Once mocked as a symptom of severe paranoia, the past 10 years have shown us the reality that is the use of informants, from the federal level to local law enforcement. The Post‐9/11 era has seen the government increase its use of infiltration, surveillance and criminal prosecution as part of its counter-terrorism efforts especially in Muslim communities. This is an issue to which our community can no longer turn a blind eye.

Informants can either be private citizens who cooperate with a government agency or police informants who work as undercover agents for the government, many times these roles can overlap as well. Informants have been used as a means of surveilling individuals “of interest” along with entire communities and organizations, supplying information to a government agency without consent. However, in recent years, they have increasingly either been a means of supplementing an ongoing federal and/or local investigation/surveillance effort or as a tool for entrapping targeted individuals – attempting to instigate them to engage in a crime and then informing the government of the illegal activity.

From the case of the Newburg Four to the most recent admittance by a local NY Muslim student of being a government informant, we learn that police/government agencies recruit individuals from within the targeted communities for better access to people and information. Not only that, but those who become targets of government entrapment tend to be individuals of low income, questionable mental status, with an extensive criminal background and/or pending immigration issues incentivized to engage in illegal activity as a means of alleviating their problems.

In light of this, it is important to remember that informants, the same as all police officers, are allowed to lie. Informants are also not required to identify themselves as such, similar to undercover officers and can attend any gathering (religious or otherwise) open to the public without need for a search warrant and may carry concealed recording equipment to record conversations to be used in later criminal investigations and/or prosecutions.

Based on previous examples and cases where informant participation has come to light, informants generally tend to espouse “extremist” views and openly advocate the use of violence against the U.S., tend to be extremely generous, especially in matters of offering financial help and support. These individuals tend to be aggressive in their approach and work as a divisive force within a group/community and are consistent in their efforts to have individuals (especially youth with criminal records) join them.

You and your community can tackle a potential situation by making it clear to a suspected informant that such violent and aggressive speech is not tolerated and/or by taking steps to avoid the individual. You may also, in conjunction with local leadership, contact a local trusted attorney/organization and discuss further actions. It is very important to remember that involving the police could entail devastating unintended consequences if the person is not an informant – so be careful and thoughtful when considering such a step.

Please keep in mind that if you are approached to be an informant, your first step should be to contact an attorney in order to gain a better sense of your rights and options. The government is under no obligation to follow through on any promises they may make to incentivize your collaboration. Lastly, remember that if you do choose to collaborate with law enforcement, you always retain the right to change your mind at any time.

Even though vigilance and awareness of the possible presence of confidential informants in our communities is extremely important, remember that suspicion can cause greater problems in a community. It is important to deal with these issues very carefully, remembering that creating division is often an intended effect of infiltration.

For further information on how to protect yourself when speaking, engaging in political activity and in charity or other financial activity, please refer to our previous bulletins addressing these issues and/or contact us directly.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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