Anti-Immigrant Laws

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.

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...

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.

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.

ACLU Lens: ACLU Responds to Gang of 8 Immigration Plan

By Shawn Jain, ACLU at 1:10pm

The ACLU welcomed the bill summary released late last night by a bipartisan group of key senators – ‘the Gang of 8', and we eagerly await the introduction of complete bill text, expected later today.

For over 90 years the ACLU has defended the rights of all Americans, whether born in this country or somewhere else, because the Constitution protects the civil liberties and civil rights of all people. We will continue to serve in this critical role as the debate over the immigration reform bill begins. Anthony D. Romero, executive director of the ACLU, said:

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.

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