Blog of Rights

English as a First Language

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 2:40pm

Sigh. As if we don’t have enough divisiveness in this country, a familiar subset of Congressional Republicans are trotting out yet another discriminatory bill papered over with hollow rhetoric about “unity,” “commonality” and shared national vision, which will be the subject of a hearing in the House Constitution Subcommittee today. (Here’s the ACLU’s statement, which focuses mainly on the civil rights and immigration issues in the bill; I’m just covering the First Amendment in this post.)

Just In Time For Independence Day, A Renewed Call For A National ID Card

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:24pm

Leading yesterday’s New York Times op-ed page is a column by Bill Keller, Show Me Your Papers. It supports the faulty claim that we can solve our nation’s immigration woes if we just create a national ID system, and it specifically lauds a 2010 proposal by Sens. Schumer and Graham to create a biometric social security card that would function as a national ID for every American.

What’s Next for Arizona’s SB 1070 and Other Copycat Laws

By Cecillia Wang, ACLU Immigrants' Rights Project at 6:05pm

The Supreme Court handed down a mixed decision Monday for Arizona and the handful of states that have copied its anti-immigrant law, SB 1070. Striking down three of the four provisions at issue in Arizona v. United States, the Justices affirmed the federal government’s exclusive role in enforcing immigration law. On the one hand, the Court delivered a significant rebuke to legislators who tried to make being an undocumented immigrant a crime. But on the other hand, the Court let stand the discriminatory “show me your papers” provision, or Section 2(B). And while it’s true that the Court sent a warning that Section 2(B) could still be ruled unconstitutional based on pending challenges (by the ACLU and other civil rights groups) focused more directly on racial profiling and prolonged detention, it nevertheless has thrown Arizona and other states into chaos by reversing the lower courts’ decision to block the “show me your papers” law. Arizona officials immediately announced that they would begin enforcing Section 2(B), even though the Supreme Court’s ruling does not immediately lift the order blocking. The Court’s decision now sends the case back to the lower district court in Arizona for further proceedings. 

Reading the Fine Print: DHS Has Not Ended 287(g) in Arizona

By Joanne Lin, Washington Legislative Office & Chris Rickerd, ACLU Washington Legislative Office & Charanya Krishnaswami, ACLU Washington Legislative Office at 1:20pm

On Monday, the Supreme Court in Arizona v. United States struck down three provisions of Arizona’s S.B. 1070 racial profiling law, but reinstated, for now, the most controversial provision, which requires Arizona police officers to demand the immigration papers of anyone they stop, arrest, or detain. S.B. 1070 makes racial profiling Arizona state policy. When a police officer asks for papers, it’s based on bias because there is no way to tell by looking at or listening to someone whether the person is lawfully in the United States.

United We Dream

There are 2.1 million of us. Then, there are our parents, friends, and neighbors—courageous, hardworking undocumented Americans. Together, we are 11.2 million. We’ve met and overcome great hardship.

Prisoners of Profit: Immigrants and Detention in Georgia

By Azadeh N. Shahshahani, ACLU Foundation of Georgia at 12:17pm

The ACLU of Georgia recently released a comprehensive report on conditions of detention for immigrants in Georgia, three of which are operated by for-profit corporations and one of which, the Stewart Detention Center, is the largest immigration detention facility in the country.

For purposes of this documentation project, the ACLU of Georgia interviewed 68 individuals who were detained at the Georgia immigration detention facilities, as well as detainees' family members and immigration attorneys. We also toured the detention centers and reviewed documents obtained from Immigration and Customs Enforcement and other agencies. The findings in “Prisoners of Profit: Immigrants and Detention in Georgia” raise serious concerns about violations of detainees’ due process rights, inadequate living conditions, inadequate medical and mental health care, and abuse of power by those in charge.

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.