Immigration officer: Saudi student failed to disclose connection to Islamic group in visa application

<br>BOISE, Idaho (AP) _ A visa application by a Saudi graduate student failed to disclose his connection to an Islamic group the government claims has terrorist ties, a federal immigration officer said.

Friday, April 16th 2004, 12:00 am

By: News On 6

BOISE, Idaho (AP) _ A visa application by a Saudi graduate student failed to disclose his connection to an Islamic group the government claims has terrorist ties, a federal immigration officer said.

Bruce Gawtry testified Thursday in the trial of Sami Omar Al-Hussayen, who is accused of setting up and running Web sites that supported the Palestinian militant group Hamas and organizations that advocate attacks on the United States.

Gawtry said Al-Hussayen might not have been allowed to return to the University of Idaho in 2002 if he had disclosed his ties to the Michigan-based Islamic Assembly of North America on his student visa application.

Gawtry was the last major prosecution witness in the first week of the trial of the doctoral student in computer science. Testimony was to resume Monday. The trial is expected to last six weeks.

Prosecutors allege Al-Hussayen was funneling money to the assembly. He also is charged with visa fraud and making false statements trying to cover up his connection with the group.

The defense team contends Al-Hussayen, 34, who has continued to pursue his doctorate from his cell since being arrested 14 months ago, used his computer skills only to help advance Islam and did not encourage or aid terrorists.

The defense also said Al-Hussayen _ considered a leader of the Muslim community on campus _ was volunteering his time to the assembly, which is permitted under his student visa.

Gawtry contended that volunteering for an organization that had paid employees was questionable under a student visa because it fostered the displacement of American workers.

But under cross-examination, Gawtry admitted there were no regulatory or written policies prohibiting volunteerism on grounds that it could displace American workers.

Defense attorney David Nevin has said Al-Hussayen was not trying to hide his relationship with the organization because he filed a public declaration that he was an official of the organization.

In May 2001, Al-Hussayen registered with the Idaho Secretary of State's office as the official representative of the Islamic Assembly in the state.

But in visa application documents filed in January 2002 and again less than four months later, Al-Hussayen made no reference to the Islamic Assembly.

Al-Hussayen will be deported regardless of how the trial turns out. If convicted he faces 15 years in prison on each of the terrorism charges, 25 years on each of seven visa fraud charges and five years each on the four false statement charges.

His wife and three children returned to Riyadh in January rather than fight federal attempts to deport them.