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	<title>ACLU Blog: Because Freedom Can't Blog Itself: Official Blog of the American Civil Liberties Union &#187; Immigrants&#8217; Rights</title>
	<atom:link href="http://blog.aclu.org/category/immigrants-rights/feed" rel="self" type="application/rss+xml" />
	<link>http://blog.aclu.org</link>
	<description>Because Freedom Can't Blog Itself</description>
	<pubDate>Wed, 27 Aug 2008 20:03:03 +0000</pubDate>
	<generator>http://wordpress.org/?v=2.6</generator>
	<language>en</language>
			<item>
		<title>We&#8217;re at Netroots Nation!</title>
		<link>http://blog.aclu.org/2008/07/18/were-at-netroots-nation/</link>
		<comments>http://blog.aclu.org/2008/07/18/were-at-netroots-nation/#comments</comments>
		<pubDate>Fri, 18 Jul 2008 22:57:33 +0000</pubDate>
		<dc:creator>Suzanne Ito, ACLU</dc:creator>
		
		<category><![CDATA[Civil Liberties News]]></category>

		<category><![CDATA[Immigrants' Rights]]></category>

		<category><![CDATA[Torture &amp; Abuse]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=993</guid>
		<description><![CDATA[Today&#8217;s the second full day of Netroots Nation (formerly known as YearlyKos). So far we&#8217;re having a blast: Last night Howard Dean gave the keynote address (the slogan &#8220;empowered by Howard&#8221; is echoing through my head). Our own Liz Rose from the Washington Legislative Office was on a panel called &#8220;Working from the Inside Out: [...]]]></description>
			<content:encoded><![CDATA[<p>Today&#8217;s the second full day of <a href="http://www.netrootsnation.org">Netroots Nation</a> (formerly known as YearlyKos). So far we&#8217;re having a blast: Last night Howard Dean gave the keynote address (the slogan &#8220;empowered by Howard&#8221; is echoing through my head). Our own Liz Rose from the Washington Legislative Office was on a panel called &#8220;Working from the Inside Out: Success Stories in Netroots Organizing,&#8221; this morning. I attended a panel about using profanity in blogs, which featured a<br />
great, very funny panel with Jesse Taylor and Amanda Marcotte of <a<br />
href="http://www.pandagon.net">Pandagon</a>, <a href="http://rudepundit.blogspot.com/">Rudepundit Lee Papa, <a<br />
href="http://www.eschatonblog.com/">Eschaton&#8217;s Duncan Black</a>, <a<br />
href="http://hullabaloo.com">Hullabaloo&#8217;s Digby</a> and <a<br />
href="http://www.washingtonmonthly.com">Washington Monthly&#8217;s Kevin Drum</a>. </p>
<p>The opinions were varied, but if you&#8217;ve ever read these bloggers&#8217; posts, you know their thoughts on swearing on blogs.</p>
<p>Right now I&#8217;m in a panel about immigration, and they&#8217;re hitting all the big issues: comprehensive federal immigration reform, anti-immigrant ordinances, racial profiling (see our <a href="http://blog.aclu.org/2008/07/16/sweeps-threaten-latinos-and-constitution-in-maricopa-county/">lawsuit against Arizona sheriff Joe Arpaio</a>), immigration detention, day workers, and other issues. Man Eegee at Latino Politico is <a href="http://maneegee.blogspot.com/2008/07/liveblogging-netroots-nation.html">liveblogging this session</a>.</p>
<p>Tomorrow, Jameel Jaffer, Director of the the ACLU&#8217;s National Security Project, will speak at a panel called &#8220;Guant&#225;namo, Habeas Corpus, Torture and Military Contractors: The Roadmap to Accountability in the First 100 Days.&#8221; Jameel will talk about the ACLU&#8217;s national security work, which includes our <a href="http://www.aclu.org/johnadams">John Adams Project</a> and uncovering the abuse and torture of detainees in U.S. custody abroad. If you&#8217;re at Netroots, come check it out!</p>
<p><strong>UPDATE:</strong> Pandagon&#8217;s <a href="http://pandagon.net/index.php/site/comments/watch_the_now_infamous_panel/">got video of the profanity panel</a>.</p>
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		<title>Soldier Fights Citizenship Delays</title>
		<link>http://blog.aclu.org/2008/07/18/soldier-fights-citizenship-delays/</link>
		<comments>http://blog.aclu.org/2008/07/18/soldier-fights-citizenship-delays/#comments</comments>
		<pubDate>Fri, 18 Jul 2008 15:58:54 +0000</pubDate>
		<dc:creator>Julian Polous Al Matchy, U.S. Army Specialist</dc:creator>
		
