Blog of Rights

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...

Yes, the U.S. Wrongfully Deports Its Own Citizens

By Esha Bhandari, Equal Justice Works Fellow, ACLU at 11:48am

This week's New Yorker features the harrowing ordeal of Mark Lyttle, a U.S. citizen with mental disabilities who was deported to Mexico. Lyttle was born in North Carolina and has psychiatric and cognitive disabilities. He was inexplicably referred to Immigration and Customs Enforcement (ICE) in 2008 after being misidentified as an undocumented immigrant from Mexico even though he had never been to Mexico, shared no Mexican heritage, and did not speak any Spanish. As the New Yorker article notes, "Lyttle is brown-skinned," and "the vagaries of race and ethnicity obviously played a part" in causing him to be singled out for immigration enforcement.

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.