Reading Room Document

Whether the Immigration and Naturalization Service Is Obligated by the First Amendment to Give Amnesty International Access to Haitian Nationals Held in Detention Pending Deportation Proceedings

This document is a memorandum discussing whether the Immigration and Naturalization Service (INS) is obligated by the First Amendment to provide Amnesty International with the names of Haitian nationals held in detention or to allow the organization to interview them for potential legal representation. The conclusion reached is that INS is not obliged to do either, as Amnesty International's rights are co-extensive with those of the public. The document presents questions about the extent of Amnesty International's First Amendment rights to solicit detainees and the INS's duty to protect the privacy of the detainees from in-person solicitation. It also raises the issue of whether a list of names of Haitian detainees would be withholdable under the Freedom of Information Act.

April 3, 1979