		<category><![CDATA[Immigrants' Rights]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=986</guid>
		<description><![CDATA[I am a native of Iraq and proud to be a U.S. Army soldier with a Purple Heart. I love the U.S. and that&#8217;s why I want to become a citizen. But my naturalization has been delayed. The U.S. Citizenship and Immigration Services (USCIS) told me that it&#8217;s because, despite my combat service in the [...]]]></description>
			<content:encoded><![CDATA[<p>I am a native of Iraq and proud to be a U.S. Army soldier with a Purple Heart. I love the U.S. and that&#8217;s why I want to become a citizen. But my naturalization has been delayed. The U.S. Citizenship and Immigration Services (USCIS) told me that it&#8217;s because, despite my combat service in the U.S. Army, I haven&#8217;t passed the FBI background check.</p>
<p>When I was serving this country and the U.S. Army in Iraq, a suicide bomber blew up just 10 feet from me and my buddies, and I was seriously wounded. After partially recovering from my injuries, I did another stint in Iraq until December 2007. For my service, I was awarded the Purple Heart, two Army Commendation medals, a Combat Action badge, Gold Combat Spurs and many certificates and letters of appreciation.</p>
<p>In August 2006, having met all the requirements for citizenship, I applied for naturalization. I was interviewed by USCIS on January 18, 2008 and I passed the exam. I know that naturalization is a long process and I have tried to be patient. I&#8217;ve followed all the rules but it&#8217;s a confusing mess and my citizenship has been delayed over 6 months now.</p>
<p>At one point, I was told by a USCIS official that my citizenship would be expedited because of my military status. At another point, I was told it would take longer because of my military status. By yet another official, I was told that the USCIS never does checks on military background before granting citizenship.</p>
<p>With my experience translating in the Army, I will be looking for those kinds of civilian jobs open only to U.S. citizens. That&#8217;s why with the help of the ACLU, I&#8217;m <a href="http://www.aclu.org/immigrants/gen/36019prs20080716.html">suing the government for delaying my citizenship</a>.</p>
<p>My military background is easy to check. I have many commendations and medical record resulting from my injuries. If they found out something about me they didn&#8217;t like, why did they send me to Iraq in the first place?</p>
<p><P><em>Specialist Polous is a permanent lawful resident of the United States, currently stationed in Fort Riley, Kansas. He is a native and citizen of Iraq. He immigrated to the U.S. in May 2001 and quickly applied for political asylum, which was granted in 2002. In 2005, he became a lawful permanent resident of the United States.</em></P></p>
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		<item>
		<title>Don&#8217;t Put the Cuffs On, It&#8217;s Only Ranchera Music</title>
		<link>http://blog.aclu.org/2008/07/17/dont-put-the-cuffs-on-its-only-ranchera-music/</link>
		<comments>http://blog.aclu.org/2008/07/17/dont-put-the-cuffs-on-its-only-ranchera-music/#comments</comments>
		<pubDate>Thu, 17 Jul 2008 17:57:13 +0000</pubDate>
		<dc:creator>Maria Archuleta, ACLU</dc:creator>
		
		<category><![CDATA[Immigrants' Rights]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=977</guid>
		<description><![CDATA[There was some great Phoenix television
 of the ACLU lawsuit against anti-immigrant crusader Sheriff Joe Arpaio for racial profiling of Latinos in his so-called &#8220;crime suppression sweeps.&#8221;  In one clip, Manuel Nieto talks about what it felt like to see his son and daughter - both U.S. citizens - be harassed by police right [...]]]></description>
			<content:encoded><![CDATA[<p>There was some great <a href="http://www.azfamily.com/news/homepagetopstory/stories/Phoenix_local_news_071608_aclu-lawsuit-racial-prof.6059cfb5.html">Phoenix television</a><br />
 of the ACLU <a href="http://www.aclu.org/immigrants/gen/36011prs20080716.html">lawsuit against anti-immigrant crusader Sheriff Joe Arpaio</a> for racial profiling of Latinos in his so-called &#8220;crime suppression sweeps.&#8221;  In one clip, Manuel Nieto talks about what it felt like to see his son and daughter - both U.S. citizens - be harassed by police right in front of the family auto repair shop because they were listening to music in Spanish.</p>
<p>In another video, ACLU of Arizona Executive Director Alessandra Soler-Meetze talks about the illegality of stopping people for no other reason than the color of their skin.</p>
<p>Watchalo.</p>
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		<title>Sweeps Threaten Latinos and Constitution in Maricopa County</title>
		<link>http://blog.aclu.org/2008/07/16/sweeps-threaten-latinos-and-constitution-in-maricopa-county/</link>
		<comments>http://blog.aclu.org/2008/07/16/sweeps-threaten-latinos-and-constitution-in-maricopa-county/#comments</comments>
		<pubDate>Wed, 16 Jul 2008 18:58:41 +0000</pubDate>
		<dc:creator>Mónica M. Ramírez, Staff Attorney, Immigrants' Rights Project</dc:creator>
		
