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.

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.

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.

"Estamos Unidos" …Against Discrimination and Anti-Immigrant Laws

By Lucia Hermo at 1:29pm

As I stepped off the plane from JFK to Oakland, I admit that I was a bit scared. Normally sitting behind a desk, I was about to embark on a ten-day journey across the United States, sharing a van with eight people I had yet to meet, trying to rally people against the wave of discriminatory “show me your papers” laws in the very states that have adopted them. I was in unfamiliar territory.

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.

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:

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.)

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.

VICTORY! Ohio Lets DREAMers Drive

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 5:18pm

Last week, Ohio officials confirmed that young immigrants who came to the United States as children—or “DREAMers”—will be eligible for driver’s licenses.  The decision impacts an estimated 10,000 to 20,000 young people who stand to benefit from the federal Deferred Action for Childhood Arrivals (DACA) program.

Ohio joins the overwhelming chorus of states that have gotten with the DACA program. 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 like Ohio have rightly acknowledged that immigrants granted DACA are legally authorized to be in the country, and thus eligible to drive.

S.B. 1070: "I Look Suspicious"

Lifelong Arizona resident Jim Shee has to carry a passport with him at all times in case he is pulled over and required to prove his right to be in his own country and city.

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