Blog of Rights

Historic Decision Recognizing Right to Counsel for Group of Immigration Detainees

By Esha Bhandari, Equal Justice Works Fellow, ACLU & Carmen Iguina, Equal Justice Works Fellow, ACLU of Southern California at 11:22am

In a landmark ruling yesterday, Federal District Judge Dolly M. Gee ordered the federal government to provide legal representation for immigrant detainees in California, Arizona and Washington who have serious mental disabilities and are unable to represent themselves in immigration court. This is a historic decision — it is the first ever to recognize a right to appointed counsel in immigration proceedings for a group of immigrants. Unlike the criminal justice system, where judges are generally required to appoint counsel for defendants who cannot afford a lawyer, there are no safeguards in the immigration enforcement system to ensure the basic fairness of having legal representation for immigrants. As a result, over half of all individuals in immigration court — including 84% of detained individuals — must face the complex legal proceedings alone and unrepresented, while the government is always represented by a lawyer.

Mandatory E-Verify: A Giant Plunge Into a National ID System

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 12:23pm

Today's release of an immigration reform proposal from the Gang of Eight raises a host of civil liberties issues, many of which the ACLU will undoubtedly be commenting on in the coming days and weeks.

Today, I'm focusing on our concerns with one particular program, E-Verify. Currently, E-Verify is a largely voluntary system where employers can check with the Department of Homeland Security to see if someone is allowed to work. Basically it's a giant list of everyone – immigrants and citizens – legally in the United States.

Americans Overwhelmingly Support a Fair Immigration System

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 10:19am

For over 90 years the ACLU has defended the rights of everyone in the United States, whether born in this country or abroad, because the Constitution protects the civil liberties and civil rights of all of them.

The data from a new poll released yesterday that was commissioned by CAMBIO, a new coalition for immigration reform, confirms what we have long known – that the American people agree wholeheartedly that all people in the United States, including immigrants, have fundamental rights under our Constitution.

On Eve of Immigration Reform Rollout, Immigration Detainees Win Right to Fair Hearing

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 4:51pm

Today the U.S. Court of Appeals for the Ninth Circuit issued a landmark ruling that curtails one of the most wasteful and draconian features of our immigration lock-up system: the government's practice of putting immigration detainees behind bars for months or even years, without ever holding a bond hearing to determine if they should be locked up in the first place. In Rodriguez v. Robbins, a class-action lawsuit brought by the ACLU, the Court upheld an order requiring bond hearings for detainees locked up six months or longer while they fight their deportation cases. The ruling stands to benefit thousands of immigration detainees across the Ninth Circuit, where an estimated 25% of immigrant detainees are held every year.

Beyond the Southwest Border - The CBC Expands the Immigration Debate

By Kimberly Humphrey, Washington Legislative Office at 1:40pm

Most reports on immigration focus on Latino workers and the southwest border. However, there are many faces and backgrounds of American immigrants, and the breadth of obstacles created as a result of our broken system are far-reaching. This week the Congressional Black Caucus ("CBC") and Howard University hosted a compelling discussion on immigration that highlighted the reasons why immigration is important to all communities, and is particularly relevant to Black Americans and all communities of the African diaspora.

Time is Now for Immigration Reform That Offers a Roadmap to Citizenship and Preserves Family Unity

By Vicki B. Gaubeca, ACLU of New Mexico at 11:25am

Immigration reform must not be contingent on the false premise that an airtight 2,000-mile border is required. Instead, Congress should turn to ameliorating the tragedy of family separation along the southern border.

Thousands of families from San Diego to Brownsville have suffered the loss of people they love to deportation. Many of these families are comprised of members who are U.S. citizens, lawful residents and people who've lived here for years and tried unsuccessfully--sometimes for decades--to become residents or U.S. citizens.

VICTORY! Wyoming Lets the DREAMers Drive

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 1:22pm

This week, Wyoming confirmed that it will now provide driver’s licenses to young immigrants who came to the country as children, popularly known as “DREAMers.”  The decision is the latest victory for immigrant youth granted permission to live and work in the country under the federal Deferred Action for Childhood Arrivals (“DACA”) program.

Wyoming thus joins the chorus of states that have decided to let the DREAMers drive.  Generally, states limit driver’s licenses to immigrants who can show they are “authorized" or “legally present” in the United States.  Consistent with guidance from the federal government, the overwhelming majority of states have rightly acknowledged that immigrants granted DACA are legally authorized to be in the country, and thus eligible to drive.

International Human Rights Body Seeking Answers on U.S. Civil and Political Rights Record

By Allison Frankel, ACLU Human Rights Program at 4:16pm

An international human rights body is set to question the United States on its obligations under a key human rights treaty. The U.N. Human Rights Committee, an independent body of experts tasked with monitoring compliance with the International Covenant on Civil and Political Rights (ICCPR), this week released its list of issues, which will serve as the basis for its upcoming review of U.S. compliance with the treaty. The U.S. ratified the ICCPR in 1992 and is obligated to submit to periodic reviews of its treaty implementation efforts.

Needed in Immigration Overhaul: Counsel and Alternatives to Incarceration

By Kimberly Humphrey, Washington Legislative Office at 12:13pm

Imagine that you are a lawful resident married to a U.S. citizen serviceman who is deployed overseas, and you are looking for a job to help support your family. You find one, but unbeknownst to you, your employer, aiming to expedite the hiring process, checks the "citizen" box on the application, a box that you correctly left blank. After audit, you are accused of making a false statement of citizenship status, which could provide grounds for mandatory deportation. Imagine that the allegation is never substantiated and you are never given the opportunity to explain the circumstances, but you are banished from the U.S. and from your family. Well – you don't have to imagine all this since it's a true account shared by Margaret D. Stock, Lt. Col. (Ret.) and counsel at Lane Powell, at a congressional briefing organized last month by the ACLU. Her client was forced to return to her country of origin and separated from her husband while he put his life on the line for the freedoms we enjoy.

VICTORY! Bipartisan Group of Legislators Lead Oregon to Equal Access to Education Law

By Becky Straus, Legislative Director, ACLU of Oregon at 10:29am

Today in front of a packed room of supporters, Gov. John Kitzhaber signed into law HB 2787, a law that brings access to in-state tuition to all Oregonians, regardless of immigration status. The governor's action marked the culmination of an over ten-year-long campaign for tuition equity in Oregon. It is about time.

A Democratic majority in both chambers and the rising political influence of Latinos in the electorate contributed to this great victory, but ultimately it was the leadership of a few key legislators that cleared the path for this bill's passage. Sen. Frank Morse (R-Albany) and Sen. David Nelson (R-Pendleton), each now retired from the legislature, departed from the prevailing view of many in their caucus, and co-sponsored the tuition equity bill in the 2011 session. Their sponsorship demonstrated to Oregonians that tuition equity is about fairness rather than partisan politics. And their public support for the bill invited their colleagues to follow so that, despite the fact that Morse and Nelson are no longer in the legislature, eight Republicans (including Nelson's successor) helped tuition equity pass in 2013.