		<category><![CDATA[Immigrants' Rights]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=971</guid>
		<description><![CDATA[On Friday, March 21, 2008, at around 4:30 p.m., I found myself in the middle of one of Maricopa County Sheriff Joe Arpaio&#8217;s immigration sweeps in a Latino neighborhood in Phoenix. I was on my way to Cave Creek-a suburb outside of Phoenix-to meet with two Latino day laborers who are my clients in a [...]]]></description>
			<content:encoded><![CDATA[<p><P>On Friday, March 21, 2008, at around 4:30 p.m., I found myself in the middle of one of Maricopa County Sheriff Joe Arpaio&#8217;s immigration sweeps in a Latino neighborhood in Phoenix. I was on my way to Cave Creek-a suburb outside of Phoenix-to meet with two Latino day laborers who are <a href="http://www.aclu.org/immigrants/discrim/35501prs20080602.html">my clients in a First Amendment lawsuit</a>. Despite being an immigrants&#8217; rights advocate and ACLU attorney, I couldn&#8217;t believe what I saw first-hand that night.<br />
<P>Sheriff Arpaio had set up a circus: Standing in a large commercial parking lot along one of Phoenix&#8217;s main roads, the Sheriff and his deputies announced to the media and the public that they would engage in a neighborhood sweep, stopping and arresting those suspected of violating traffic and safety laws. Behind Sheriff Arpaio were sheriff&#8217;s department trailers, vans and cars - many emblazoned with the words: &#8220;Do Not Enter: Illegal Aliens.&#8221;  Dozens of deputies were preparing to drive around a predominantly Latino neighborhood and pick up whoever they found suspicious.  Helicopters flew overhead.  You could feel the panic in the air.<br />
<P>People from the community concerned about what Sheriff Arpaio was up to began to arrive in the parking lot. A group of anti-immigrant protesters on motorcycles and holding signs began to surround the parking lot as well. I remember at least one shouted &#8220;spics, go home; this is our country,&#8221; while aggressively inching closer and closer to the many Latino community residents and families who opposed the Sheriff&#8217;s sweep.<br />
<P>The deputies began driving into the neighborhood, terrorizing the community until almost 11 p.m. that night. Young Latino men were brought into the parking lot in handcuffs. They looked terrified as they arrived in the back of sheriff&#8217;s vehicles.Stadium lights were everywhere. The media was on-site interviewing deputies and concerned residents.<br />
<P>I felt like I was dreaming and in fact wondered if the men in handcuffs felt like that too.  Were we in a movie?  Why had they been brought to a parking lot instead of the downtown jail?<br />
<P>And they must have wondered why there were so many people present shouting, &#8220;<i>No hables.  Permanece callado.  Tienes derecho a un abogado.</i>&#8221;  I was one of those people shouting that these men remain quiet, and that they assert their rights.  But as I stood there shouting for what seemed like an eternity, I could not help but feel fearful myself. As a first-generation Mexican-American, the daughter of Mexican immigrants and someone who grew up in a Latino neighborhood-much like the one being targeted that night-I thought of how this could happen to my father, my brother-in-law and my cousins, who every single day fear that they will be stopped or questioned because of the color of their skin and their accents.<br />
<P>Today, in an effort to put an end to this culture of fear born from rampant discrimination and racial profiling in Maricopa County, <a href="http://www.aclu.org/immigrants/gen/35986res20080715.html">five Latinos and Somos America, a Latino community-based organization, sued Sheriff Joe Arpaio, the Maricopa County Sheriff&#8217;s Office and Maricopa County</a>.  The lawsuit was filed on their behalf by the national ACLU, the ACLU of Arizona, the Mexican American Legal Defense and Educational Fund (MALDEF) and lead counsel Steptoe &#038; Johnson LLP.<br />
<P>I hope that our plaintiffs find justice.  The fear that pervaded that Friday in that Phoenix neighborhood didn&#8217;t end that night.  It&#8217;s a fear that persists every single day for people who are, or appear to be, Latino or speak Spanish in Maricopa County.  We cannot stand by and let this continue to happen in the United States.</p>
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		<title>Respecting Human Rights&#8230;At Home</title>
		<link>http://blog.aclu.org/2008/06/18/respecting-human-rightsat-home/</link>
		<comments>http://blog.aclu.org/2008/06/18/respecting-human-rightsat-home/#comments</comments>
		<pubDate>Wed, 18 Jun 2008 22:09:15 +0000</pubDate>
		<dc:creator>Frank Knaack, First Amendment Working Group</dc:creator>
		
