DATE=3/12/98
TYPE=BACKGROUND REPORT
NUMBER=5-39234
TITLE=IRAQI DEPORTATIONS
BYLINE=GREG FLAKUS
DATELINE=LOS ANGELES
CONTENT=
VOICED AT: 

INTRO:  IN LOS ANGELES, SIX IRAQIS WHO CLAIM TO HAVE WORKED FOR 
THE U-S CENTRAL INTELLIGENCE AGENCY IN AN EFFORT TO TOPPLE IRAQI 
LEADER SADDAM HUSSEIN ARE FACING DEPORTATION.  AS CORRESPONDENT 
GREG FLAKUS REPORTS FROM LOS ANGELES, INFORMATION ON WHY THEY ARE
BEING DEPORTED IS BEING KEPT SECRET, EVEN FROM THE MEN AND THEIR 
ATTORNEYS.

TEXT:  AN IMMIGRATION JUDGE RULED MONDAY THE SIX IRAQI MEN SHOULD
BE DEPORTED, EVEN THOUGH THEY CLAIM THEY ONCE WORKED FOR THE 
C-I-A, AND THEY WOULD BE EXECUTED IF THEY RETURNED TO THEIR 
HOMELAND.

THE DECISION WAS BASED ON CLASSIFIED DOCUMENTS AND TESTIMONY FROM
F-B-I AGENTS WHICH CONVINCED JUDGE D-D SITGRAVES THE SIX MEN 
REPRESENT A DANGER TO U-S NATIONAL SECURITY.  NO FURTHER 
EXPLANATION WAS PROVIDED IN COURT, AND THE DOCUMENTS AND MUCH OF 
THE TESTIMONY WAS KEPT FROM THE IRAQIS AND THEIR ATTORNEYS.  

SUPREME COURT RULINGS HAVE DECLARED IMMIGRATION COURT PROCEEDINGS
EXEMPT FROM THE USUAL DUE PROCESS OF LAW GUARANTEE THAT GIVES 
DEFENDANTS THE RIGHT TO CONFRONT WITNESSES IN COURT.  BUT NEILS 
FRENZEN, AN ATTORNEY REPRESENTING THE SIX MEN, SAYS AN EXCEPTION 
SHOULD BE MADE IN THIS CASE. 

                      ///  FRENZEN ACT  ///

         FOR THE U-S GOVERNMENT TO BASICALLY TURN THE TABLES ON 
         OUR CLIENTS AND SAY, "WE BROUGHT YOU HERE BUT WE HAVE 
         DECIDED FOR WHATEVER REASON WE DO NOT WANT YOU HERE AND 
         WE ARE GOING TO SEND YOU BACK TO YOUR DEATHS IN IRAQ AND
         WE ARE NOT GOING TO TELL YOU THE REASONS FOR THAT 
         DECISION".  WE BELIEVE THAT VIOLATES THE DUE PROCESS 
         PROTECTIONS OF THE U-S CONSTITUTION, BUT SO FAR, THE 
         JUDGE HAS NOT AGREED WITH THAT.

                         /// END ACT ///

THE JUDGE RELIED ON GUIDANCE FROM THE EXECUTIVE OFFICE FOR 
IMMIGRATION REVIEW IN FALLS CHURCH, VIRGINIA.  SPOKESMAN RICK 
KINNEY SAYS NORMAL DUE PROCESS RIGHTS DO NOT APPLY BECAUSE 
IMMIGRATION COURTS ARE NOT JUDICIAL COURTS.

                       /// KINNEY ACT ///

         THIS IS NOT THE JUDICIAL BRANCH.  THIS IS THE EXECUTIVE 
         BRANCH.  IT IS AN ADMINISTRATIVE PROCEEDING.  IT IS 
         GOVERNED BY DIFFERENT STATUTES AND DIFFERENT 
         REGULATIONS.  THE LAW ALLOWS THE GOVERNMENT TO ESTABLISH
         CONTROLS OVER THE ENTRY OF PEOPLE WHO CAN CREATE 
         POSSIBLE HARM IN THIS COUNTRY.  THAT IS WHAT THE PEOPLE 
         ASKED CONGRESS TO DO AND THEY DID IT.

                         /// END ACT ///

BUT ATTORNEY NEILS FRENZEN SAYS THE LEGAL EXPLANATIONS ARE OF 
LITTLE COMFORT TO HIS CLIENTS, WHO HE SAYS FACE SOMETHING WORSE 
THAN DEATH IF THEY ARE DEPORTED BACK TO IRAQ.

                      ///  FRENZEN ACT  ///

         WE HAVE ACTUALLY HAD SOME DISCUSSIONS ABOUT THIS VERY 
         SITUATION AND IT IS OUR CLIENTS' DESIRE THAT IF THEY ARE
         TO BE DEPORTED TO IRAQ, IT IS THEIR HOPE THAT THEY WILL 
         BE KILLED QUICKLY BECAUSE SADDAM HUSSEIN AND HIS 
         SECURITY FORCES GENERALLY WILL TORTURE PEOPLE BEFORE 
         KILLING THEM.  SO, SEVERAL OF OUR CLIENTS HAVE SAID "I 
         DO NOT FEAR A QUICK DEATH, WHAT I FEAR IS A SLOW DEATH 
         AS THE RESULT OF TORTURE."

                         /// END ACT ///

MR FRENZEN AND HIS PARTNERS ARE WORKING ON AN APPEAL TO THE 
IMMIGRATION COURT DECISION.  MEANWHILE, THE SIX IRAQI MEN REMAIN 
CONFINED IN A LOS ANGELES DETENTION CENTER.   (SIGNED).

NEB/GF/TMD/RAE

12-Mar-98 1:56 PM EST (1856 UTC)
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Source: Voice of America
.