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 “Homeland Security decreed that American citizens do not have the right to enter and exit the country at will.”

The Department of Homeland Security is already working on the Gingrich plan. While the rest of us weren’t watching, DHS decreed that American citizens do not have the right to enter and exit the country at will. Muhammad Israil and his son Jaber were prevented from returning to the U.S. after a trip to Pakistan. They were told they could not do so unless they submitted to FBI questioning first. After press attention and an ACLU complaint, they were allowed home after six months of waiting.

Not to be stopped again by pesky civil libertarians and a nosy press, Homeland Security is proposing that all passengers must be cleared by that agency before traveling into or out of the United States. “A carrier must not board any passenger subject to a ‘not-cleared’ instruction, or any other passenger, or their baggage, unless cleared by CBP.” The proposed rule does not define what information provokes a “not cleared” instruction, provides no means of legal redress and doesn’t exclude American citizens.

Homeland Security didn’t make a public announcement regarding this plan. They stuck it deep inside the Federal Register, hoping not to be noticed. That shifty method has worked very well for big brother. No one knew until recently that this federal agency has been keeping records on international travelers for the last four years.

Since 2002, Homeland Security has attached threat assessments to the names of anyone crossing U.S. borders. The assessments are based on criminal records, any purchases of one way tickets, seating preferences, meal preferences and DMV records. Whatever information the government finds and whatever assessment is made will be kept on file for 40 years.

“Whatever information the government finds and whatever assessment is made will be kept on file for 40 years.”

There was no announcement made about this new policy either, which was given the Orwellian name, Automated Targeting System. It sounds like the name of a bomb dropped on hapless Iraqis or Afghans. Now everyone is hapless and terrorized, even American citizens.

ATS information may be disclosed to the federal or local governments, foreign governments, and some private corporations. The only ones left out of the loop are the subjects of the snooping themselves. The local sheriff, Mossad, MI5, or Halliburton can see a threat assessment, but the subject of the assessment has no right to it at all.

Democratic Senator Patrick Leahy will Chair the Judiciary Committee in the new Congress. He at least had the decency to speak against ATS. "Data banks like this are overdue for oversight," said Leahy. "That is going to change in the new Congress."

It is all to the good if Patrick Leahy really wants to protect the legal rights we have left to us. It is unclear if the rest of his party wants to fight the good fight. “Holy Joe” Lieberman will be Chairman of the Homeland Security committee. The turncoat has publicly stated that he will vote with the Republicans whenever he feels like it. No wonder they ditched their own candidate for Joe’s sake.

If the White House stonewalls too much on spying issues, perhaps Leahy can find out why the FBI thinks that “non-serious offenses” should be included in criminal background checks. Currently only serious misdemeanors and felonies are included. If the FBI gets it way, all offenses will be included in these databases. Information on everything from juvenile offenses to loitering and public urination will now be available to law enforcement, prospective employers, and anyone else who pays for a criminal record check.

“The turncoat ‘Holy Joe’ Lieberman has publicly stated that he will vote with the Republicans whenever he feels like it.”

That rule would make life even worse for black Americans. The old fashioned police state, the one that makes black men eight times as likely to be behind bars as white men, is still operating. Once again America has the dubious distinction of leading the world in the number of its citizens kept behind bars. Seven million people are on parole or incarcerated, three percent of the population.

As usual black America was the canary in the coal mine. The war on drugs was the justification for cramming more and more people of color behind prison walls. Now the war on terror is used to justify endless attacks on the constitution. Newt Gingrich may already have achieved what he wants.

Margaret Kimberley's Freedom Rider column appears weekly in BAR. Ms. Kimberley lives in New York City, and can be reached via e-Mail at Margaret.Kimberley(at)BlackAgandaReport.Com. When sending email, please remember to replace the (at) with @.

Ms. Kimberley' maintains an edifying and frequently updated blog at  freedomrider.blogspot.com.  More of her work is also available at her Black Agenda Report archive page.  

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