The Real Cost of Prisons Weblog

Right now, two New York City girls, both 16, have been detained and accused of plotting to become suicide bombers. If there is a real reason to believe that charge, officials are obviously right to have acted. But so far, they have said little about the evidence against the girls, and the girls' friends and families have offered accounts that suggest the charges could be completely false.

At this point, it's impossible not to worry about a potential miscarriage of justice, given the number of previous incidents in which the government has rushed to make a terrorism arrest that turned out to be baseless.

Details of the cases against the two girls - one from Bangladesh and the other from Guinea, and both in the country illegally - are sketchy. According to reporting by Nina Bernstein in The Times, the parents of the Bangladeshi girl went to the police several weeks ago to file a complaint about their daughter's defying their authority. When the dispute was resolved, they tried to withdraw the complaint, but the police proceeded with an investigation.

The police and federal immigration officials searched her belongings and are reported to have found an essay on suicide. According to the family, the essay says suicide is against Islamic law. But detectives went on to question the girl about her political beliefs before arresting her. Even less is known about the investigation of the girl from Guinea. Teachers and students at the high school she attended expressed outrage at the arrest and at the idea that she could be plotting terrorism.

The government calls the girls an "imminent threat," and says it has "evidence that they plan to be suicide bombers." But it has not described the evidence, insisting that national security requires that much of it remain secret. Because the girls are here illegally, they have been put into a deportation system that affords them far fewer rights than ordinary criminal suspects have. There is no definite limit on how long they can be held.

No one wants to leap to conclusions about a government case in such an important area. But the record is not reassuring. Last year, the government wrongly jailed Brandon Mayfield, a lawyer who is a Muslim, for two weeks after the F.B.I. mistakenly matched his fingerprint to one found at the scene of the Madrid train bombing. After the Sept. 11 attacks, the Justice Department rounded up hundreds of Muslim men who were here illegally and detained them for months, often in deplorable conditions. The department's inspector general later found that the F.B.I. had made "little attempt to distinguish" those with terrorism ties from those without. Shortly after 9/11, federal authorities detained a Nepalese tourist for three months in a tiny cell after he inadvertently included an F.B.I. building in a videotape of the sights of New York for folks at home.

More information about the two girls will no doubt surface over time. If the evidence isn't there, the arrests are very disturbing. The government will have taken 16-year-olds from their families, branded them as would-be terrorists and put them into a frightening legal limbo for no good reason.
Copyright 2005 The New York Times Company

April 9, 2005
Teachers and Classmates Express Outrage at Arrest of Girl, 16, as a Terrorist Threat
By NINA BERNSTEIN

t Heritage High School in East Harlem, where the student idiom is hip-hop and salsa, the 16-year-old Guinean girl stood out, but not just because she wore Islamic dress. She was so well liked that when she ran for student body president, she came in second to one of her best friends - the Christian daughter of the president of the parent-teacher association, Deleen P. Carr.

Now Ms. Carr, a speech pathologist who calls herself "a typical American citizen," is as outraged as the girl's teachers and classmates, who have learned that the girl and another 16-year-old are being called would-be suicide bombers and are being held in an immigration detention center in Pennsylvania.

"They have painted this picture of her as this person that is trying to destroy our way of life, and I know in my heart of hearts that this is bogus," said Ms. Carr, who welcomed the Guinean girl to her house daily and knows her family well. "I feel like, how dare they? She's a minor, and even if she's not a citizen, she has rights as a human being."

According to a government document provided to The New York Times by a federal official earlier this week, the Federal Bureau of Investigation has asserted that both girls are "an imminent threat to the security of the United States based on evidence that they plan to be suicide bombers." No evidence was cited, and federal officials will not comment on the case.

Its mysteries deepened as teachers and neighbors gave details of the Guinean girl's life, like the jeans she wore under her Muslim garb, her lively classroom curiosity about topics like Judaism and art and her after-school care for four younger siblings while her parents, illegal immigrants who have lived in the United States since 1990, eked out a living.

"I just can't fathom this," said her art teacher, Kimberly Lane, who has repeatedly called the youth detention center but like Ms. Carr was not allowed to speak to the girl, who has no lawyer. Among the unanswered questions they raised was why, if she was really a suspect, no F.B.I. agent had shown up to search her school locker or question her classmates, who sent her letters of support.

"This is a girl who's been in this country since she was 2 years old," Ms. Lane said. "She's just a regular teenager - like, two weeks ago her biggest worry was whether she'd done her homework or studied for a science test."

Until now, attention has focused on the other 16-year-old, a Bangladeshi girl reared in Queens who could not deal with the hurly-burly of her West Side high school and withdrew into home schooling. Yesterday, on a motion of the government, an immigration judge closed the Bangladeshi girl's bond hearing to the public and adjourned it to next Thursday, said Troy Mattes, a lawyer who is taking over the case but has yet to meet her.

By the Bangladeshi girl's account, reported by her mother, the girls did not meet until March 24, after their separate arrests in early-morning raids on immigration charges against their parents. Both grew up in Islamic families. But while the Bangladeshi girl had grown increasingly pious, and uncomfortable in the urban culture of the High School of Environmental Studies on West 56th Street, the Guinean girl, a 10th grader, embraced every aspect of Heritage High, at 106th Street and Lexington Avenue, her teachers said.

"She is, yes, an orthodox Muslim, but completely integrated into this school," said Jessica Siegel, her English teacher in a class in which topics like teenage pregnancy and world politics were discussed. Ms. Siegel was profiled in the book "Small Victories," by Samuel G. Freedman, as an unsentimental, but fiercely committed teacher who provoked and delighted her students.

"She's a wonderful, wonderful girl," Ms. Siegel said. "She's about the last person anyone could imagine being a suicide bomber."

The English teacher's most vivid recollection was of a day two months ago when she heard a kind of roar in the hallway of the school, which is full of colorful student collages and life-size sculptures in papier-mâché. The teenager had stopped wearing her veil, and she beamed as her fellow students, seeing her face for the first time, cheered.

After the class read "Night," the Holocaust memoir by Elie Wiesel, the girl wrote a paper about genocide in the Sudan, she recalled. But she was so excited about a field trip to see Christo's "Gates" in Central Park, Ms. Siegel said, that she skipped an appointment at immigration - a teenage impulse the teacher now worries might have set off problems with federal authorities. Her father is now in immigration jail facing deportation.

At Woodrow Wilson Houses a few blocks from the school, a sticker on the family's apartment door reads, "Allah is our protector." Yesterday no one was home, but across the hall, Christine Anderson, a neighbor, shook her head in disbelief when she learned why she had not seen the girl or her father in recent weeks.

"Why would they take the lady's daughter?" she asked. "They're nice people, and hard-working people. I've been here four years. I know she's not a problem child."

Ms. Lane, the art teacher, said that when Heritage High first learned that immigration agents had picked up the girl, one of her best friends asked if someone from the school might have denounced her as an illegal immigrant. "I remember telling her the government doesn't go after 16-year-old girls," Ms. Lane said. "And in the last few days, I'm wrestling with the fact that, yes, it does."
Copyright 2005 The New York Times Company