January 12, 2005
U.S. Representative Charles B. Rangel
163 West 125th Street, Suite 737
New York, New York 10027
Fax: (212) 663-4277
Re: Detention of Helmi Agha
Dear Congressman Rangel:
In July 2003, some members of our organization, Jews Against the Occupation (JATO), had the opportunity to meet and have a productive conversation with your foreign affairs legislative assistant, Emile Milne, in Washington, D.C. More recently, we have attempted to set up a meeting with your home office in the hopes of following up on that meeting in a local setting more conducive to presenting our concerns in greater depth.
As mentioned in previous correspondence, JATO is a group of progressive, secular and religious Jews of all ages and backgrounds who live throughout metropolitan New York City and advocate for peace through justice for both Palestinians and Israelis. We continue to contact your office because many members of JATO reside in your district (including those listed below) and believe that you share cherished values with them, such as concern for the basic human rights of all persons regardless of race, sex, creed, sexual orientation, religion, or nationality.
In addition to matters raised in our previous letters, we are particularly concerned about, and would like to discuss with you, the continued detention without charge of Helmi Agha, a resident of Williamsville, New York. Mr. Agha, a Palestinian born in Saudi Arabia on whose behalf Congressman Thomas Reynolds has recently spoken out, is a long-time resident of Western New York. He was detained by U.S. Immigration Authorities on November 2, 2004, and, along with Asnar Mahmood--on whose behalf you have taken such an admirable, supportive lead--Mr. Agha is still in federal custody in the Buffalo Federal Detention Facility in Batavia. Neither he nor his family and lawyer have been informed of any reason for his detention. Indeed no indication has been given that any such evidence exists.
As you can well imagine, Mr. Agha's detention has significantly distressed the Agha family. Surely the United States cannot succeed in its attempt to convince the world of democracy's virtues while violating its own cherished principle of habeas corpus, which, as you know, requires that the government produce a prisoner before a court and justify his/her imprisonment. We need not remind you that the right to habeas corpus has a long history and is preserved in Article I, Section 9 of the United States Constitution: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
Because this right is recognized as essential to our system under which the Rule of Law prevails, we join a growing number of citizens’ voices demanding that Mr. Agha, his family, and his lawyer be informed immediately as to why he is being detained and what is needed to secure his release. If no reason can be provided for his detention, we demand further that Mr. Agha be released at once.
In asking to meet with you to discuss Mr. Agha's case, we are requesting no more than a short period in which to elaborate our concerns and those of many of your constituents about this troubling issue. You may reach our voicemail at (212) 539-6683. In any event, we are asking that you contact Mr. William Cleary, Buffalo Field Office Director of the U.S. Bureau of Immigration and Customs Enforcement, 716-551-4741 x2530, to support compliance with the Petition for Habeas Corpus or order Mr. Agha’s immediate release.
We look forward to the possibility of speaking with you and thank you in advance for your time and consideration.
Sincerely,
JATO Elected Officials Committee