Southside Pride

At the end of the Second World War, Martin Niemoeller, a pastor who witnessed the systematic suppression of dissident groups under the Nazi regime, made a famous observation about social responsibility in the face of government persecution. "First they came for the Communists, but I was not a Communist, so I did not speak out. Then they came for the Socialists and the trade unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew, so I did not speak out. And when they came for me, there was no one left to speak out…"

Are they finally coming for Omar?

The question hung ominously in the stuffy air of the Coyle Center gymnasium in the Cedar-Riverside neighborhood. The crowd seated in the circle around mid-court feared the answer. They stood and cheered as their leader strode to the area around the free throw line. He looked for a moment like he always had: the slightly built, defiant figure stepping boldly into the spotlight. But something was different this time. He was wearing a monitoring tracking device on his right leg and a heavy burden on his shoulders. Omar Jamal was not about to go down without a fight. But he would need a little help from his friends.

What was originally billed as an early April press conference had turned into a rally of support, as some 200 Somalians, peace activists and community observers, turned out to honor the outspoken and beleaguered executive director of the Somali Justice Advocacy Center in St. Paul.

Jamal is considered to be the leading Somali advocate in the U.S. He has traveled the country speaking out and fighting for legal and civil rights for immigrants, rattling many cages along the way. But now he might be facing his biggest challenge—one with enormous personal and political implications.

Monday morning, March 31, the 30-year-old activist was at home with his family when he received a phone call from the Immigration and Naturalization Service asking him to come to their Minneapolis office. Thinking this quite unusual, Jamal called Peter Erlinder, a local law professor, attorney and nearby neighbor. Erlinder, speaking to the Coyle Center crowd, recalled what happened next. “I went back to Omar’s house with him. When we left to get into our car to go to the INS, we were surrounded by squad cars. The officers handcuffed Omar and took him away.” After being jailed for three days, Jamal was released on bail with money raised by his supporters.

Jamal was subsequently charged with violating criminal and civil immigration laws—not that day or that month—but five years ago when he first came to the United States. Authorities allege that he used a fabricated identity and history on his immigration application—specifically that he answered “no” to several questions on the asylum application forms when he should have said ‘yes.” Those questions include whether he had lived in another country between the time he left Somalia and arrived in America and whether he had filed for refugee status in another country. For that alleged error, Jamal was charged with six felony counts. If convicted he could face 30 years in prison and/or deportation back to Somalia.

Making things even more difficult, Jamal’s case will be tried in two separate venues. On April 23, he will make a court appearance in his former home, Memphis, Tenn. Later he will also be tried in the Twin Cities. Erlinder, a member of Jamal’s defense team, is attempting to get the entire trial moved here so Omar can be near family and friends.

Erlinder was stunned by the charges against his client. “In all of my 20 years of practice, I have never seen anything like this,” he said. “Nobody goes to jail for making a mistake on an asylum application. When I asked why after all this time, they had come after Jamal, they said it was because some Somalis had recently brought it to their attention. In fact, we found files that show that the government began targeting Jamal right after 9/11.” In late March, the Somali Justice Advocacy Center announced that it would help distribute The Muslim Community Safety Kit, produced by the National Council on American-Islam Relations—a nine-page list of tips on how to deal with anti-Muslim sentiment and hate crimes they feared might occur as a result of the Iraqi war. Jamal had announced he would hold meetings across Minnesota to distribute the kits. Several weeks earlier, Jamal had completed a nationwide tour against hate. Erlinder is convinced that Jamal’s arrest is the result of a witch-hunt. He is confident that, once the facts come out, Jamal will be freed. Jamal indicated he plans to plead not guilty and that he ultimately will prevail. But he told his supporters “this is going to be a very long journey. It will not end overnight.”

The case against Jamal has possible ramifications far beyond his own personal struggle. Erlinder told supporters at the Coyle Center rally “This case isn’t just the persecution of Omar Jamal. This is the persecution of the Somali community. What’s at stake (here) is not individual law, but the integrity of the criminal justice system. This is part of a 200-year history of slavery and civil liberties that’s gone on in this country. Our power and aggression has been misused.”

Jamal’s supporters believe he is being targeted by the government because of his advocacy work—that his case is a direct result of The Homeland Security and USA Patriot Acts that have focused on immigrants. They have set up a defense fund to raise money for court costs. A newly-formed Omar Jamal Support Coalition has begun holding strategy meetings.

In a letter sent to supporters titled “Then They Came for Omar,” the Coalition alleges that “The Bush administration has launched a precedent-setting attack on not just the Somali community’s most strident defender of human and civil rights, but, arguably, all of Minnesota’s: Omar Jamal. By arresting Omar Jamal, the Department of Homeland Security is testing its new powers. It is seeing whether the people will stand firm and push back, or whether they will shrink into pockets of silent and fear-stricken ‘security.’ If we do not speak out, if we do not step up, we will not only fail a brave and suddenly isolated advocate for the rights and dignities of us all, we will fail ourselves. They will not stop with Jamal.”

There will be a fund-raiser for Jamal’s legal defense sponsored by the Omar Jamal Support Coalition Fri., April 18, at 7:30 p.m. at Mayday Books, 301 Cedar Avenue on the West Bank moderated by Dwight Scarborough of the St. Paul Bill of Rights Defense Committee. Several videos dealing with constitutional and Bill of Rights issues will be shown. For info call: 651-766-9483 or 651-283-0961. Suggested donations: $5 to $20 or whatever you can afford.