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From the Chicago Tribune

Homeland Security, FBI must reveal whether detained travelers are on watch list, court order says

After years of being detained and interrogated for hours by federal agents each time he returned from a trip abroad, Chicago entrepreneur Akif Rahman could finally know whether his name is on a government watch list for suspected terrorists, his attorneys said Wednesday.

If it is, the reason is still classified information that may or may not also be released, said Adam Schwartz, an attorney with the American Civil Liberties Union in Illinois who represents Rahman and nine other plaintiffs in a 2005 lawsuit alleging several instances of unreasonable confinement.

In a 25-page ruling made public last week that could affect how the government deals with all suspected terrorists, a federal magistrate judge ordered the Department of Homeland Security and the Federal Bureau of Investigation to turn over records showing whether those plaintiffs are on the government's radar.

Federal attorneys had argued that doing so would reveal "state secrets" that could jeopardize national security.

Judge Sidney Schenkier disagreed, further ordering that he be allowed to privately review more government records showing why Rahman and the others have been interrogated. Some of that information could contain sensitive details about government procedures that may have to be withheld, Schenkier acknowledged.

The government had previously admitted to Rahman that the incidents—some lasting as long as six hours—were the result of mistaken identity, according to the federal complaint, which asserted that Rahman's name in parts of the world is "as universally common as John Smith."

For Rahman, the owner of a Chicago software company born in the U.S. to Indian immigrants, the problems began in spring 2004, when he was detained for two hours at the Los Angeles International Airport, according to the complaint.

"To date, defendants have not offered evidence to unequivocally show that the plaintiffs' border stops were based on some factor other than the overclassification and/or misidentification that plaintiffs allege," Schenkier wrote in his opinion.

aolivo@tribune.com

Related topic galleries: Lawyers, Federal Bureau of Investigation, Defense, John Smith, Trials, National Security

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