The USA Patriotic Act and The Domestic

The USA Patriotic Act and The Domestic
Security Enhancement Act of 2003

The Vietnamese and Asian American community and immigrants living in the U.S. are finding their civil rights threatened by the potentially dangerous and ominous piece of legislature, the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act), which grants the government unprecedented and unchecked power in carrying out terrorist investigations against those deemed “suspicious persons”.

Having passed through a panicky Congress nine days after the events of September 11th and after only one day of debate, The USA PATRIOT Act allows law enforcement agencies to:

Physically search and spy on U.S. citizens without a warrant and the right to do so without notifying the suspect party.
Monitor telephone and internet communications without giving notice or seeking a warrant.
Arrest solely on the basis of “suspicion” alone, without warrant and without a formal charge.
Detain suspicious persons indefinitely and without notice to the public nor their families.
Deport immigrants for minor violations – such as failing to submit change of address forms.
Carry out selective prosecutions and racial profiling unchecked.
Detain, deport, and deny fundamental due process rights to lawful immigrants, including the right to legal counsel and public hearings.
Wire-tap client/counsel communications.

In a meeting between a coalition of civil rights leaders, Senator Dianne Feinstein singled out Asian Americans as the ones who would face the greatest threat to their civil liberties as a result of the aftermath of September 11th and the USA PATRIOT Act. Because they are proud of their cultural heritage, often practice traditional customs, and maintain close relations with loved ones outside the U.S. , Vietnamese Americans have suffered the longstanding misconception that they are disloyal to America . This has unfortunately led to increased suspicion of Vietnamese and Asian Americans among anti-terrorist agencies. According to reports 30% of the Department of Justice's (DOJ) pending espionage investigations are against individuals with Asian surnames.

The situation has become increasingly bleak for an already stressed Vietnamese immigrant community. Since the implementation of the USA PATRIOT Act, in September of 2002, 1,200 people have been imprisoned for suspected ties to terrorists. More disheartening is that the DOJ was not required to reveal the names of the prisoners – some of whom were detained for over a year. In addition, the INS has deported over 750 people, never charged with any terrorist-related crimes, for minor immigration violations.

It is further feared that the situation for Vietnamese Americans and for all Americans who enjoy civil liberties, as promised by the U.S. constitution, would continue to dilapidate should Congress pass The Domestic Security Enhancement Act of 2003, or the PATRIOT Act II. This legislature would make it possible for the government to conduct secret arrests, strip citizenship for “inferred” intent to aid terrorism or “suspected” association with terrorists, and to profile citizens based on race through secret genetic sampling and cataloging.

Ben Franklin is quoted with having said, “Those who would give up liberty for security deserve neither.” Let us hope that our policy makers realize the value of such simple, succinct, wisdom and re-implement the safeguards on our civil liberties sacred to our democratic process.

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