Palestinians Decry Deportation Case

Two Palestinians facing deportation because of alleged ties to terrorism argued Monday in Los Angeles that the government’s case is legally flawed and should be dismissed.

The two are among the so-called L.A. 8, Palestinian activists who began their fight against deportation more than 13 years ago in a case that has attracted international attention.

The eight have denied terrorist activity and portray themselves as victims of overzealous U.S. officials. Authorities deny any wrongdoing and cite the eight’s ties to a Middle Eastern group allegedly linked to terrorist acts.

Prosecutors have never filed criminal charges against the eight. All were freed a few weeks after their arrest in January 1987 and live in the Los Angeles area.

The two-hour hearing before U.S. Immigration Judge Bruce J. Einhorn comes more than a year after a major legal blow to the Palestinians’ case. The U.S. Supreme Court last year rejected a constitutional claim of selective prosecution based on the activists’ political views.

Marc Van Der Hout, a San Francisco-based defense attorney, argued Monday that U.S. authorities erred in invoking a 1990 anti-terrorism statute against the men. That provision should not have been applied retroactively, Van Der Hout said, since both were already facing deportation under a 1950s law targeting communists at the time the 1990 act took effect.

But the Justice Department attorney, Christopher Fuller, responded that the wording of the 1990 law allowed authorities to use the terrorism argument. To date, Fuller said, this is the only deportation case nationwide brought under the anti-terrorism provision of the 1990 law.

A ruling is expected by Dec. 15.

Several of the L.A. 8 were present during Monday’s hearing in downtown Los Angeles, including Khader Hamide, 46, and Michel Shehadeh, 44, the two whose cases were being heard.

Five others, including Hamide’s Kenyan wife, Julie Mungai, still face possible deportation based on alleged visa violations, said Van Der Hout. The eighth original defendant, Bashar Amer, has been cleared of all charges.