ACLU calls INS interview policy prior restraint

By The Associated Press

05.28.02

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LAS VEGAS — The American Civil Liberties Union is challenging a requirement that journalists interviewing federal inmates in Las Vegas share with authorities any allegations against the Immigration and Naturalization Service.

Allen Lichtenstein, an attorney for the Las Vegas-based ACLU of Nevada, called the policy blatantly unconstitutional and said it represented prior restraint of publication.

"The public has a right to information from journalists, who don't have to check in with the federal government," he said.

The Las Vegas INS office requires reporters seeking to interview INS detainees to sign a release agreeing to notify the agency of any allegations by inmates, "so (the agency) may have the opportunity to respond prior to publication."

Karen Dorman, agent-in-charge of the Las Vegas INS office, said the policy follows direction from the agency's headquarters in Washington, D.C.

The policy has been in place at least since 1999, she said, adding that she had never heard a complaint about it.

Gary Peck, ACLU of Nevada executive director, said the he and Lichtenstein began investigating after a broadcast journalist brought the policy to their attention.

If the policy isn't changed, Lichtenstein said, the organization will sue to stop it.