Submission to
The United States Commission on Civil Rights

Testimony of Dr. James J. Zogby
OCTOBER 12, 2001

WITH AN APPENDIX
SELECTED HATE-BASED INCIDENTS
SEPTEMBER 11 - OCTOBER 10, 2001

A Report of the Arab American Institute Foundation ©

 


In the immediate aftermath of the terrorist attacks on the World Trade Center and the Pentagon (even before it became clear that the perpetrators were from Arab countries), Arab Americans found themselves the targets of incidents of hate and bias. It was something that we had come to expect. For a number of decades now, Arab Americans have experienced similar "backlashes".

During the Iranian hostage crisis, for example, despite the fact that Iranians are not Arabs, Arab Americans were targeted. The same was true in the days following the terrorist bombing in Oklahoma City and the tragic explosion of TWA flight 800.

Part of the reason why Arab Americans have come to be scapegoated in times of crisis is because for many decades, my community has been defined by negative stereotypes propagated by the popular culture. Arab Americans are not known as the complex and diverse community that we are.

Compounding this is the fact that, in recent years, these destructive stereotypes have been fed by the outrageous and condemnable acts of terror committed against the United States by some extremist groups with roots in Arab countries.

The result of this confluence of preexisting negative stereotypes with actual terrorist acts has created, with each of these crises, a dangerous situation where, in the minds of some, blame was generalized and collective guilt was assigned to the entire Arab American community.

In just three days after the Oklahoma City bombing, for example, more than 200 serious hate crimes where committed against Arab Americans and American Muslims. The same was true in the days following September 11.

I have attached to this statement a selection of such instances of hate crimes and acts of bias that were reported to my organization and the American-Arab Anti-Discrimination Committee (ADC) during the period of September 11 to October 10, 2001. The list is not complete, but represents a state-by-state selection, organized by type.

Let me review, for a moment, the types of cases we are reporting.

First, there have been assaults. Among them, there have been seven deaths which may be the result of hate crimes. We also list about 90 other physical assaults, either shooting, beatings, or stabbings that have been reported to us. Next we list over 85 incidents of vandalism to property. Special targets for vandalism include mosques and Arab-owned businesses that have Arab signage out front. Threats and harassment are next. These include death threats or personal threats. Although we list a large number of these types of incidents, I believe that the numbers must be much higher. While direct assaults and acts of vandalism are reported to law enforcement, most victim communities hesitate to report threats. They all too frequently accept this form of hate crime as expected behavior and are afraid to create more problems by reporting the offense and offenders.

We also have had a few job-related acts of discrimination, though not as many as I might have feared. So far, six cases have been reported to us where people have been fired and been told the specific reason for their dismissal was that their fellow employees didn't want "an Arab in the workplace." This is an area of concern that bears watching, since there are signs that it may grow in the future.

Another area of discrimination that is very troubling is the matter of airplane profiling. We've had 11 specific instances reported to us involving over 20 passengers where people have either been taken off a plane or not allowed to board a plane because of their ethnicity. Since there is no provision, in law, for a cooperating passenger who has passed security screening to be removed from a flight because "the pilot won't fly with someone named Mohammed", or "because other passengers are nervous to fly with you on board" (these were actual reasons given), we feel that there is a very dangerous form of vigilantism at work here. It must be stopped. We have raised this matter with the Secretary of Transportation and have pressed the Department of Transportation to issue a clear policy statement to the airlines.

The key to understanding the gravity of this entire situation for Arab Americans is that no segment of my community has been exempt.

An Arab American Congressman was excluded from a flight. Arab American churches as well as mosques were attacked. And, in many instances, bigots struck out at anyone whom they suspected was Arab, victimizing Sikhs, South Asians and Hispanics.

My own family, for example, has been dramatically impacted. The morning after September 11, I received a harrowing death threat at my office. The caller left this message: "Jim, you towelhead, all Arabs must die. We will slit your throats and kill your children." My daughter, a college student, received two threatening phone calls. My nephew, also a college student, was affected. My brother, John, received two bomb threats at his office.

The problem was widespread. A poll of Arab Americans we conducted from October 6 to October 8, 2001, showed that while 32% of Arab Americans reported having been subjected to some form of ethnic-based discrimination during their lifetimes, 20% reported having experienced an instance of ethnic-based discrimination since September 11. Most affected were the vulnerable parts of my community. Of special concern, for example, is the fact that 45% of students and 37% of Arab Americans of the Muslim faith report being targeted by discrimination since September 11.

Let me note here that however serious this period has been, I dread to think how much worse it might have been had our nation's leadership not acted as quickly and proactively as they did.

The President took the lead in cautioning against this backlash and was joined by the Secretary of State, the Attorney General, and the Director of the FBI. Their repeated statements, I believe, helped to stem the tide of the wave of backlash.

