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Local ACLU decries Megahed's immigration arrest

News Channel 8 photo by MAURICE CAPOBIANCO

Becky Steele, director of the West Central Florida chapter of the ACLU, says the immigration arrest of Youssef Megahed "appears vindictive" during a press conference at her office. With Steele from left are Youssef's father, Samir; mother, Ahlam; and brother, Yahia.

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: April 20, 2009

Updated: 04/20/2009 06:04 pm

TAMPA - The American Civil Liberties Union of Florida today joined the chorus of activists protesting the immigration arrest of Youssef Megahed three days after a federal jury acquitted him of explosives charges.

The arrest April 6 in a Wal-Mart parking lot "appears vindictive," said Becky Steele, director of the West Central Florida chapter of the ACLU, who convened a news conference in her office.

She and the Florida executive director, Howard Simon, wrote to Homeland Security Secretary Janet Napolitano calling for Megahed's release. They say the arrest has "the appearance of ignoring the jury's verdict and giving the government an unfair opportunity to pursue repeated efforts to deprive an individual of his liberty."

Steele said the government is technically able to pursue the immigration charges because there are different standards of proof in immigration court and criminal court. But although the arrest is legal, that "doesn't make it right."

"Our concern is immigration officials swooped in and arrested Youssef Megahed," Steele said. She said her organization is concerned about "the implications for civil liberties" and the appearance of unfair legal treatment for Muslims.

Megahed, 23, who is from Egypt, is a legal, permanent resident who came to the United States when he was 11. He applied for citizenship less than three weeks before his Aug. 4, 2007, arrest in South Carolina.

Megahed's criminal trial centered on items found in the trunk of the car in which he was riding with his friend Ahmed Mohamed. The prosecution said the "low explosives" could easily be modified to be something dangerous; the defense maintained they were merely toy rocket motors homemade by Mohamed.

Megahed and Mohamed were University of South Florida students at the time of their arrest.

Mohamed is serving 15 years in federal prison after pleading guilty to helping terrorists by posting on YouTube a video in which he shows how to detonate a bomb with a remote-controlled toy.

Megahed was never charged with terrorism.

Gary Meringer, who was the foreman on Megahed's jury, endorsed the ACLU's actions, saying in a telephone interview he thinks it's important that people know what is happening in this case.

"We spent three weeks of our lives listening to this case, and the government says, 'Who cares?'''

Meringer said he doesn't think it matters that the standard of proof is lower in immigration court. As far as he understands it, he said, the immigration case is focusing on the charge that Megahed possessed a destructive device.

Jurors took "two minutes" to decide he wasn't guilty of that charge, Meringer said.

Meringer also was unmoved by the idea that Megahed should be deported because of his association with Mohamed. "I'll be damned if people in this country should be prosecuted or persecuted in this country for the company they keep," he said. "This isn't Saudi Arabia."

Two days before his immigration arrest, Megahed celebrated his jury victory with his family at Fort DeSoto Park.

Joking at what he sees as an absurd situation, Megahed's father, Samir, showed a reporter family photos from the outing, some with his son posing near the fort's historic cannons.

"More evidence for the government," he said.

Samir Megahed joined Steele at the news conference.

"For the last two years, we followed the rules and we respected justice," he said. "At the end of the day, the jurors said their decision and my son is not guilty. …Why they arrest him again?

"We are very sad and we have the depression," he said. "I send this message to President Obama that my son is not guilty. Why the government arrest him again?"

"This is a family that has followed all the rules," Steele said. "And we're asking the government to do the same."

Reporter Elaine Silvestrini can be reached at (813) 259-7837.

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