Living in a Constitution-Free Zone

February 11th, 2013

Published on ZNet (first on TomDispatch), by Todd Miller, February 08, 2013.

Before September 11, 2001, more than half the border crossings between the United States and Canada were left unguarded at night, with only rubber cones separating the two countries. Since then, that 4,000 mile “point of pride,” as Toronto’s Globe and Mail once dubbed it, has increasingly been replaced by a U.S. homeland security lockdown, although it’s possible that, like Egyptian-American Abdallah Matthews, you haven’t noticed.  

The first time he experiences this newly hardened U.S.-Canada border, it takes him by surprise. It’s a freezing late December day and Matthews, a lawyer (who asked me to change his name), is on the passenger side of a car as he and three friends cross the Blue Water Bridge from Sarnia, Ontario, to the old industrial town of Port Huron, Michigan. They are returning from the Reviving the Islamic Spirit conference in Toronto, chatting and happy to be almost home when the car pulls up to the booth, where a blue-uniformed U.S. Customs and Border Protection (CBP) agent stands. The 60,000-strong CBP is the border enforcement arm of the Department of Homeland Security and includes both customs and U.S. Border Patrol agents. What is about to happen is the furthest thing from Matthews’s mind. He’s from Port Huron and has crossed this border “a million times before.”

After scanning their passports and looking at a computer screen in the booth, the agent says to the driver, as Matthews tells the story:

“Sir, turn off the vehicle, hand me the key, and step out of the car.”

He hears the snap of handcuffs going around his friend’s wrists. Disoriented, he turns around and sees uniformed men kneeling behind their car, firearms drawn.

“To my disbelief, situated behind us are agents, pointing their guns.”

The CBP officer asks Matthews and the remaining passengers to get out of the car and escorts them to a waiting room. Thirty minutes later, he, too, is handcuffed and in a cell. Forty-five minutes after that another homeland security agent brings him into a room with no chairs. The agent tells him that he can sit down, but all he sees is a countertop. “Can I just stand?” he asks.

And he does so for what seems like an eternity with the door wide open, attempting to smile at the agents who pass by. “I’m trying to be nice,” is how he put it.

Finally, in a third room, the interrogation begins. Although they question Matthews about his religious beliefs and various Islamic issues, the two agents are “nice.” They ask him: Where’d you go? What kind of law do you practice? He tells them that a former law professor was presenting a paper at the annual conference, whose purpose is to revive “Islamic traditions of education, tolerance, and introspection.” They ask if he’s received military training abroad. This, he tells me, “stood out as one of their more bizarre questions.” When the CBP lets him and his friends go, he still thinks it was a mistake.

However, Lena Masri of the Council of American Islamic Relations-Michigan (CAIR-MI) reports that Matthews’s experience is becoming “chillingly” commonplace for Michigan’s Arab and Muslim community at border crossings. In 2012, CAIR-MI was receiving five to seven complaints about similar stops per week. The detainees are all Arab, all male, all questioned at length. They are asked about religion, if they spend time at the mosque, and who their Imam is.

According to CAIR-MI accounts, CBP agents repeatedly handcuff these border-crossers, often brandish weapons, conduct invasive, often sexually humiliating body searches, and detain people for from two to 12 hours. Because of this, some of the detainees have lost job opportunities or jobs, or given up on educational opportunities in Canada. Many are now afraid to cross the border to see their families who live in Canada. (CAIR-MI has filed a lawsuit against the CBP and other governmental agencies.)

Months later, thinking there is no way this can happen again, Matthews travels to Canada and crosses the border, this time alone, on the Blue Water Bridge to Port Huron. Matthews still hadn’t grasped the seismic changes in Washington’s attitude toward our northern border since 9/11. Port Huron, his small hometown, where a protest group, Students for a Democratic Society, first famously declared themselves against racism and alienation in 1962, is now part of the “frontline” in defense of the “homeland.” As a result, Matthews finds himself a casualty of a new war, one that its architects and proponents see as a permanent bulwark not only against non-citizens generally, but also people like Matthews from “undesirable” ethno-religious groups or communities in the United States.

While a militarized enforcement regime has long existed in the U.S-Mexico borderlands, its far more intense post-9/11 version is also proving geographically expansive. Now, the entire U.S. perimeter has become part of a Fortress USA mentality and a lockdown reality. Unlike on our southern border, there is still no wall to our north on what was once dubbed the “longest undefended border in the world.” But don’t let that fool you. The U.S.-Canadian border is increasingly a national security hotspot watched over by drones, surveillance towers, and agents of the Department of Homeland Security.

The Canadian Threat: … //

… A Constitution-Free Zone: … //

… Too Close to Home:

The next time Abdallah Matthews crosses the international border, a familiar face asks him the normal questions: Where did you go in Canada? What was the purpose of your trip? Matthews is already in the same CBP waiting area, has already been handcuffed, and can’t believe it’s happening again.

The CBP agent suddenly stops. “Do you remember me?”

Matthews peers at him, and finally says, “Yes, I played soccer with you.” They haven’t seen each other since high school. They briefly reminisce, two men who grew up together along the St. Clair River before all those expensive surveillance towers with infrared cameras and radar went up. Although Matthews and the CBP agent were once friendly, although they lived in the same small town, there is now a boundary between them. Matthews struggles against this divide. He pleads: “You know who I am. I grew up here. I’ve been over this border a million times.”

This is, of course, only one of thousands of related stories happening along U.S. borders, north and south, in a universe in which, as anthropologist Josiah Heyman puts it, there are increasingly only two kinds of people: “the watchers and the watched.”  And keep in mind that, with only “32 miles” under operational control, this is just the beginning. The U.S. border enforcement apparatus is only starting its migration north.

Matthews’s former high-school acquaintance guides him to the now-familiar room with the counter where three interrogators are waiting for him. They tell him to spread his legs. Then they order him to take off his shoes. It’s hard to take them off, however, when your hands are cuffed behind your back. The two interrogators in front are already shouting questions at him. (“What were you doing in Canada?”) The one behind him kicks his shoes. Hard. Then, after Matthews finally manages to get them off, the agent searches under his waistband.

When they are done, Matthews asks the agents what they would do if he were to circle around, reenter Canada, and cross the border again. The agents assure him that they would have to do the same exact thing — handcuff, detain, and interrogate him as if his previous times had never happened.
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