Secret Arrests

In the first few days after the September 11 attacks, some 75 individuals were detained on immigration violations. At the same time as the administration sought increased authority from the Congress to detain foreign individuals on the grounds of national security with no judicial oversight, it picked up hundreds more individuals. The Attorney General announced that 480 individuals had been detained as of September 28; 10 days later another 135 had been picked up; and in one single week during October, some 150 individuals were arrested. As of November 5, the Justice Department announced that 1,147 people had been detained. The Attorney General asserted that the Justice Department was following the "framework of the law" and that detainees' rights were being respected. However, with no information released about the arrests, it was impossible to independently verify that claim.

CNSS, along with forty other organizations filed a Freedom of Information Act (FOIA) request that demanded the Justice Department, the FBI, and the INS release the names of and charges against those that have been detained in connection with the September 11 attacks.

Click on the links below for more information on secret arrests

CNSS vs. DOJ, Freedom of Information Act Lawsuit filed December 6, 2001

Information released by the government on individuals that have been arrested or detained in connection with the investigation of the September 11 attacks

Freedom of Information Act Request as sent to

Follow up letter to the FOIA reflecting additional support, November 2, 2001.

List of organizations signed onto the FOIA

Responses to our request

Letter from group of Senators and Representatives to Attorney General Ashcroft requesting information on detainees, October 31, 2001.

Letter from Senator Leahy to Attorney General Ashcroft, November 7, 2001.

Letter from Assistant Attorney General Daniel J. Bryant to Senator Russell Feingold with examples of enclosures, November 16, 2001.

Statement of Attorney General Ashcroft, November 27, 2001

Testimony of Kate Martin before the Senate Judiciary Committee, November 28, 2001

Testimony from Senate Judiciary Committee Hearing on Detainees, December 4, 2001

Panel I:

  • Viet D. Dinh Assistant Attorney General, Office of Legal Policy U.S. Department of Justice

Panel II:

  • Ali Al-Maqtari, New Haven, CT
  • Michael J. Boyle, Esq., Law Offices of Michael J. Boyle North Haven, CT
  • Steven Emerson, The Investigative Project Washington, DC
  • Gerald H. Goldstein, Esq., Goldstein, Goldstein & Hilley San Antonio, TX
  • Nadine Strossen President, American Civil Liberties Union, Professor, New York Law School New York, NY
  • Victoria Toensing, Esq., DiGenova & Toensing Washington, DC

Testimony of Kate Martin before the House Committee on the Judiciary Forum on National Security and the Constitution, January 24, 2002

Statement of James X. Dempsey before the House Committee on the Judiciary Forum on National Security and the Constitution, January 24, 2002 (Mr. Dempsey is the Deputy Director of the Center for Democracy and Technology)

On June 2, 2003, the DOJ's Office of Inspector General released a report investigating the post 9/11 detainee situation.

The nature of the report's content caused the release to be delayed for many months. Concerned that it would continued to be delayed, in May 2003, Senators Feingold, Leahy, Kennedy, Durbin, Levin and Corzine and Representative Conyers sent a letter to the Attorney General and the Inspector General urging them to release the report immediately.

Following the release of the report, the advocacy community sent a letter to the House Committee on the Judiciary before Attorney General Ashcroft was going to testify at a hearing and urged them to demand he release the names of the 9/11 detainees.

Other Memos and Letters

Articles on Secret Arrests