Jailed for Justice

By Yu-Yee Wu, AsianWeek. Posted July 13, 2005.

Having spent almost three decades offering legal service to immigrants, Chinese American immigration attorney Manlin Chee is now getting used to serving time instead.

Chee had been a nationally recognized lawyer for her work with immigrants, some of it pro bono, and much of it for Muslims, but things soured for her soon after she appeared on a panel discussing the PATRIOT Act in March 2003.

The public forum at the main library in Greensboro, North Carolina was televised and attracted a large audience. Chee argued passionately that the PATRIOT Act violated the Bill of Rights and threatened the civil rights of immigrants and U.S. citizens.

"I'll never forget when Manlin joked that she had good news and bad news for the audience," recalls Tim Hopkins, an attendee. "She said that the bad news is that those people taking pictures of the audience are from the FBI. The good news is that they are coming after the panelists first. It was prophetic."

Indeed, within weeks the FBI began investigating Chee, says her attorney Locke Clifford. Clifford says the FBI had no record of complaints against her. But the agency began combing through thousands of Chee's case files. They even went back to her own citizenship application. The agents interviewed her clients and employees for over a year, until they indicted Chee for immigration fraud on June 26, 2004.

It was a dramatic fall for the successful attorney who once had offices in three cities and thousands of clients. The American Bar Association awarded Chee its public service award in 1991, which was presented to her by U.S. Supreme Court Justice Sandra Day O'Connor. She also received the 1990 William L. Thorp Pro Bono Award by the North Carolina Bar Association. The Triad Business News called her "one of the foremost immigration attorneys in North Carolina if not the country."

Many think that it was her political views that caused Chee's troubles.

"She was outspoken about the impact of the PATRIOT Act on the Muslim community and American citizens," says Badi Ali, President of the Islamic Center of the Triad and Muslims for a Better North Carolina. Chee also demonstrated her support of the Muslim community by wearing Muslim garb on Fridays, says Chee's youngest daughter, Leia Forgay. Forgay says it was symbolic. "She was letting people know that she will stand with them figuratively and literally."

However, fellow Greensboro immigration attorney, Gerry Chapman, questions whether Chee was targeted for her views. "There are attorneys in North Carolina who have spoken out against the PATRIOT Act and against targeting of Muslims, and the vast majority of them have not been investigated and indicted." He adds that he thinks Chee overextended herself. "Manlin's got a good heart, but she was trying to do too much for too many people."

Attorney Anita Earls, director of Advocacy of the University of North Carolina Center for Civil Rights in Chapel Hill, points out that "other immigration attorneys have engaged in worse practices -- and they were not investigated." She believes Chee was "singled out because of a combination of the clients she served and the fact that she was outspoken in her opposition to the war."

The FBI's strongest evidence came from two sting operations, the first one within weeks after Chee had participated in the PATRIOT Act forum, says Clifford. The informants posed as needy Muslims. One informant wanted to pretend he was gay so he could seek asylum, and the other informant wanted a sham marriage to get his green card. Chee was indicted for filing papers on behalf of both.

According to Forgay, the informants wouldn't stop asking for Chee's help: "My mom told them that there's nothing I can do, but they kept coming back to her and she couldn't say no. She always tries to help -- she went ahead and submitted the papers to try. She would feel worse if she didn't try."

Chee's former client and good friend, Melinda Macasero agrees. "Manlin had a hard time when she first came to the U.S., so she knows how hard it can be," Macasero says. "If you're an immigrant and you're a client of hers, she would go the extra mile to help."

Says Clifford, "Manlin never said no to anybody and the FBI probably said to themselves that if we run someone in there with a sad story, Manlin will probably take the bait."

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