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.
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 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.
In a front-page story published in today’s USA Today, the results of our investigation of the comingling of local law enforcement agencies and U.S. Immigration and Customs Enforcement (“ICE”) in the southeast were made public. During a “seatbelt” checkpoint conducted last May by the Jackson County, North Carolina Sheriff’s Office, ICE implemented one of its many initiatives to ensure that the number of criminal deportations achieved the prior year’s level. In simpler terms: a quota.
Where would you expect to find half-a-dozen patrol cars on New Year's Eve? In Bakersfield, California, ranked in the highest ten percent of the most violent cities in America, you'd hope they'd be responding to incidents of violence and preventing murder, rape, and other violent crime. At the very least, you'd expect them to be patrolling for drunk drivers.
Not so. At least not when it comes to prioritizing such matters as "barking dogs." On December 31, 2012, the Kern County Sheriff's Department deployed six police cars and numerous officers at the behest of a resident who called for help from, well, the sounds of two small barking dogs. Her neighbor, Ruth Montaño, a Latina farm-worker, and her three American children owned the dogs.
By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 2:12pm
Alejandro Rodriguez’s parents brought him from Mexico when he was a baby. Prior to his detention, Alejandro earned his green card and lived near his extended family in Los Angeles, working as a dental assistant to support his two U.S. citizen children. The two convictions that gave rise to his detention and deportation case were minor and non-violent— joyriding when he was 19, and a misdemeanor drug possession when he was 24. Alejandro posed no flight risk or danger to the community and yet, Immigration and Customs Enforcement (ICE) locked Alejandro up for more than three years without a bond hearing. Bond hearings are a basic and guaranteed principle of due process in the American judicial system, but thousands of immigrants like Alejandro are denied this fundamental right on a daily basis.
Over the weekend, "NBC Nightly News" aired a segment on ranchers in rural Arizona concerned with border security. As is so often the case with media coverage of the border, this segment only included one side of the story – ranchers concerned about smugglers. Not included in this piece were the voices of many community members in the southwest—including ranchers – who are critical of the massive scale-up of border security, and the effect that it's had on their communities and ranches. For example, we have heard complaints from ranchers in the New Mexico boot heel region, who are concerned with Border Patrol agents "tearing up their land" or killing their cattle without paying them for their loss.
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.
By Michael Kaufman, Staff Attorney, ACLU of Southern California at 11:45am
Apparently as a result of sequester-induced budget cuts, Immigration and Customs Enforcement recently released hundreds of immigration detainees that it found were not risks either to flee or endanger public safety. The fact that these detainees were locked up in the first place confirms a startling truth about our immigration detention system: the government routinely detains people for no good reason. Even Department of Homeland Security Secretary Janet Napolitano promised to examine why these detainees were in jail, saying: "That's a good question. I've asked the same question myself...so we're looking into it."
By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU & Joanne Lin, Washington Legislative Office at 11:17am
Today, Roll Callpublished an op-ed we wrote on how curtailing immigration prisons is an easy way for Congress to begin to reduce the deficit, cut government spending, and reform our flawed immigration system.
In addition, there are several steps the Obama Administration can and should take now, without waiting for Congress, to reduce its unnecessary and expensive reliance on immigration prisons. Here are four:
