U.S. Denies Entry to Teen, Father

The Washington Times ^ | August 30, 2006 | Shaun Waterman

[George Maschke]

A California teenager suspected of attending a terrorist training camp and his father are being denied re-entry to the United States after spending four years in Pakistan unless they submit to interviews and lie-detector tests, their attorney says.

    Julia Mass says the rights of her clients, Muhammad Ismail, a naturalized U.S. citizen born in Pakistan, and his 18-year-old son, Jaber Ismail, to return to the United States are being violated because they are on the "no fly" list.

    Miss Mass said an official at the U.S. Embassy in Islamabad told Jaber Ismail that he and his father would be allowed to return only if he submitted to a lie-detector test. Airlines have refused to sell the Ismails tickets without "clearance" from the embassy.

[George Maschke]

One need not sympathize with the individuals involved here to recognize that no citizen should be denied re-entry to the United States simply for exercising his constitutional right to remain silent. Our government's action in this regard is an unconstitutional power grab with broad implications for our freedoms. If the government has a case against these men, it should bring charges.

The requirement that these citizens take a polygraph test before being permitted to return to the U.S. is especially outrageous. Polygraph "testing" has no scientific basis, and as used by law enforcement agencies in criminal investigations, often serves as little more than a pretext for interrogating a suspect in the absence of legal counsel.

Moreover, be aware that polygraph "tests" are easily passed through the use of simple countermeasures that polygraph examiners have no demonstrated ability to detect. Al Qaeda and affiliated jihadists know this. See "The Myth of the Lie Detector" from an Iraqi jihadist electronic magazine and the section on lie detection from Al Qaeda's Encyclopedia of Jihad. The FBI's reliance on such pseudoscience as polygraphy for national security purposes reflects great irresponsibility and incompetence.

[tomnbeverly]

Thats why they make sodium pentathal. Bottom line we are either at war or we are not. In 1943 If your Nazi son had attended a 4 year hiatus in Germany at say Auschwitz training camp should he have been granted access to the U.S. Thats why we won that war. They already used the excuse "Failed to imagine the Threat" What can our government possibly say the next time?

[MarkL]

I'd be interested in hearing more details on the case... Are they actually being "denied entry" into the US, or is it that the airlines refuse to sell them tickets until they get embassy clearance, and the embassy won't give them clearance until they do what the embassy wants?

Meaning, what if they decide to take a ship? Would the US still stop them from entering the US?

Mark

[dman4384]

Its not exactly clear. In fact the information is conflicting.

It appears however, that they are not being denied entry into the US PER SE, but rather denied entry onto an aircraft.

No airline will let them fly, unless the embassy gives them the thumbs. The embassy won't do that unless they believe their story. If these Islamics won't cooperate with the embassy, thats their prerogative....but that doesnt compel the airlines to turn a blind eye.

Assuming the above is true, Im ok with this.

Airlines are not required to allow folks to fly, and disallowing suspicious characters like these two is a good idea.

Embassys are not required to state an opinion (to a private company) on the character of an individual.

As it is, these two very suspicious people, imo Americans in name only, have a choice. They can find another way back to the US that does not involve flying, or they can comply with the airlines wishes.

We still have cruise ships and you can actually book passage on freighters.

Now Im as big a critic of TSA as they come, but profiling extremely suspicious people is a good idea.

[PAR35]

If they can't buy a plane ticket, they should take a ship. Freighters used to take on a few passengers. I expect they still do.

[Beckwith]

A California teenager suspected of attending a terrorist training camp should be denied entry into the country.

End of story!

[Syberyenta]

I agree. It's a start.

[I_Like_Spam]

It doesn't seem as if these individuals are being denied entry into the US at all. They are merely being forbidden to fly here on the privately owned airliners owned by private businesses.

Considering their history, I wouldn't let them on my vehicle, I wouldn't pick them up if they were hitchhiking either.

Maybe they can find another way.

[Roy Tucker]

These are the uncle and cousin of Hamid Hayat, convicted terrorist. They have just spent 4 years in Pakistan where the 18 year old son now fits the profile of all of the terrorists who have committed acts of terrorism on US soil or interests. Damn right they should be interrogated. I know lots of Pakistani Americans who travel back and forth to Pakistan without difficulties because they are not under suspicion.

If the polygraph is as unreliable as you say, then if Jaber has been properly trained, he should be able to duck it easily so why is he resisting?

Now, if you do not believe we are engaged in a long and costly war against Islamic terrorism and that recent events in the UK demonstrates that the greatest terrorist threat may be homegrown, then I suppose you will see this as a great usurpation of our civil liberties. I see it as protecting American lives in a time of war.

[pamlet]

It's really a two edged sword isn't it?

While they may be American citizens - they're also suspected of being aligned with a group that have vowed to destroy America. That's called TREASON... I think it's perfectly alright to require some questioning to return..

[Hong Kong Expat]

You know, there was this foregin student who was living in the hotel across the street from the WTC. He was evacuated with everybody else on 9/11. A security guard found a high-tech radio/walkie talkie in his room.

The FBI gave him a polygraph test, denied him access to a lawyer, under intense interrogation he admitted to owning the radio - changing his story several different times about how he came into possession of the radio.

The FBI charged him with lying, threw him in solitary confinement for a month. He was released when the security guard said he made the whole thing up.

[AHerald]

Why does the viability of polygraph tests matter at all if the critical issue, as you see it, is the threat against the constitutional right of a citizen to remain silent? Are you saying that it'd be permissable to violate that constitutional right if polygraphs were more reliable?

Aaron

[George Maschke]

Why does the viability of polygraph tests matter at all if the critical issue, as you see it, is the threat against the constitutional right of a citizen to remain silent? Are you saying that it'd be permissable to violate that constitutional right if polygraphs were more reliable?

No, I'm saying that both are wrong. I think that the key problem here is clearly our government's unconstitutional power grab. Its reliance on voodoo science for national security is of secondary importance, but it is nonetheless important.

For more on how misplaced governmental reliance on polygraphy has harmed our national security (as well as how to fool the polygraph), see The Lie Behind the Lie Detector (1mb PDF).

[flynmudd]

We will be destroyed from within using our own laws and freedoms against US. Sad day for all Americans. What in heaven's name were these people doing in Pakistan for the last four years and why do they want to come "home" now? If they have known ties to terrorists why should we let them back into this country just to have to watch them 24/7. The ACLU strikes again.

[prion]

There is no constitutional right to air travel. Though if we could firm up that "terrorist training camp" business, I wouldn't mind flying them as far as Guantanamo. I'd even pay for it.

[WorkerbeeCitizen]

"Are you saying that it'd be permissable to violate that constitutional right if polygraphs were more reliable? "

I think that once they became suspects, they lose some of their right. As citizens, they still have the right to counsel.If they wish to be citizens AND live in the States, they have the right to comply with the Stat Dept.

[George Maschke]

There is no constitutional right to air travel. Though if we could firm up that "terrorist training camp" business, I wouldn't mind flying them as far as Guantanamo. I'd even pay for it.

But there is a 5th Amendment right to remain silent. The FBI is unconstitutionally coercing U.S. citizens to waive that right as a condition of re-entering our country.

[I_Like_Spam]

But there is a 5th Amendment right to remain silent. The FBI is unconstitutionally coercing U.S. citizens to waive that right as a condition of re-entering our country

---

But they aren't being denied entry into the US at all. The FBI is just giving the heads up to the airlines about these suspicious characters, and the airlines are just banning them from their private property. A very prudent move on the part of the airlines, who could be held liable depending on what could happen.

[loboinok]

"unconstitutionally coercing U.S. citizens"

"Naturalized" U.S. citizens.

[browardchad]

If the government has a case against these men, it should bring charges.

You're right: lie detector tests are worthless.

It's time to start stripping those who attend terrorist camps, or who facilitate others to attend those camps, or who openly advocate violent jihad, of their naturalized status.