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INS memo cites possible detention for those questioned in terror probe

WASHINGTON (CNN) -- A U.S. government memo sent to attorneys general across the country says that some of the 5,000 men wanted for voluntary questioning may be held without bond if an immigration violation is suspected.

The memo from the Immigration and Naturalization Service -- a copy of which was obtained by CNN -- notes that the men, mostly from Middle Eastern and predominately Muslim countries, are not suspects in the September 11 terrorist attacks, but it also concludes that some of them probably have overstayed their visas.

"Requests either by the FBI of the United States Attorney's Office to detain immigration violators under 'No Bond' should be honored and will be handled in the same manner as all prior cases with a direct nexus to the September 11th investigation," the November 23 memo reads.

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Advocates for the Arab community and some civil libertarians say the memo undermines the Justice Department's efforts to portray the questioning as an innocent endeavor, and they also say the process resembles profiling. The men being sought for questioning entered the country in the past two years and are between the ages of 18 and 33.

"It seems like at the same time we call it voluntary and we call these people not suspects, the line of questions falls within the typical criminal investigation and more of a suspect nature than just voluntary," said Imad Hamad, Midwest regional director with the American-Arab Anti-Discrimination Committee. The INS memo, he added, feeds the belief by some that "this is a form of racial profiling based on age, gender and nationality."

The Justice Department has not highlighted the potential detention that some of these 5,000 men could face, nor mentioned the fact that their immigration status could be an issue.

For example, a letter sent by Jeffrey Collins, the U.S. attorney in Detroit, to men from Middle Eastern and predominately Muslim countries in eastern Michigan, strikes a solicitous note.

"We have no reason to believe that you are, in any way, associated with terrorist activities," the letter read. "Nevertheless, you may know something that could be helpful in our efforts. In fact, it is quite possible that you have information that may seem irrelevant to you but which may help us piece together this puzzle. ... Please contact my office to set up an interview .. We will work with you to accommodate your schedule."

"It's misleading people," said Lucas Guttentag, director of the immigrants' rights project for the American Civil Liberties Union.

Justice Department officials were not immediately available for comment about the INS memo.

Even before the INS memo became public, the American Civil Liberties Union released a document setting forth a list of constitutional rights it said that even non-U.S. citizens are entitled to when they face questioning by law enforcement officials, such as the right to an attorney.

Guttentag predicted the INS memo would prove "counter-productive" to the Justice Department's efforts to gather as much information as possible about terrorism.

"If the government wants information, it should do everything it can to encourage people to come forward by assuring them they will be refer to the immigration service for technical violations that have nothing to do with September 11th," he said. "This is doing the opposite."

In a separate development Thursday, Attorney General John Ashcroft offered possible immigration assistance to encourage international citizens living in the United States or abroad to come forward with information about suspected terrorists.

In exchange for "reliable information" about preventing terrorism, Ashcroft said aliens could receive a visa allowing them to stay and work in the United States, laying the groundwork for eventual U.S. citizenship.

Ashcroft sent a directive Thursday to the FBI, the INS, all United States attorneys and the Justice Department's assistant attorney general for the criminal division, outlining the new initiative.