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ADC Sues Over "October Plan"

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    ADC Files New FOIA With DHS Concerning the October Plan American-Arab Anti-Discrimination Committee (ADC) E-mail: media @ adc.org
    Message 1 of 1 , Feb 12, 2006
      ADC Files New FOIA With DHS Concerning the "October Plan"

      American-Arab Anti-Discrimination Committee (ADC)
      E-mail: media @ adc.org

      February 9, 2006, Washington, DC— The American-Arab
      Anti-Discrimination Committee (ADC) has retained the law firm of
      Kirkland & Ellis as counsel to address the use of the National
      Security Entry-Exit Registration System (NSEERS) in immigration
      enforcement efforts.

      On November 4, 2004, US Immigration and Customs Enforcement (ICE), an
      agency of the US Department of Homeland Security (DHS), issued a press
      release entitled "ICE Threat Disruption Effort Results in More than
      230 Arrests." As a result, and due to community concerns, the ADC
      requested a nationality breakdown of those arrested by ICE. In an
      earlier statement on September 30, 2004 ICE explained that it utilized
      three databases (namely NSEERS, SEVIS, and US VISIT) to reprioritize
      leads resulting in the above-referenced arrests.

      ADC was, and continues to be, concerned that the Arab, South Asian,
      and Muslim populations were being disproportionately impacted because
      of the use of the NSEERS database in this enforcement effort termed by
      the media as the "October Plan." On December 14, 2004, ADC filed a
      Freedom of Information Act Request (FOIA) in order to gain access to
      the nationality of those arrested and determine the percentage of
      Arabs, South Asians, and Muslims who were affected. ADC did not
      request the names or individual information of any of the persons who
      had been arrested. Furthermore, ADC did not ask for any information
      regarding DHS employees or any law enforcement technique, sources,
      methods, or procedures used by DHS or other agencies regarding the

      ADC's intent with the request was to assure the Arab-American, South
      Asian, and Muslim communities, along with the rest of our nation, that
      ICE was not conducting a "round-up" or "sweep" in any community, and
      that it was acting consistently with the pledge made on September 30,
      2004 not to partake in racial, national origin or religious profiling.

      Unfortunately, ICE and DHS denied ADC's request to release the
      nationality breakdown of those arrested during the "October Plan." On
      March 3, 2005, ADC filed an administrative appeal with the Privacy
      Office at DHS. This appeal was also denied.

      Represented by Kirkland & Ellis attorneys Tefft W. Smith, Amanda J.
      Wong, and John C. O'Quinn, ADC has filed a new FOIA request concerning
      this issue. In today's request, ADC asks DHS to provide information on
      the race, ethnicity, religion, and gender of those arrested during the
      "October Plan." Represented by Kirkland & Ellis, ADC will continue to
      address this matter until the concerns raised by ADC on behalf of the
      Arab-American community are addressed in a constructive fashion and to
      the best interest of all involved parties.

      To read ADC's FOIA request of February 8, 2006.

      To read ADC's FOIA appeal of March 3, 2005, please see:

      To read ADC's FOIA request of December 14, 2004, please see:



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