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CAUT Bulletin Archives
1996-2016

November 2002

Collateral Damage in the War on Terrorism

E Ann McDougall
It would seem the United States can now unilaterally refuse recognition of Canadian citizenship. Or at least that was what Mohamed Hassan Mohamed, a Sudanese-born Canadian citizen currently completing his PhD at the University of Alberta, was told on Sept. 16 as he was detained at the Fort Erie border crossing.

Mohamed had been teaching African history courses at the State University of New York at Fredonia for a year, working under a NAFTA visa. For several months he had been commuting from St. Catharines, Ontario where his wife and baby live. On Sept. 15, he was prevented from returning to Fredonia where he was to teach the next day and detained for nine hours by U.S. immigration officials.

His request that the Canadian consulate in Buffalo be notified was refused, and he was told that he was "in legal limbo"- he had no rights, and was denied permission to make a phone call. Access to a fellow traveller's cell phone resulted in a call to a colleague who began the process of trying to find out exactly what was happening to Mohamed. The colleague was told there was no Mohamed being detained. Both legally and practically, Mohamed had been made to disappear.

In the meantime, Mohamed was informed that under a new program, the National Security Entry-Exit Registration System, that took effect on Sept. 11, 2002, he had to sign a declaration that he was a Sudanese national. Registration procedures would require being photographed and fingerprinted on arrival to and departing from the U.S. and undergoing a detailed interview at an Immigration and Naturalization Service office if he remained in the U.S. for more than 30 days.

Under the new system, he would be required to report on all activities while in the U.S., on all those people he had been in contact with and the nature of his business with them. He would also be required, once he was no longer recognized as a Canadian citizen, to apply for a different work visa, a process which could take up to one year. At any time, he could be deported to Sudan, despite his Canadian citizenship.

Mohamed repeatedly refused to register and was in turn denied entry to the U.S. At 1:30 a.m. he was taken by taxi back across the bridge and unceremoniously dumped.

For the next two weeks Mohamed continued to refuse to relinquish his citizenship at the border, and refused to become both subject and party to surveillance. He continued to be denied entry. Within a week, he was threatened with disciplinary action by his university for refusing to comply with the law, and given an ultimatum: return to work by Sept. 30 or termination proceedings would be initiated.

During his ordeal, Mohamed was being supported and advised by both the local and state levels of the United University Professions, the union which represents academic and professional faculty on the 29 state-operated SUNY campuses. There was also a very vocal discussion on the SUNY Fredonia listserv that while reflecting a rather frightening range of local opinion also indicated much outrage among colleagues.

CAUT was contacted by the Association of Academic Staff of the University of Alberta which expressed its concern about the treatment of the U of A student. CAUT worked with UUP to defend Mohamed and resolve the situation. Attempts were made to get intervention from Canada's Department of Foreign Affairs and International Trade, the NDP critic for immigration, and Liberal MP for Edmonton West, Anne McLellan's office, but to no avail.

On Sept. 30, Mohamed arrived at the U.S. border, with a lawyer, prepared to register. He felt he had no choice, as he was not in a position to lose the only income he had to support his family. He was interrogated and fingerprinted. Then, after a lengthy wait, he was suddenly told he could enter as a Canadian, under his NAFTA visa. The two-week nightmare was over. But no one, including his lawyer, had any idea why. And no one can guarantee it won't happen again.

This is an important story. Mohamed remains in a precarious position. No one can undo the damage already done, both to his career and personally. But he wants it told because of the implications it has for all of us. Under current U.S. 'law' human rights and national sovereignty are being trampled.

Any of us travelling as we so often do to the U.S. for conferences is subject to this kind of treatment. Under the NSEERS program, non-immigrants who are nationals or citizens of Iran, Iraq, Libya, Sudan and Syria must register, which would allow the kind of treatment Mohamed received. Additional countries named include Pakistan, Saudi Arabia and Yemen. Special registration could also be activated by "unexplained visits" to Afghanistan, Egypt, Somalia, Pakistan, Indonesia and Malaysia.

The list will continue to expand as 'terrorists' are found worldwide. A place like Morocco cannot be far from inclusion. Confirmation of this was received by Mohamed when he sought to make use of a clause in the NSEERS regulations covering "exemptions." He was told the U.S. was in the process of expanding the countries covered by the law and the powers exercised under it, not granting exemptions.

CAUT is currently seeking discussion with the Foreign Affairs Department in an attempt to understand just what is and is not permitted under international law, and to understand what this means for Canadian academics working in regions of the world that are being targeted.

Given the likelihood of yet more evidence of U.S. determination to move unilaterally in this 'war against terrorism,' namely a war against Iraq, this story is not likely to receive the national attention it deserves. But as academics, we cannot afford to overlook this kind of abuse on our own borders, to our own students and colleagues.

E Ann McDougall is a professor of history in the department of history and classics at the University of Alberta. A version of this essay was also published online by the Canadian Association of African Studies."For those of us who engage with these kinds of abuses in Africa itself, there is a challenge even closer to home with which to reckon," says Ann McDougall.

The views expressed are those of the author and not necessarily those of CAUT.