		<category><![CDATA[Human Rights]]></category>

		<category><![CDATA[Immigrants' Rights]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=873</guid>
		<description><![CDATA[Sixty years ago today the United Nations Commission on Human  Rights, chaired by Eleanor Roosevelt, adopted the draft of what would become  the Universal Declaration of  Human Rights (UDHR). The UDHR has  since become the foundation of the modern human rights system, or in the words  of Eleanor Roosevelt &#8220;the [...]]]></description>
			<content:encoded><![CDATA[<p>Sixty years ago today the United Nations Commission on Human  Rights, chaired by Eleanor Roosevelt, adopted the draft of what would become  the <a href="http://www.unhchr.ch/udhr/lang/eng.htm">Universal Declaration of  Human Rights (UDHR)</a>. The UDHR has  since become the foundation of the modern human rights system, or in the words  of Eleanor Roosevelt &ldquo;the international Magna Carta.&rdquo; </p>
<p>The UDHR sprang from the death and destruction of World War  II and the Holocaust. It sought to  create a new system of rights protection; a system whereby certain rights could  not be violated, regardless of where they occurred. In addition to the duty of states to refrain  from violating the rights of individuals within their territory, this new  system also placed positive obligations on states to provide all persons within  their jurisdiction with certain basic rights, without distinction as to race,  color, sex, language, religion, political or other opinion, national or social  origin, property, birth, or other status. </p>
<p>The UDHR laid the foundation for a system of rights which are universal, indivisible, and interdependent. The  UDHR does not differentiate between civil and political rights on one side and  economic, social, and cultural rights on the other. It realizes that in order  to properly enjoy one set of rights, you must also be able to enjoy the  other. As is often noted, one cannot  properly exercise their right to vote, think, or live if they have no food,  housing, or basic health services. It is  from these principles that the modern human rights treaty system (international  human rights law) was born. </p>
<p>Although the notion of universal rights to be enjoyed by all  persons was a great step forward, the decisions of the U.S. government during the past 60  years have greatly hindered the ability of people to enjoy these rights, both  abroad and at home. Beginning with the  debate during and immediately following World War II over the creation of the  international human rights system, the U.S. pushed for and ultimately  succeeded in creating a non-binding declaration, instead of a binding  covenant. This decision was taken to  pacify the segregationists in the U.S. Congress. A further impediment to the realization of  the UDHR is the view, by the U.S.  government, that the UDHR and international human rights law are unnecessary at  home, and are thus rightly used only as a tool of U.S. foreign policy. </p>
<p>Beyond the historical impediments noted above, the U.S.  government&rsquo;s current policies, from its failure to adequately abide by its human  rights treaty obligations, to its failure to ratify the majority of the U.N.  human rights treaties, including the Convention on the Rights of the Child and  the <a name="OLE_LINK2"></a><a name="OLE_LINK1">Convention  on the Elimination of All Forms of Discrimination against Women</a>, just  to name a few, continue to negatively impact the enjoyment of these basic  rights and protections as well as U.S. standing in the world.</p>
<p>While much of the focus on the human rights record of the U.S.  government is in the context of foreign policy and the so called &ldquo;war on  terror,&rdquo; including the rendition, torture, and indefinite detention of foreign  nationals, and vis-&agrave;-vis its high rhetoric on spreading freedom and democracy  throughout the globe, it is of equal importance to look at the state of human rights  at home. From the government&rsquo;s  inadequate response in the wake of <a href="http://www.aclu.org/brokenpromises">hurricanes  Katrina and Rita</a>; to pervasive discrimination against racial minorities in  the areas of education, housing, and criminal justice, including death penalty;  to imposing life sentences without the possibility of parole on juveniles; to  abhorrent conditions in immigration detention facilities, it is clear that the  U.S. government has failed to abide by its international obligations.</p>
<p>While the struggle for universal human rights is far from  over, there has been great improvement in the fight to bring human rights  home. More and more non-governmental  organizations (NGOs) and individual activists in the U.S. are utilizing the human rights  framework in the domestic advocacy and litigation. At the latest session of the <a href="http://www.aclu.org/cerd">U.N. Committee on the Elimination of Racial  Discrimination</a> (the treaty body that monitors state compliance with the  Convention on the Elimination of All Forms of Racial Discrimination), there  were more than 120 representatives from U.S.-based nongovernmental organizations  (NGOs) in Geneva, Switzerland, who briefed the Committee members and provided  additional information to counter the misrepresentations and omissions of the  official U.S. government report on the state of racial discrimination in the U.S. This information, in turn, led the Committee  to conclude that the U.S.  should make sweeping reforms to policies affecting racial and ethnic  minorities, women, indigenous people, and immigrants. The Committee&rsquo;s  recommendations garnered domestic and international media attention, and were  followed by a three week official visit to the U.S. by the <a href="http://www.aclu.org/intlhumanrights/racialjustice/sronracism.html">U.N.  Special Rapporteur on Racism</a>. This  visit by the Special Rapporteur further opened up opportunities for domestic  NGOs to utilize the international human rights framework, as was evidenced by  the successful public education and media outreach campaigns conducted by local  NGOs throughout the US  during this visit. As this shows, human  rights advocacy has become an effective tool for social justice advocates in  the U.S.  to use to press for change and enhance the protection of basic human rights. </p>
<p>To celebrate the 60th Anniversary of the UDHR,  the ACLU will be engaging in an advocacy campaign to raise awareness of U.S.  obligations and shortcomings under international human rights law. This campaign will culminate with day of  action events throughout the country on December 10, 2008, the day when the  UDHR was adopted by the Member States of the United Nations General  Assembly. As part of this campaign, the  ACLU Human Rights Program put together a short video on the UDHR. The video highlights the importance of the  UDHR to both the international human rights system, as well as to the work of  the ACLU at the local, state, and federal levels and features ACLU lawyers and  advocates as well as internationally renowned human rights leaders. Please visit the homepage of the ACLU UDHR 60th  Anniversary advocacy campaign, <a href="http://www.udhr60.org/">www.udhr60.org</a>,  to view the UDHR Anniversary video, find additional information on the UDHR,  and find out how you can become a part of our campaign to raise awareness of  the UDHR and the international human rights system. We hope that you will join us in this  effort! </p>
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		<title>U.N. Expert Hears Problems With Immigration Detention Medical Care</title>
		<link>http://blog.aclu.org/2008/06/17/un-expert-hears-problems-with-immigration-detention-medical-care/</link>
		<comments>http://blog.aclu.org/2008/06/17/un-expert-hears-problems-with-immigration-detention-medical-care/#comments</comments>
		<pubDate>Tue, 17 Jun 2008 19:46:47 +0000</pubDate>
		<dc:creator>Tom Jawetz, National Prison Project</dc:creator>
		
