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23 Immigr. & Nat'lity L. Rev. 545 (2002)
Immigration Enforcement and Subordination: The Consequences of Racial Profiling after September 11

handle is hein.journals/inlr23 and id is 557 raw text is: Immigration Enforcement and Subordination: The Consequences of Racial Profiling After September 11 SAMEER M. ASHAR7 I appreciate the opportunity offered by this Symposium to reflect on the questions raised by immigration enforcement activities undertaken since the September 11 attacks. Like many others in New York and else- where, the shock of the collapse of the World Trade Center towers caused me to lose sensation in some part of myself. The spate of hate crime at- tacks targeting Arabs, South Asians, and Muslims across America in the wake of the attacks' and the subsequent bombings of Afghanistan and the Palestinian territories deepened my despair. In addition to the initiation of hostilities overseas, the government has undertaken a wide range of en- forcement activities against immigrants in the United States. Through my representation, with a colleague, of an individual being detained by the Immigration and Naturalization Service (INS) in New Jersey, I have come to understand the harms and dangers of immigration enforcement in the aftermath of September I I2 Acting Assistant Proftssor of Clinical Law, New York University School ofLaw. Thanks to the editors of the Connecticut Law Review and to my colleagues at NYU: Ranjana Natarejan, Michael Wishnic, Nancy Morawetz, and the students in the Immigrant Rights CliniQ I am greatly indebted to Ragini Shah, Muneer Abmad, and Scott Cummings for their support of my work. I See Bias Incidents Against Muslims Are Soaring Islamic Council Says, N.Y. TIMES, May I, 2002. at A3; ASIAN AM. LEGAL DEF. AND ED. FuNo, WoRLD TRADE CENmR AND PENTAGON AITACKS: THE Atrn-AsA AMERICAN BACKLASH (October 2001) (AALDEF Report), available at http:l/www.aaldef.orginagesl 101 Ollistpd, S. Asian Am. Leaders of Tomorrow, American Backlash: Terrorists Bring War Home in More Ways Than One (Sept 2001). 2 United States immigration enforcement and detention policies under Presidents Clinton and Bush were subject to incisive criticism well before September II. See, e.g., Kevin Johnson, The Care Against Racial Profiling in Immigration Enforcement, 78 WASt. U. LQ. 675 (2000) (finding that United States immigration enforcement disproportionately focused on Latinos); Amy Langenfeld, Living in Limbo: Mandatory Detention of immigrants under the Illegal Immigration Reform and Re- sponslbility Act of 1996,31 Ansz. ST. LJ. 1041 (Fall 1999) (discussing immigrants detained by the INS indefinitely due to new immigration provisions); Nancy Morawet., Understanding the Impact of the 1996 Deportation Law and the Limited Scope of Proposed Reforms, 113 HARV. L. REV. 1936 (2000) (finding that 1996 provisions inconsistent with core immigration policies and threaten integrity of families); Demetrios G. Papademetriou. We Need a Fresh Start on Immigration, L.A. TIMES. SepL 4, 2001, at B13 (deaths of migrants at the U.S.-Mexico border illustration of ineffective immigration

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