Panel addresses state of civil liberties

A moderated panel discussion on the domestic war on terrorism was held last Thursday in response to the detention of Sundeep Sahni, CSOM '05, by the U.S. Secret Service last July. The Undergraduate Government of Boston College (UGBC) sponsored the event, "Homeland Securities vs. Civil Liberties: A Culture of Fear?"

The forum was moderated by Barry Mills, UGBC director of town hall meetings, featured a brief introduction by Sahni, and included three panelists: BC Law professor Daniel Kanstroom, Mary Jo Harris, consulting attorney for the Boston Police Department, and Carol Rose, executive director of the American Civil Liberties Union (ACLU) of Massachusetts.

One of the main points addressed throughout the discussion was racial profiling, which many believe was a factor in Sahni's incident this past summer.

Sahni opened by saying that "terrorists don't look like terrorists." This point was again brought up when Rose stated that if racial profiling continues and is used as the main basis for suspicion, then terrorists who do not fit the profile will be overlooked.

Kanstroom, a professor of civil liberties law and immigration law, began his speech by saying, "As a member of this community I do feel a sense of solidarity for Sundeep." Kanstroom acknowledged that in the United States, both citizens and non-citizens are granted rights in the Constitution but that in recent years, the stricter policies of immigration law have been applied to foreign residents in non-immigration-related situations.

He also addressed the increased unregulated power of the executive branch in legislating such laws as the Patriot Act, and the increased use of unlawful detention techniques and deportation threats for incidents completely unrelated to immigration violations. To round out his address, Kanstroom included anecdotes of situations throughout history dating back to the late 1800s that parallel Sahni's case.

Harris provided the audience with information on the standard procedure of the Boston Police Department (BPD) in dealing with immigration issues and profiling, but emphasized that she could not speak for the Secret Service and other federal law enforcement bureaus.

"Profiling is bad work, bad police work," and "it simply is ineffective," said Harris, regarding her opinion of the practice of racial profiling.

Furthermore, she said that the BPD does not report to the Immigration and Naturalization Service (INS) and will not turn anyone over to the federal government or INS for immigration violations if they identify themselves to provide tips on a crime or acting as a witness. Harris also stated that members of her department are trained to focus on suspicious activities and not on appearances.

The last speaker of the evening was Rose, who immediately attempted to refute the idea that members of a society become safer when they give up their civil liberties. She added that while that the current threat to the U.S. is real, civil liberties do not affect the degree of the threat.

She also stated that "guilty by association silences entire communities" from speaking up when they may have useful information, for fear of being arrested themselves.

The last part of the discussion was an open-question session to the panel from members of the audience.

The first student to ask a question said that the Secret Service did have probable cause in detaining Sahni because he was taking photographs of their sleeping quarters on campus, whether he knew the Secret Service was there or not. Harris responded first to the question by acknowledging that there was probable cause for inquiry, but not for an arrest.

She added that to her, nine hours of detention constitutes arrest and did not comply with standard procedure. Kanstroom responded by asking a photographer with The Heights, a young Caucasian male with a camera in the front row of the auditorium, to stand up, saying, "This guy's been sitting here all night taking our pictures - I think he's a terrorist," which provoked an uproar of cheering and applause from the audience.

Other student questions focused on the issues of profiling and the Patriot Act. Kanstroom informed the audience that in immigration and deportation cases, profiling cannot be used as a defense. Rose expressed her concern with the Patriot Act by expressing what she thought was its secretive nature, also mentioning other executive orders which are not made open to the public nor approved by Congress.

The Secret Service and the Federal Bureau of Investigation both refused invitations extended to them by the UGBC, said Burnell Holland, UGBC vice president and A&S '05. The ACLU has not been able to communicate with the Secret Service about Sahni's detention.