		<category><![CDATA[Immigrants' Rights]]></category>

		<category><![CDATA[Prisoners' Rights]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=859</guid>
		<description><![CDATA[Yesterday,  the ACLU formally welcomed a  fact-finding mission to the U.S. by Philip Alston, the United Nations Special  Rapporteur on Extrajudicial, Summary or Arbitrary Executions. Early this  morning, my colleague Jody Kent and I had the opportunity to personally welcome  him to our Washington, D.C.,  office with a cup [...]]]></description>
			<content:encoded><![CDATA[<p>Yesterday,  the ACLU formally <a href="http://www.aclu.org/intlhumanrights/gen/35677prs20080616.html">welcomed a  fact-finding mission to the U.S. by Philip Alston, the United Nations Special  Rapporteur on Extrajudicial, Summary or Arbitrary Executions</a>. Early this  morning, my colleague Jody Kent and I had the opportunity to personally welcome  him to our Washington, D.C.,  office with a cup of coffee and some conversation regarding <a href="http://blog.aclu.org/2008/04/29/government-admits-to-culpability-in-detainees-death/">deaths  in U.S. jails, prisons, and immigration detention facilities</a>. </p>
<p>The issue  of deaths in immigration custody has gotten a good deal of press attention  recently, and two weeks ago <a href="http://judiciary.house.gov/oversight.aspx?ID=447">Congress held a hearing</a> on the broader problem of poor medical care in immigration detention and the  lack of transparency and oversight over U.S. Immigration and Customs  Enforcement (ICE), the entity responsible for immigration detention. (You can <a href="http://www.aclu.org/immigrants/gen/35512leg20080604.html">read our  testimony at the hearing</a>.)</p>
<p>We spoke  with Special Rapporteur Alston about the breadth of the problem, and offered  some thoughts about what we believe might be done to address the problem. One important start is the <a href="http://blog.aclu.org/2008/05/02/help-on-the-way-for-immigration-detainees/">Detainee  Basic Medical Care Act of 2008</a>, a bill that has been introduced in the  House of Representatives by Rep. Zoe Lofgren (D-Calif.) (<a href="http://www.govtrack.us/congress/bill.xpd?bill=h110-5950">H.R. 5950</a>) and  in the Senate by Sen. Robert Menendez (D-N.J.) (<a href="http://www.govtrack.us/congress/bill.xpd?bill=s110-3005">S. 3005</a>). The Act would require ICE to create some  important policies that would help to ensure that detainees receive basic  medical services, and that Congress and the Inspectors General of both the  Department of Homeland Security and the Department of Justice have an  opportunity to perform necessary oversight over in-custody deaths. </p>
<p>But while  the Detainee Basic Medical Care Act is an important step in the right  direction, it is certainly not a panacea.  As we explained to Special Rapporteur Alston, the key problem is our  country&rsquo;s overreliance on detention in general, but more specifically with  respect to vulnerable populations such as survivors of torture, asylum-seekers,  and people with severe medical and mental health problems who pose no danger to  society and clearly are not a flight risk.</p>
<p>For these  individuals and others, they are alternatives to secure detention that are more  humane, less punitive, and extremely effective at ensuring attendance at  immigration proceedings. The bean  counters out there will also appreciate how much taxpayer money the federal  government could save by pursuing these superior alternatives.</p>
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		<title>Government Abuses in Immigration Enforcement: Is this the America We Want to Live In?</title>
		<link>http://blog.aclu.org/2008/06/11/government-abuses-in-immigration-enforcement-is-this-the-america-we-want-to-live-in/</link>
		<comments>http://blog.aclu.org/2008/06/11/government-abuses-in-immigration-enforcement-is-this-the-america-we-want-to-live-in/#comments</comments>
		<pubDate>Thu, 12 Jun 2008 01:12:26 +0000</pubDate>
		<dc:creator>Vivek Malhotra, Immigrants' Rights Project</dc:creator>
		
		<category><![CDATA[Immigrants' Rights]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=836</guid>
		<description><![CDATA[
Yesterday at the membership
conference,
the ACLU of
Texas, ACLU
of New Mexico, and ACLU
of Massachusetts kicked off the
morning with a deeply
affecting plenary discussion about the real-life human impact of the
government&#8217;s abuse of core constitutional principles in the
name of
immigration enforcement. ACLU clients, primarily young folks from
Texas and New Mexico border towns, talked about the assumptions made
about them and the [...]]]></description>
			<content:encoded><![CDATA[<p>
Yesterday at the membership<br />
<a<br />
 href="http://www.aclu.org/conference/2008/">conference</a>,<br />
the <a<br />
 href="http://www.aclutx.org/">ACLU of<br />
Texas</a>, <a<br />
 href="http://www.aclu-nm.org/">ACLU<br />
of New Mexico</a>, and <a href="http://www.acluma.org/">ACLU<br />
of Massachusetts</a> kicked off the<br />
morning with a deeply<br />
affecting plenary discussion about the real-life human impact of the<br />
government&rsquo;s abuse of core constitutional principles in the<br />
name of<br />
immigration enforcement. ACLU clients, primarily young folks from<br />
Texas and New Mexico border towns, talked about the assumptions made<br />
about them and the law enforcement challenges they face simply<br />
because they are brown.</p>
</p>
<p>One young woman from Texas,<br />
Luissana<br />
Santibenez, described her calling as an activist fighting for the<br />
human rights of immigrants locked up in detention centers in South<br />
Texas. Whole families, held only on charges of civil immigration<br />
violations, are kept in prisons as if they are convicted criminals. In<br />
one such detention facility, <a<br />
 href="http://www.aclu.org/immigrants/detention/hutto.html">Hutto</a>,<br />
the ACLU discovered that children ranging in age from just three<br />
months to 18 years old, were made to dress in prison garb, denied<br />
basic education and proper nutrition, and not allowed even to go<br />
outside and breathe fresh air for a month at a time. This led to a<br />
lawsuit against the federal government filed by the ACLU and other<br />
lawyers. <a<br />
 href="http://www.aclu.org/immigrants/detention/31469prs20070827.html">Settlement</a><br />
of the Hutto litigation has compelled the federal government to<br />
change its standards and conditions for the detention of immigrant<br />
families. Vanita Gupta, an ACLU lawyer instrumental in the<br />
litigation, recalled one of the government attorneys in that case<br />
telling her, &ldquo;you know, the ACLU is a real thorn in the side<br />
of DHS<br />
[the federal Department of Homeland Security].&rdquo; She<br />
responded,<br />
simply, &ldquo;Thank you.&rdquo; </p>
<p>
James and David de la<br />
Torre, two<br />
16-year old boys from New Mexico, shared a shocking account of local<br />
sheriffs&rsquo; deputies knocking on their family&rsquo;s door<br />
at 5 am under<br />
the astounding pretense of delivering a pizza, and when that<br />
didn&rsquo;t<br />
work, responding to a call of a faulty refrigerator, to get them to<br />
open the door, force everyone outside, and interrogate them about<br />
their immigration status. As a result most of their family members<br />
were deported, and James and David, both U.S. citizens, are the only<br />
members of their families left in the United States. </p>
<p>
It is almost unimaginable<br />
that local<br />
police and sheriffs could get away with these gross violations of the<br />
law and assume the powers of federal immigration agents. Even more<br />
outrageous is that these unlawful tactics do nothing to protect<br />
public safety or enforce criminal laws. Instead, they target Latino<br />
families who have committed no crimes, and tear them apart. The ACLU<br />
and <a href="http://www.maldef.org/">Mexican-American<br />
Legal Defense<br />
and Education Fund (MALEF)</a> jointly filed a lawsuit<br />
challenging<br />
these brazen immigration enforcement tactics. As a result, the Otero<br />
County, NM Sherriff&rsquo;s Department agreed to <a<br />
 href="http://www.aclu-nm.org/News_Events/news_4_9_08.html">settle</a><br />
the suit and change their practices.</p>
<p>
The Southwest border<br />
regions of the<br />
United States have been described by some as<br />
&ldquo;constitution-free<br />
zones,&rdquo; where Fourth Amendment rights against unreasonable<br />
search<br />
and seizure, Fifth Amendment rights to due process, and Fourteenth<br />
Amendment protections of equal protection under the law do not apply.<br />
Today&rsquo;s poignant stories help explain why.</p>
<p>
As one presenter at the<br />
conference<br />
posed this morning, &ldquo;is this the America we want to live<br />
in?&rdquo;</p>
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		<title>Separate and Unequal</title>
		<link>http://blog.aclu.org/2008/06/08/separate-and-unequal/</link>
		<comments>http://blog.aclu.org/2008/06/08/separate-and-unequal/#comments</comments>
		<pubDate>Sun, 08 Jun 2008 23:53:09 +0000</pubDate>
		<dc:creator>William Ramirez, ACLU of Puerto Rico</dc:creator>
		
