Since September 11, 2001, Middle Eastern Americans have been the target of vilification and ostracization by a large part of the American Community as a result of heightened public fear of terrorism. How has this impacted the relation between criminal justice and Arab-Americans

Pham, Richard K. D.

Smith, Raymond Arthur

English

Columbia University Academic Commons

   Pham 1 Richard Pham Professor Raymond Smith Race & Ethnicity in American Politics Issue Brief April 12,2016  Criminal Justice and Arab-Americans  Keywords: Perpetual foreigners, Arab-Americans, Criminal Justice, Middle Eastern Americans, Patriot Act  Description: Since September 11, 2001, Middle Eastern Americans have been the target of vilification and ostracization by a large part of the American Community as a result of heightened public fear of terrorism. How has this impacted the relation between criminal justice and Arab-Americans?  Key points:  Who are Middle Eastern Americans?  What is the Patriot Act?  How have has the relation between Arab-Americans and the Criminal Justice system c hanged?  Is the Patriot Act constitutional?   Brief:   Arab-Americans encompass an ambiguous grouping of people with a variety of different cultures and languages and within a wide region of the world. Historically, they have been counted in the US census under the “white” ethnoracial group. For analytical purposes, the term Arab-American is less obscure as it is based on ethnic aspects such as culture and language instead of encompassing a geographic region. Although Arab-Americans are often thought of as homogenous, they include people originating from the 22 different countries. Furthermore, despite being often associated with Islam, an estimated two-thirds of Arab-Americans are Christian (Henderson & Ortiz). Within the context of the system of practices and institutions within the American criminal justice system, the Arab-   Pham 2 American group is pertinent to this topic as their criminal justice landscape has changed drastically since the September 11 attacks.    The events of September 11, 2001 had a profound impact on the living experiences of Arab-Americans. Many Arab-Americans have reported a heightened sense of public fear and suspicion toward them. This sentiment is intensified by increased media attention and targeted governmental policies such as special registration requirements and voluntary interviews (Henderson & Ortiz). Some researchers have described this as the “de-Americanization” of Arab-Americans, as they are cast as “Perpetual foreigners” deemed more loyal to their country of origin than to America (Audi). As a result, Arab-Americans and Muslims have been the target of vilification and alienation from parts of the larger American community. Specifically, one aspect where the reverberations of these events were felt most was the relation between Arab-Americans and the system of practices and institutions within the American criminal justice system.  One repercussion of the September 11 attacks were the official government policies enacted to combat terrorism. One such act is the USA Patriot act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism). This act provides the legal framework for much of the “war on terrorism”. The Patriot Act has justified many infringements on civil rights as it has spurred Justice initiatives and executive orders that gave the government more investigative powers and changed immigration rules to make them more    Pham 3 restrictive to those coming from Middle Eastern countries (Audi). Arab-Americans have been subject to the phenomenon of racial profiling, or the singling out of “suspects” based on physical features or attire. This has been increasingly true as public fear and suspicion toward Arab-Americans has increased.  The relation between Arab-Americans and the US criminal justice system can be analyzed on two levels: local and federal. At the federal level, many Arab-American communities have a sentiment of suspicion, fear, and frustration. Among other things, this can be attributed to the invasive governmental policies made possible by the Patriot Act. Many Arab-Americans feel that government policies and actions have cultivated a “climate of fear” (Henderson & Ortiz). At the local level however, Arab-American communities expressed a fair amount of goodwill toward local police agencies. They do not blame law-enforcement for the strenuous relation; there is a commonly made distinction between the makers and enforcers of policies. The changes in the criminal justice landscape of Arab-Americans has raised concerned over the constitutionality of government policies such as the Patriot Act. In July 2003, a number of national and local Arab-American community organizations filed a lawsuit in U.S. District Court in Detroit charging that the FBI’s broadened powers violated the First, Fourth, and Fifth Amendments of the Constitution. The issue is part of a larger debate about the balance between National Security and individual rights.     Pham 4            Pham 5                           Pham 6 Works Cited Audi, Ghada Quasi. "Challenges Facing the Arab American Community from a Legal Perspective." American Studies Journal. N.p., 2008. Web. Apr. 2016. "Hate Crimes Against Arab Americans, Muslims, and Sikhs - Confronting the New Faces of Hate." The Leadership Conference on Civil and Human Rights. N.p., n.d. Web. 11 Apr. 2016. Henderson, Nicole J., Christopher W. Ortiz, Naomi F. Sugie, and Joel Miller. LAW ENFORCEMENT & ARAB AMERICAN COMMUNITY RELATIONS AFTER SEPTEMBER 11, 2001 Engagement in a Time of Uncertainty (n.d.): n. pag. Web. "Not Quite White: Race Classification and the Arab American Experience - Arab American Institute." Arab American Institute. N.p., n.d. Web. 11 Apr. 2016. "The Patriot Act: What Is the Proper Balance Between National Security and Individual Rights?" Constitutional Rights Foundation. N.p., n.d. Web. May 2016. Pew Research. N.p., n.d. Web. <http://www.pewresearch.org/2007/05/22/muslim-americans-middle-class-and-mostly- mainstream/>.   

Criminal Justice and Arab-Americans

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Criminal Justice and Arab-Americans

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