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58 N.Y.U. Ann. Surv. Am. L. 295 (2001-2003)
Race, Civil Rights, and Immigration Law after September 11, 2001: The Targeting of Arabs and Muslims

handle is hein.journals/annam58 and id is 315 raw text is: RACE, CIVIL RIGHTS, AND IMMIGRATION LAW AFTER SEPTEMBER 11, 2001: THE TARGETING OF ARABS AND MUSLIMS SUSAN M. AKRAM* & KEVIN PR JOHNSON** INTRODUCTION Although only time will tell, September 11, 2001, promises to be a watershed in the history of the United States. After the tragic events of that day, including the hijacking of four commercial air- liners for use as weapons of mass destruction, America went to war on many fronts, including but not limited to military action in Afghanistan. 1 As needed and expected, heightened security measures and an intense criminal investigation followed. Almost immediately after the tragedy, Arabs and Muslims, as well as those appearing to be Arab or Muslim, were subject to crude forms of racial profiling.2 Airlines removed Arab and Muslim passengers, including, in one * Associate Clinical Professor, Boston University School of Law and Supervising Attorney, Boston University Civil Litigation Program; A.B., University of Michigan; J.D., Georgetown University; Diplome in Human Rights, Institut International des Droits de l'Homme, Strasbourg; Fulbright Scholar in Palestine, 1999-2000. Professor Akram served as lead counsel on the Board of Immigration Appeals appeal and co-counsel in the federal court litigation of the secret evidence case of Anwar Haddam, discussed infra text accompanying notes 177-82, and is a member of a national network of attorneys representing noncitizens in secret evidence cases. ** Associate Dean for Academic Affairs, University of California at Davis, Professor of Law and Chicana/o Studies; Director, Chicana/o Studies Program (2000-01); A.B., University of California, Berkeley; J.D., Harvard University. Thanks to Matthew Garvey of the NYU Annual Survey of American Law for organizing this symposium, as well as Michael Wishnie and Nancy Morawetz for their important roles. Bill Hing, Michael Wishnie, Leti Volpp, and Peter Margulies offered helpful comments on a draft of this paper. Carrie Rosenbaum (UC Davis, 2002) provided excellent research assistance. 1. Congress afforded broad powers to the President to use military force against the perpetrators of the violence of September 11. See Pub. L. No. 107-40, 115 Stat. 224 (2001). Congress, however, did not formally declare war, which would have authorized the President to exercise expansive power over alien ene- mies under the Alien Enemy Act of 1798. SeeJ. Gregory Sidak, War, Liberty, and Enemy Aliens, 67 N.Y.U. L. REv. 1402, 1405-06 (1992). 2. See infra text accompanying notes 195-268. 295 Imaged with the Permission of N.Y.U. Annual Survey of American Law

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