		<category><![CDATA[Human Rights]]></category>

		<category><![CDATA[Immigrants' Rights]]></category>

		<category><![CDATA[Racial Justice]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=821</guid>
		<description><![CDATA[On Wednesday afternoon, the Special
Rapporteur on Racism, Racial
Discrimination, Xenophobia, and Related Intolerance, Mr. Doudou
Di&#232;ne, boarded his flight to Washington, D.C.,
clearly
affected by his visit to Puerto Rico. Mr. Di&#232;ne
had heard numerous accounts of pervasive systemic and institutionalized
criminalization of poverty and race by both Puerto Rican and Federal
authorities.
On his first day, Mr. Di&#232;ne was driven to the [...]]]></description>
			<content:encoded><![CDATA[<p>On Wednesday afternoon, the <a<br />
 href="http://www.aclu.org/intlhumanrights/racialjustice/sronracism.html">Special<br />
Rapporteur on Racism, Racial<br />
Discrimination, Xenophobia, and Related Intolerance, Mr. Doudou<br />
Di&egrave;ne</a>, boarded his flight to Washington, D.C.,<br />
clearly<br />
affected by his visit to Puerto Rico. Mr. Di&egrave;ne<br />
had heard numerous accounts of pervasive systemic and institutionalized<br />
criminalization of poverty and race by both Puerto Rican and Federal<br />
authorities.</p>
<p>On his first day, Mr. Di&egrave;ne was driven to the Guerrero<br />
Prison facility, over three hours from San Juan, where he toured the prison facilities and residence areas, with<br />
limited and guarded interaction with prison inmates.<br />
Leaving Guerrero Prison, Mr. Di&egrave;ne visited the town of<br />
Hormigueros, the site of the FBI&#8217;s 2005 raid on Filiberto Ojeda Rios&#8217;<br />
home. In that raid, over 100 FBI agents stormed the house under cover<br />
of sniper fire. When Rios was mortally wounded, the FBI<br />
denied him medical aid and left the Pro-Independence and Machetero<br />
leader to bleed to death over a 24-hour period. Mr. Di&egrave;ne<br />
examined up-close evidence of the FBI&#8217;s use of high power fire against<br />
72-year-old Ojeda and his wife, and stood on the very spot where Rios<br />
died. To this day, the FBI has obstructed all attempts by<br />
Puerto Rico&#8217;s government officials to investigate the<br />
incident. On an island known for its political in-fighting,<br />
the Rios killing has unified people across the political spectrum in<br />
outrage. </p>
<p>Later the same day, Mr. Di&egrave;ne<br />
presided over a public hearing in the west coast City of Mayaguez,<br />
where at the Eugenio Maria de Hostos School of Law he heard stories<br />
from ex-political prisoners, advocates of indigenous rights, residents<br />
of marginalized communities. The ACLU of Puerto Rico&rsquo;s Eva<br />
Prados read from her preliminary findings in an ACLU investigation into<br />
42 unexplained prison deaths of mostly young drug-addicted homeless men<br />
at the Guerrero Prison facility previously visited.<br />
On the second day of his visit Mr. Di&egrave;ne visited the east coast Villa<br />
Ca&ntilde;ona Community in the town of Loiza. The town of<br />
Loiza was settled hundreds of years ago by<br />
&ldquo;Cimarrones&rdquo; or escaped slaves. To this<br />
day, Loiza maintains its strong African roots and closely guards its<br />
culture and music, to its credit, and to its detriment. </p>
<p>Loiza&#8217;s people told stories of vicious police abuse against minors and<br />
women with children. Two ACLU clients spoke: One, an alternative school<br />
principal, related being stripped naked, beaten, and verbally abused in<br />
the presence of his students, and another, the mother of a severely<br />
mentally disabled young man, spoke of outrageous misconduct by police<br />
officers targeting her son and other residents of this proud community<br />
of African heritage. Presenters spoke of how in the name of<br />
the War Against Drugs, they have become prisoners in their own homes,<br />
too fearful even go to the community mini-mart or send their children<br />
to school. </p>
<p>Mr. Di&egrave;nes visit to Puerto Rico ended<br />
with a public hearing at the Inter-American University School of Law in<br />
San Juan, where members of the Dominican community spoke of racial<br />
profiling and vicious police brutality against young Dominican<br />
immigrants. Presenters spoke of a particular method of baton<br />
beating by that always ends in organ damage. Several<br />
young men displayed the scars of operations necessitated by these<br />
beatings. Community leaders and advocates spoke of<br />
displacement of poor black communities of San Juan to make room for<br />
businesses and the rich.</p>
<p>Human Rights Attorney Wilma Rever&oacute;n explained that the FBI<br />
in Puerto Rico has more power than the Puerto Rican government itself<br />
and uses it to repress the people. She spoke of the intrinsic and<br />
inescapable relationship between race and Puerto Rico&#8217;s 500 year<br />
history of colonialism which renders meaningful application of the<br />
Universal Declaration of Human Rights impossible.</p>
<p>Hopefully, the Special Rapporteur&rsquo;s visit to Puerto Rico is<br />
only the beginning of a thorough investigation into racism here. In the<br />
last U.S. census, 80 percent of Puerto Ricans classified themselves as<br />
white, in contradiction of a common Puerto Rican quote &ldquo;el<br />
que no tiene Dinga, tiene Mandinga&rdquo; which roughly means you<br />
are either from Dinga, or from Mandinga. Approximately 4 million people<br />
live separate and unequal, politically speaking, in a U.S. territory<br />
that is neither fish nor fowl.</p>
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		<title>Something in the  Water at the Heritage Foundation?</title>
		<link>http://blog.aclu.org/2008/06/04/something-in-the-water-at-the-heritage-foundation/</link>
		<comments>http://blog.aclu.org/2008/06/04/something-in-the-water-at-the-heritage-foundation/#comments</comments>
		<pubDate>Wed, 04 Jun 2008 21:37:52 +0000</pubDate>
		<dc:creator>Noam Biale, Technology &#38; Liberty Program</dc:creator>
		
