Today, a federal court in South Carolina upheld most of its original order blocking key provisions of South Carolina’s anti-immigrant law from going into effect. The court’s ruling today makes it clear that states like South Carolina cannot independently criminalize the act of transporting or harboring certain immigrants, or the failure to carry federal immigration papers. In light of the Supreme Court’s decision in Arizona v. United States, however, the court modified its original decision to block the law’s “show me your papers” provision. But today’s decision clearly states that the law does not allow South Carolina officers to detain individuals solely to verify their immigration status.
Last night was a watershed moment for immigrants’ rights in Maryland. Faced with federal inaction and a stalemate on immigration reform, Maryland stepped in to ensure that none of its children are left behind.
Voters in the state overwhelmingly approved Question 4, a ballot measure known as the Maryland DREAM Act, which expands access to higher education for all of Maryland’s students, regardless of their immigration status. We hope that this move will inspire the incoming Congress to act decisively to pass comprehensive immigration reform.
Yesterday, I provided testimony at the United Nations as part of a U.N. General Assembly side event that examined human Rights violations at international borders, including the U.S.-Mexico border. The side event, which was chaired by the U.N. High Commissioner for Human Rights and the Mexican government’s ambassador to the U.N. and was attended by representatives of numerous nations, forms part of a growing dialogue within the U.N. and international community that began in March during an expert consultation on the matter and looks to continue at the upcoming Global Forum on Migration and Development.
By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 1:42pm
The ACLU of San Diego filed a lawsuit today against the U.S. Customs and Border Protection agency (CBP) for violating the constitutional rights of two photographers, and for maintaining an official policy prohibiting the use of cameras and video recorders at or near U.S. crossing points, which violates the Constitution.
By Gabriel Eber, ACLU National Prison Project & Eric Balaban, ACLU National Prison Project at 10:38am
Earnest “Marty” Atencio, 44 years old, died on December 20, 2011. His dead body was covered with bruises, lacerations and puncture marks – wounds that made him look like the victim of a vicious attack by criminals. But Marty Atencio wasn’t attacked on the street; the attack that cost him his life took place at the Maricopa County Jails (MCJ) in Phoenix, run by the self-styled “toughest sheriff in America,” Joe Arpaio, and the assailants wore badges and uniforms.
By Esha Bhandari, Equal Justice Works Fellow, ACLU at 12:15pm
Mark Lyttle, an American citizen with mental disabilities who was wrongfully detained and deported to Mexico and forced to live on the streets and in prisons for months, settled his case against the federal government this week.
Lyttle will receive $175,000 for the suffering he endured after being detained by Immigration and Customs Enforcement (ICE), who deported him despite ample evidence that he was a U.S. citizen. The settlement comes after a federal district court in Georgia ruled in Lyttle’s favor in March, holding that the bulk of his claims against the federal defendants should not be dismissed.
By Chris Rickerd, ACLU Washington Legislative Office at 10:24am
Border Patrol agents work in dangerous situations which can lead to tragic consequences like the shooting death and wounding of agents in Arizona this week. There is no justification for such violence targeting law enforcement officers. Yet there is also a crisis regarding use-of-force by Customs and Border Protection that is severely damaging the agency’s integrity (CBP is the Border Patrol’s parent and includes officers who work at ports of entry). The many recorded incidents of CBP fatalities and abuses demand a comprehensive, independent investigation of CBP policies and practices, as requested by members of Congress, the Inter-American Commission on Human Rights, and the Office of the United Nations High Commissioner for Human Rights. A permanent, arm’s-length oversight commission for CBP must also be created.
By Amshula Jayaram, ACLU Washington Legislative Office at 5:54pm
The New York Times issued an editorial Tuesday praising President Obama’s Executive Order to end human trafficking in government contracts. The Times viewed the order as an important step towards eliminating this shameful practice. The Times also called for Congress to pass the End Trafficking in Government Contracting Act, which would provide the legislative muscle to enforce and make permanent the measures contained in the Executive Order to eliminate human trafficking from government contracting processes.
By Ian S. Thompson, ACLU Washington Legislative Office & Joanne Lin, Washington Legislative Office at 1:57pm
In August, over 80 members of Congress, led by House Minority Leader Nancy Pelosi (D-Calif.), wrote to the Department of Homeland Security (DHS) requesting recognition, explicitly and in writing, of the ties of a same-sex partner or spouse as a positive factor for determining discretionary relief in immigration cases. On Friday, it was reported that DHS had announced it would be issuing new, written guidance providing that relief to LGBT immigrant families.
