Wednesday, February 22, 2023

Federal agents approaching immigrants, noncitizens, foreign students

NBC
Federal law enforcement agents accused of coercing individuals.


Federal agents are looking more closely at the AANHPI communities and unjustly targeting individuals and coerce them to become informants, according to the Asian Law Caucus.

Agents from the FBI, Department of Homeland Security and the State Department are approaching AANHPI residents and citizens, often on the basis of their race, immigration status or religion, states an ALC press release.

Targeting by federal agents takes different forms, says the ALC. For some community members, federal agents may show up at their homes. For others, agents from the FBI or other agencies may regularly visit their work, school, or place of worship, or cold-call them, seeking what is called a “voluntary interview.” 

Particular vulnerble to these questionable tactics are those members of refugee communities, particularly those whose families fled South Asia and Southeast Asia at as the US military ended operations in those countries, including those from Afghanistan, Laos, Cambodia and Vietnam. While those targeted are not compelled to comply with such requests, they can often feel that they have to comply simply because the request is coming from a federal agent.

In many cases, FBI agents coerce people to become the agency’s informants by implying that they could create issues in their immigration or visa status, place them on watch lists, and even separate people from their families if the potential FBI recruit does not comply, claim the civil rights attorneys.

Amid this rise in unwarranted federal surveillance and targeting, the ALC team has been providing free legal representation to many individuals and families. 
As part of the work of the Asian Law Caucus helping community members protect their civil rights, the legal advocates' National Security and Civil Rights program represents San Francisco Bay Area residents.

In just the past year, for example, the ALC supported Afghan families who were approached by federal agents near their homes seeking information to use as leverage, as well as small business owners, university students, and Bay Area residents who are also U.S. citizens. The team is currently representing an Afghan American and US citizen who has been repeatedly approached by FBI agents and has been asked about his wife, who is an Afghan national, on a number of occasions.

Chinese and other Asian students, professors, and researchers have also been frequently approached under suspicion of having ties with the Chinese government and/or engaging in technological espionage. These accusations are typically baseless and often motivated by racially biased assumptions.

The Trump-inspired China Initiative, which focused on Chinese researchers and professors suspected of spying for China proved so ineffective, rarely achieving a guilty plea, was ended in 2021.

In one case, a PhD student at Stanford studying physics was visited at their home by two DHS Homeland Security Investigations (HSI) agents. When first approached, the student was asked about their research, any “military applications” to the projects they were working on, and the extent of their contact with scientific institutions and researchers in China. The student consulted ALC attorneys, who communicated directly with the HSI agents and effectively ended their inquiry into the student’s life. Since then, the student has not been contacted by agents.

The ALC, part of the Asian Americans Advancing Justice community consortium, issued information (below) for anyone who believe they are being unfairly targeted by federal agents.



EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.

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