		<category><![CDATA[Immigrants' Rights]]></category>

		<category><![CDATA[Privacy &amp; Technology]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=804</guid>
		<description><![CDATA[James Carafano has been blogging on the Heritage  Foundation&#8217;s &#8220;The Foundry&#8221; this week on  his trip to our southern border. Carafano  has been mighty impressed with all the potential benefits of increased border  security. Specifically, Carafano  believes it will protect the environment, even though Defenders  of Wildlife has warned [...]]]></description>
			<content:encoded><![CDATA[<p>James Carafano has been blogging on the Heritage  Foundation&rsquo;s &ldquo;<a href="http://blog.heritage.org/">The Foundry</a>&rdquo; this week on  his trip to our southern border. Carafano  has been mighty impressed with all the potential benefits of increased border  security. Specifically, Carafano  believes it will protect the environment, even though <a href="http://www.defenders.org/index.php">Defenders  of Wildlife</a> has warned that the erection of a border fence will have &ldquo;<a href="http://www.defenders.org/programs_and_policy/habitat_conservation/federal_lands/border_policy/index.php">serious  and lasting</a>&rdquo; effects on wildlife, clean water and clean air in the region.  He&#8217;s also convinced it will reduce human fatalities, even though over 200  people <a href="http://regulus.azstarnet.com/borderdeaths/search.php">die</a> on the border each year, mostly from exposure, while the rate of illegal  immigration remains steady.</p>
<p>
  But <a href="http://blog.heritage.org/2008/06/04/virtual-fences-can-help-make-real-good-neighbors/">today&rsquo;s  post</a> is a real humdinger. Titled  &ldquo;Virtual Fences Can Help Make Real Good Neighbors,&rdquo; it praises the rollout of  &ldquo;Project 28,&rdquo; part of the Department of Homeland Security&rsquo;s initiative to  create a &ldquo;virtual fence&rdquo; of video surveillance, motion sensors and other nifty  gadgets along 28 miles of the Arizona-Mexico border. But as the <a href="http://www.gao.gov/new.items/d07504t.pdf">Government Accountability  Office</a> and <a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/02/27/AR2008022703747.html"><em>The Washington Post</em></a> reported in  February, Project 28 has been an utter fiasco.  None of the technology has worked, and DHS decided to scrap the pilot  project (they are now trying again with newer, fancier equipment). </p>
<p>
  However, even if the technology had worked, it&rsquo;s not clear  the program would have. Residents of <a href="http://www.washingtontechnology.com/print/22_11/30919-1.html">Arivaca, Ariz</a>.,  an unincorporated town nearby on of Project 28&rsquo;s video surveillance towers,  complained that while DHS reported the tower&rsquo;s field of vision was only about  10 miles, the agency had placed it right next to the town, which happens to be  12 miles from the border. The potential  for the federal government to spy on American citizens was real; the impact on  border security, not so much.
</p>
<p>But forget the fact that Project 28 is a complete boondoggle  for a moment (Carafano admits that in addition to suffering from &ldquo;bad  publicity,&rdquo; nobody at DHS bothered to ask the Border Patrol what they actually  needed). The virtual fence is also one  of the largest government gravy trains out there, and the main beneficiary has  been Boeing Corp. Boeing got the  original contract to install Project 28, and despite its failure to build something  that works for more that $860 million in taxpayer dollars, DHS keeps offering  the company new contracts. Just <a href="http://www.washingtontechnology.com/online/1_1/32786-1.html">last month</a>,  it was announced that Boeing would be asked to build on its &ldquo;experience&rdquo; with  Project 28 to construct two new sections of virtual fence in Arizona  and Michigan.
  </p>
<p>Now to return to our friends at Heritage: Why would a think tank that advocates for  limited government, free enterprise and strong national defense support a  program that is massively expensive to taxpayers, invades the privacy of local  residents, and amounts to a handout to a company that has repeatedly failed to  secure our borders? A massive buildup of  surveillance technology at the <a href="http://www.youtube.com/watch?v=swosNcMLreg">border</a> is the kind of  cash cow that fiscal conservatives and civil libertarians should be united in  opposing. We&rsquo;re eagerly waiting to  welcome our friends at Heritage to the right side of the (virtual) fence. </p>
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		<title>U.N. Expert  Investigates Racism in Florida</title>
		<link>http://blog.aclu.org/2008/06/03/un-expert-investigates-racism-in-florida/</link>
		<comments>http://blog.aclu.org/2008/06/03/un-expert-investigates-racism-in-florida/#comments</comments>
		<pubDate>Tue, 03 Jun 2008 20:09:06 +0000</pubDate>
		<dc:creator>Muslima Lewis, ACLU of Florida</dc:creator>
		
