Blog of Rights

Immigration Reform: Where Things Stand Now and What's Next

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 4:04pm

The immigration reform bill that has emerged from the Senate Judiciary Committee is good – not ideal, not awful, but good. It is a game changer for those who currently have no hope of realizing the Constitution's promise of equal protection. But it also creates real risks to privacy for all Americans regardless of status and expands the kind of database environment that many of us fear will give the government access to far too broad a swath of our lives. And the bill creates the kind of militarized environment along our southern border that is extremely costly, harmful to border communities' quality of life, and enormously inefficient. And we must not forget that some are wrongly excluded from even a chance at the fruits of immigration reform – beginning with those who happen to love someone of the same sex.

Immigration Reform: Week Three Is History (And Earlier Than Expected!)

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 11:01am

We were prepared for trench warfare in the third week of deliberations over the landmark immigration...

Two Big Wins for Civil Liberties in Monday's Immigration Markup

By Sarah Mehta, Fellow, Immigrants' Rights Project, ACLU & Alex Berger, Legislative Assistant, ACLU at 9:36am

In yesterday's flurry of activity in the Senate Judiciary Committee on the comprehensive immigration reform bill, there were two big wins for civil liberties: Blumenthal 2, an amendment that limits solitary confinement in immigration detention, and Blumenthal 8, an amendment that restricts Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from conducting raids in schools, churches or hospitals.

A Key Lesson from the 1986 Immigration Reform Is in Jeopardy

By Diana Scholl, Communications Strategist, ACLU at 12:45pm

Another day, another amendment to the Senate immigration reform legislation from Sen. Chuck Grassley (R-Iowa) that would harm immigrants' civil liberties. Amendment 17, which will be up for consideration this week in the Senate Judiciary Committee's markup of the immigration reform bill, would unwisely (and unconstitutionally) restrict the ability of immigrants to correct erroneous denials of legalization by barring the courthouse door to them.

Immigration Reform: Week Two Is Through

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 11:59am

After two more long days last week of largely unsuccessful attempts to scuttle the immigration reform bill, the Senate Judiciary Committee now is looking at the gargantuan task of wrapping up consideration – somehow, some way – before the end of this week. On Tuesday, the Committee completed work on the border security section of the bill and then began consideration of the section dealing with non-immigrant visas – addressing labor needs. Work on those issues continued on Thursday and then transitioned to enforcement, including the E-Verify employment verification system. All told, the Committee was busy this week – considering 64 amendments and adopting 40 of them. All but two of the amendments were adopted on a bipartisan basis. Ninety-nine amendments have now been considered (including modifications), and quite a few more have been withdrawn, out of the 300 amendments originally filed. Despite the accomplishments, the Committee still must figure out a way to deal with perhaps 150 amendments before Senators return to their home states at the end of the week for the Memorial Day recess.

Scholars to Senate: Prolonged and Indefinite Immigration Detention is Unconstitutional and un-American

By Diana Scholl, Communications Strategist, ACLU at 2:08pm

While most countries accept the return of their citizens if the United States orders them deported, several refuse to take back them back, either because of a lack of formal relations with the U.S. (Cuba, for example), or simply because of slow background check processes.

Immigration Reform: Week One is Done

By Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 10:31am

Only a few short weeks ago, the so-called Senate Gang of Eight – four Republicans and four Democrats committed to producing a bipartisan immigration reform bill – released a bill exceeding 800 pages representing work dating back to November.  Last week, the Senate Judiciary Committee convened for the first day of mark-up – a process whereby all committee members have the chance to offer amendments to the bill before it proceeds to consideration by the full Senate.

Homeland Security, May I Earn a Living?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 4:43pm

One of the things in play in the current wrangling over immigration reform is whether we will see the E-Verify work authorization program expanded nationwide and made mandatory. We’ve just put out a white paper summarizing “The 10 big Problems With E-Verify.”

Overall, E-Verify represents a move toward the creation of a “Mother may I” or “permission society” in the United States. In an attempt to stop the tiny percentage of those starting jobs in the United States each year who are unauthorized workers, E-Verify would force everyone to obtain affirmative permission from government bureaucracies before engaging in the core life functions of working and earning a living. That not only inverts the relationship between the individual and government, but will lead to a number of other serious problems, which we set forth in the paper.

VICTORY! Maryland and Oregon Extend Driving Privileges to All Immigrants

By Sirine Shebaya, ACLU of Maryland & Becky Straus, Legislative Director, ACLU of Oregon at 4:55pm

Today Maryland and Oregon are celebrating the signing of new laws expanding access to driver's licenses to all residents, including undocumented immigrants. We are part of a movement. Our hope is that our success inspires the passage of bills in more than a dozen other states considering similar measures.

In most states today, it is difficult, if not impossible, for people to go about their daily lives without the ability to drive. Simple but essential tasks such as driving kids to school or to extracurricular activities, picking up groceries, going to the doctor, and traveling to workbecome riddled with hardship. As a result, people without access to driver's licenses are faced with the difficult "choice" of either not meeting their basic needs or driving and risking arrest and other negative repercussions.

Supreme Court Makes the Right Call: "Social Sharing" of Marijuana Not an Aggravated Felony Under Immigration Laws

By Molly Lauterback, Immigrants' Rights Project & Rebecca McCray, ACLU Criminal Law Reform Project at 2:53pm

In a 7-2 decision this week, the U.S. Supreme Court held that the "social sharing of a small amount...