/phpnuke/. . .

    Riad Hamad, part of the PCWF, the Palestine Children’s Welfare Fund (pcwf.org), sent the following email. If you are interested in helping please contact Riad at 512 779 . . . to find out what you can do.

    [Forwarded message from Riad Hamad]

    “I just contacted the attorney who suggested that I take toys, food, clothing and other things for the family in the jail which is in the town of HUTTO, 30 miles north of Austin.

    Also, he suggested that I contact the media to be present in case I am denied entry to see the family and I did KVUE TV station, the local ABC news. The woman who answered the phone indicated that she might be interested in covering the story and asked me to call back in two hours or about 3 o’clock in the afternoon. I am planning to call her back and plan to call other media outlets in the state to be present..and might go today and again tomorrow.

    IF the media reps can not be there today. If you or some one you know is interested in helping contact the media, going to the jail to deliver the gifts and the food please email me or call me.
    Looking forward to hearing from you and thank you for helping and trying to help this Palestinian family.

    Salamat
    Riad Hamad”

    Thanks for your help.
    Always in solidarity,
    PSC

  • FBI Speaks to Rio Grande Valley Mosque

    By Nick Braune

    Four Rio Grande Valley FBI agents attended a “community night” at the al-Ridwan mosque in Edinburg, Texas on Saturday. It was advertised as, and was, a friendly get-together to begin a process of dialogue. A beautiful meal was served after the event, with the FBI agents getting a special welcoming.

    The main speaker from the mosque was Amin Ibraham from the mosque’s board who stressed in his speech that the Islamic community in the Valley is a grouping of primarily professional people including members who are doctors, professors — Ibraham himself is a professor — and business men and women. Because they have a stake in making the world and America safe, they are not sympathetic to terrorists. Their faith condemns injustice and mistreatment of others, and Islamic youth are taught to value education and to respect people of other faiths.

    The mosque is new — there are three other mosques in the Valley too — and is gorgeous with some beautiful Arabesque designs on the wall and beautiful rugs. I think is fair to say that it is a fairly prosperous group, not wealthy perhaps but successful on the whole.

    There are in the Muslim community here in the Valley people from 30 different nations, including from SE Asia, Africa and Latin America. The story run in The Monitor advertising the event said that “the Islamic leaders will make it clear to the FBI that their community is an educated, law-abiding people. Showing that the community has nothing to hide will strengthen trust on both sides.”

    There was grand friendliness at the event, the FBI being at its PR best, insisting that they are humans as much as anyone in the room and that they “do the same things in the morning getting ready to go to work that anyone in this room does.” (After Agent Johnson said that, he jokingly rethought it and said that maybe the agents do not pray as much in the morning as the Muslims.)

    Because there was so much formality and praise being offered, differences were left unexplored for the most part. From a progressive activist eye (mine), the meeting was somewhat disappointing, even reactionary, when the FBI and the Islamic leaders seemed to agree that Muslims should be more “proactive in reporting suspicious activity” to the agency.

    Despite the friendliness, there were a few controversies (criticisms of the FBI) that broke through the surface.

    In McAllen’s The Monitor article advertising the event, Ibraham said that it is not unusual “for a Valley Muslim to get a call from the FBI after crossing the border from Mexico back to Texas.” (Valley people know how shocking this is. Because travel back and forth over the border is so common for Valley residents, this complaint about the FBI phoning Muslims who have crossed the border clearly suggests improper profiling. I personally have been over the border twice this month to have dental work done, and the FBI never called me after I crossed or any of my close aquaintainces.)

    One of the questions from the audience expressed annoyance at the harassment of Muslim charitable organizations giving relief money to needy people overseas. The FBI agent was so clueless in his response that he did not even mention that the government has been roundly criticized in court for mislabeling charitable groups as terrorist. Instead Agent Garza made a practical suggestion to the members of the masjid: when you want to send money to help people, be sure they check on the groups which are raising money. He seemed to think he was speaking to a young and inexperienced audience on this matter.

    One issue was raised about FBI agents’ insensitivity to Moslem women during questioning. There was no more explanation of the issue given, and the Agent Johnson did not probe for any. He said that they try to speak to everyone with sensitivity; and he hopes that if an agent is acting improperly, that his new friends at the mosque would let him, Agent Johnson, know about it. To his credit, Johnson admitted that some of the agents are “slow learners” on cultural matters.

    One question asked why there is such a torturously long wait for background checks from the FBI. Important paperwork can be held up by the “not yet cleared by the FBI” line. The agent said he was prepared for that question and realized that there is an “incredible backlog” and that routine “clearance” matters have become more complicated since 9/11.

    The FBI expects things to go better, now that they are getting outside contractors to do so much of the clearances. They are also going though the process of scanning into computers all paper documentation, so agents will not have to be wasting time turning pages. But if there is anyone who has been held up in here for an excruciating time, maybe ten years or something, Johnson said, they should come up to him afterward and maybe he could get it pushed through quicker. (He was eager to make friends.)

    Another interesting question was asked: How are wiretap targets selected? The agent explained that there were many restrictions on wiretapping and that they have to go before a judge to show grounds for any wiretapping. And we can’t just say that we want permission to wiretap someone because they are Muslim, he said. There has to be a good reason. One member of the audience argued and asked him about the Military Commissions Act sneaking around the backs of judges, but the question was not really noticed.

    Among the few interesting facts presented by the FBI was that the 2006 crime numbers are now in, and figures show that hate crimes against Muslims were up 22% that year from the previous. Garza said that stopping hate crimes is the “number one priority of the FBI.” (That was good, although earlier he had said that fighting terrorism was the top priority.) Agent Johnson wants to protect the civil rights of everyone, but the FBI has to be watchful of certain groups, “like white supremacist groups on the right and anarchist groups on the left.”

    Agent Garza explained to the group that if it ever seems to members of the mosque that they are being asked a lot of questions by agents, it should not be taken wrong. Sad but true: If someone doesn’t like you, they could call and report you as terrorist, he said. The FBI, in that case, has to follow up on the tip. Agents would usually go to you in that circumstance, he said, and ask some questions. The agents would probably find that there was nothing to that tip, that the tip just came from some angry, unhinged person. He told those in the audience to not assume that if the FBI asks someone a question that this makes someone a suspect.

    “If we thought we had something on you, we would arrest you.” So don’t worry when we ask you a question, Agent Johnson said. We need to ask some of you questions because the people in this room are the people who know the community. And we don’t know it, he explained.

    Once again it was a very friendly meeting and the food was great and everyone attending was greeted in a warm and welcoming way. But it could have been a perfect evening for me if the issues had been discussed better. The Monitor reporter apparently felt that way too. He had this little dig: “The mood in the room alternated between serious questions and mutual flattery between Johnson and the worshippers.”

    I also hope that the community around the new mosque can share stories with the many Mexican-American immigrants who are also experiencing trouble from the government. There is more “safety in numbers” than safety with the FBI, I’m sure.