		<category><![CDATA[Immigrants' Rights]]></category>

		<category><![CDATA[Racial Justice]]></category>

		<guid isPermaLink="false">http://blog.aclu.org/?p=798</guid>
		<description><![CDATA[During his 1-1/2 day visit to Miami, Mr. Doudou Di&#232;ne, U.N.  Special Rapporteur on contemporary forms of racism, race discrimination, xenophobia, and related intolerance, was presented with a detailed, and frequently  emotional, picture of the many forms and textures of race discrimination and  racism in Miami and Florida, generally. 

The visit began [...]]]></description>
			<content:encoded><![CDATA[<p>During his 1-1/2 day visit to Miami, <a href="http://www.aclu.org/intlhumanrights/racialjustice/sronracism.html">Mr. Doudou Di&egrave;ne, U.N.  Special Rapporteur on contemporary forms of racism, race discrimination, xenophobia, and related intolerance</a>, was presented with a detailed, and frequently  emotional, picture of the many forms and textures of race discrimination and  racism in Miami and Florida, generally. </p>
<p>
The visit began with a tour of urban Miami, during which he  saw the stark juxtaposition of affluent communities and the communities of  color that were deliberatively and systematically destroyed to make room for  condos, art galleries and commercial retail developments. Mr. Di&egrave;ne saw and heard much about Overtown. Famous performers like Count Basie and Billie  Holiday were frequent visitors to Overtown and stayed there after their Miami  Beach performances (since Jim Crow laws barred them from hotels on the Beach). As Mr. Di&egrave;ne witnessed the blight, disappearing  stock of public and affordable housing, and the boarded up businesses, he heard  about the efforts to destroy this once vibrant African-American community. Not only was it was dissected by I-95 (one of  our tour guides pointed to a concrete support pillar for I-95 which now stands  on the site of the home she grew up in), but neglect, aggressive (but unequally  enforced) code enforcement practices, aggressive policing, and the fraudulent  siphoning of tax dollars to private developers all were tools used to undermine  the community&rsquo;s infrastructure and displace its residents. Overtown activists  and residents described their dedicated fight to preserve and regain control of  this historic neighborhood. </p>
<p>
On Monday, Mr. Di&egrave;ne conducted a series of public hearings.</p>
<p>
  The first presenters  painted a picture of Miami from all perspectives of the African diaspora: Afro-Cuban, African-American, African,  Haitian, and English-speaking Caribbean. </p>
<p>
  Against this backdrop, Mr. Di&egrave;ne heard compelling  testimony from Latino  and African American domestic and agricultural workers. A third generation farmworker told how the  ground near Lake Apopka that she literally crawled on for decades had been  contaminated by pesticides; she spoke emotionally about the resulting deaths of  Lake Apopka farmworkers and how the government is pouring resources into  addressing the impact that the decades of pollution  have had on the alligators and birds of the region, but no resources at all are  being used to address the deadly toll that the pesticides have taken on the  women and men who worked the contaminated land.</p>
<p>
  A domestic worker described the inhumane treatment experienced  by the many women who leave their families and home countries lured by false  promises. She talked emotionally about  how she and others were denied adequate food and water and forced to work 16-17  hour days with very little time off.  </p>
<p>Prize-winning author <a href="http://www.aclu.org/immigrants/detention/32063leg20071004.html">Edwidge Danticat  told the story of her uncle</a>, Joseph Dantica, the family patriarch and a  leader of his Haitian community and congregation. In 2004, at the age of 81, he was forced to  flee Haiti when U.N. soldiers chose to use the rooftop of his church to wage a  fire fight with gang members, who later sought retribution against him. Despite having a multiple-entry visa that  allowed him to come in and out of the U.S. freely for 30 years, Joseph Dantica  was detained upon his entry in the U.S. and his medicines for high blood  pressure and heart problems were taken away.  He died in DHS custody.  (Independent medical experts attribute his death to the fact that he was  not allowed to take the medications on which he had relied for years.) </p>
<p>
  Mr. Di&egrave;ne&rsquo;s visit ended with a description of the rise of  Islamophobia, and the overt (and often officially sanctioned) hate-mongering  that flourishes in the U.S. during this post-9/11 era.</p>
<p>
  Most compelling  and moving was the testimony from and about the strong and unyielding women and  men directly impacted by racism and race discrimination in Florida - people who  refuse to be victims or defeated, but instead use their own experiences to  fight for the dignity of all and for the empowerment of their communities. </p>
<p>
  (Note:  to ensure the privacy of the people who spoke with Mr. Di&egrave;ne, their stories are  described here only with their express permission.) </p>
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