ADC Sues Over "October Plan"
- 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
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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