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40 Crim. L. Bull. 550 (2004)
Misguided Prevention: The War on Terrorism as a War on Immigrant Offenders and Immigration Violators

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Misguided Prevention: The War on Terrorism
as   a  War on Immigrant Offenders and
Immigration Violators


Nora V. Demleitner*

    On September  11, 2001, nineteen foreign nationals hijacked four planes,
killing more than 3,000 people and destroying or damaging two major Amer-
ican landmarks. In the aftermath of this tragedy, the federal government
resolved to prevent further terrorist attacks on United States soil. The focus
on preventive measures  taken in the wake  of 9/11 has been largely on
foreign-originated terrorism, even  though  in the past U.S. nationals,
motivated by domestic concerns, committed high-profile, albeit less destruc-
tive, terrorist attacks.' Because of the focus on foreign terrorism, immigra-
tion law has become  a major  investigatory and enforcement tool on the
frontline in the fight against terrorism.
    The most  highly publicized measure taken against non-citizens in the
United States soon after 9/11 was the round-up of hundreds of men of Middle
Eastern origin.' Following the onset of the war in Afghanistan, the United
States detained alleged foreign fighters and terrorists, whom it designated
enemy  combatants, in Guantanamo  Bay, Cuba and other locations around
the world.' U.S. citizens Yasser Esam Hamdi and Jose Padilla, caught in Af-
ghanistan and Chicago, respectively, were also designated as enemy combat-


   * Professor, Hofstra University School of Law; B.A., Bates College; J.D., Yale
Law  School; LL.M., Georgetown University School of Law. Special thanks for as-
sistance with this Article go to Hofstra's law librarian Patricia Kasting and my
research assistant Sarah Balgley.
   1 The most severe domestic terror attack, committed before 9/11, was the 1995
bombing of the federal building in Oklahoma City. Timothy McVeigh and Terry Ni-
chols, both convicted for the bombing, were influenced by the rhetoric and mindset
of domestic militia groups. See John Kifner & Jo Thomas, Singular Difficulty in
Stopping Terrorism, N.Y. Times, Jan. 18, 1998, at A23; Elizabeth Gleick et al.,
Who  Are They? The Oklahoma Blasts Reveals the Paranoid Life and Times of Ac-
cused Bombers Timothy McVeigh  and His Right-Wing Associates, Time Mag.,
May  5, 1995, at 44. Other acts of domestic terrorism in recent years have included
the killing of abortion providers. See Jim Yardley & David Rohde, Abortion Doctor
in Buffalo Slain; Sniper Attacks Fit Violent Pattern, N.Y. Times, Oct. 25, 1998, at
Al; Dirk Johnson, Abortions, Bibles and Bullets, and the Making of a Militant, N.Y.
Times, Aug. 23, 1993, at Al. The arrest of William Krar in the summer of 2004,
together with the detection of a large arsenal of weapons, indicates that domestic
terrorism still constitutes a live threat. See, Paul Krugman, Noonday in the Shade,
N.Y. Times, June 22, 2004, at Al9.
   2 See, Matthew Purdy, Bush's New Rules to Fight Terrorism From the Legal
Landscape, N.Y. Times, Nov. 25, 2001, at Al.
   I See Rasul v. Bush, 124 S. Ct. 2686 (2004) (holding that Guantanamo detainees
can challenge their detentions in U.S. courts).


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