Also worthy of note were the actions of the U.S. Senate and House of Representatives who passed resolutions decrying hate crimes against Arab Americans and American Muslims. Individual Senators and members of Congress also took immediate action to shine a light on this problem.

Equally impressive was the effort by the Ad Council which worked with us to produce radio public service ads and newspaper ads that focused on warning against anti-Arab and anti-Muslim hate and bias (see the attached Ad Council ad).

The constant repetition of this positive message on TV and radio and in print media has helped restrain the hands of the bigots. The hate has not gone away, but the hate crimes have been greatly reduced. Now we must begin the long and difficult task of addressing the negative stereotypes. And in this area we have also been blessed by the support of several national organizations and parts of the Administration. The Community Relations Service of the Department of Justice has assisted us in reaching school districts that have asked for materials on Arab Americans, Arab culture, and Islam. The Department of Education and school boards across the U.S. have also been helpful, as have the nation's unions representing America's teachers.

While noting the role of the Department of Justice, I must single out, for special commendation, the Civil Rights Division and the Assistant Attorney General for Civil Rights, Ralph Boyd. He has brought us together, early on and frequently, to discuss both the problem of backlash and our concern with various law enforcement agencies. Mr. Boyd has also made himself available to us in several important outreach efforts to the Arab American community.

Finally, I want to mention the support we received from the FBI. From the Director on down, the FBI has responded to each and every complaint of hate we have brought to them. They have met with our community's leadership in Washington and in several centers across the US.

While we still have some concerns with some reports we have received of overzealous investigative techniques used by some FBI agents, we have had the opportunity to raise each of these concerns with officials from the Bureau.

At the same time, we are gratified that the FBI has aggressively pursued our reports of hate crimes. At the time of this testimony, they have opened 130 investigations and actually brought 3 federal indictments against perpetrators. I understand that they have already identified the individual who made the death threat against my family.

I would like to close with a few recommendations. The first deals with the problem of reporting hate crimes. Immigrants, especially those from some Arab countries, have a fear of law enforcement. For example, if the FBI is investigating hate crimes, recent immigrant Arabs may fear reporting a hate incident because they are concerned that it may compromise their stay in the US. This fear is compounded by the fact that the past history of the FBI's relationship with our community has not always been the kind that encourages people to go to them and report a problem. I therefore believe that there is a need for not just an improved system for hate crime reporting but also for a mediating presence between victim communities and law enforcement so that victims can have more confidence in reporting problems.

Since this Civil Rights Commission is receiving reports of hate crimes, I recommend that you seek a role in suggesting how those hate crimes actually then become investigated. I have noted that while the FBI Director and the community relations side of the FBI have been very responsive, there still is a fear. And many people remain afraid to report hate crimes.

There have been recommendations that the U.S. Attorney's offices be involved, or that the Civil Rights Division at the Justice Department be involved, or that the FBI set up a special Hate Crimes Unit that is only involved in hate crime investigations. These are only some suggestions, but I do urge you to look into this matter and help us address this concern.

Secondly, the USCCR has 51 advisory panels in all of the states and the District. It would be useful for the local panels to convene hearings on hate crimes such as this one and actually visit affected communities or highlight good practices that are occurring across the United States.

Thirdly, there is concern with the large numbers of detentions that have occurred in this investigation. It appears the FBI cast a net that was too wide. They've acknowledged that to us. The problem with this roundup is that it's contributed to fear and a lack of reporting of hate crimes, which is why I want to mention it right now.

I don't want to see the FBI-and I don't think anyone wants to see this-doing the INS cleanup job, which is what seems to have been the case. We now know some news agencies are actually trying to investigate those hundreds of reported detentions to find out exactly who the detainees are and on what basis they are being held. In some cases, the reports that have come to us indicate that family members can't find the person who's been detained or lawyers can't find their client. We have asked the Attorney General to disaggregate the growing number of those who are reported "arrested or detained", so that we can better understand what is happening.

The more we know about this situation, the better off we will all be. If large numbers of immigrants are being held without charge, we should know this. If, in fact, they have been released, we should know this. The fact is that at present, the number in the aggregate is a mystery and is a cause for concern.

Let me conclude by noting once again that despite this backlash and the problems I have noted related to it, on balance, we have been pleased with the positive message of support we received from the Administration and the response we have received to some of our concerns.

While a small minority of Americans turned against Arab Americans and American Muslims in the aftermath of September 11, the leadership of our country and the majority of our fellow citizens turned to us and offered their support and concern for our rights. It was a most gratifying experience.

All problems have not been solved. The hate has not gone away. But we are confident that as our nation has joined together to condemn and root out the terrorists who killed so many of our citizens, the same resolve exists that we root out and stop bigotry and backlash as well.

Appendix of Selected Hate-based Incidents September 11 - October 10, 2001