Washington Markup

Obama Has Done His Part; Senator Rubio, It’s Your Turn

By Charanya Krishnaswami, ACLU Washington Legislative Office at 9:47am

In the midst of an election year in which Democrats and Republicans seem prepared to fight about whether the sky is blue, here’s one thing that both parties actually agree on: the lifeline President Obama extended last week to America’s undocumented youth is not a permanent solution.

Last week the president used well-established executive authority to institute“deferred action” for this class of DREAMers—promising students who are American in all but status—which will halt their pending or future deportations for a period of two years. Although Republicans have criticized the measure as an expedient, short-term solution, the president has made clear this policy is not a permanent fix: “This is a temporary stop-gap measure that lets us focus our resources wisely while giving a degree of relief and hope to talented, driven, patriotic young people.” Indeed, the president ended his announcement by calling on the only branch vested with the ability to grant DREAMers longstanding relief: Congress.

Lampooning Immigration Jails While Exploiting the War on Women: Does the House Immigration Subcommitee Have Any Standards of Decency?

By Chris Rickerd, ACLU Washington Legislative Office at 2:20pm

This afternoon, the House Judiciary Subcommittee on Immigration Policy and Enforcement is holding a hearing called "Holiday on ICE: The U.S. Department of Homeland Security's New Immigration Detention Standards." (webcast here, ACLU statement here). The hearing's title and premise insult the U.S. Constitution by denigrating Immigration and Customs Enforcement's belated attempt to introduce basic, constitutionally required standards of care for the nearly 400,000 people held annually in immigration detention facilities. These men and women are detained for alleged civil, not criminal, immigration violations; many of them have U.S. citizen children and other relatives.

ACLU to President Obama: Tackle the Homeland Security Budget in Your Plan to Avert Fiscal Cliff

By Shawn Jain, ACLU at 4:22pm

Much attention has turned to the so-called “fiscal cliff” of spending cuts and increases in taxes that could take effect in early 2013 barring congressional action. According to  The Wall Street Journaland others, the president met last Friday with congressional leaders to avert falling off the cliff, and the Obama administration is planning to unveil an alternative that would replace the cuts for 6-12 months with more-targeted reductions and revenue increases. Immigration policy is an important consideration to keep in mind during these negotiations. Specifically, we encourage the president’s forthcoming plan to include specific cuts that right-size the Department of Homeland Security (DHS) by cutting wasteful and unnecessary immigration enforcement spending.

One Step Closer: New York Times Praises Executive Order on Human Trafficking

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. 

Reading the Fine Print: DHS Has Not Ended 287(g) in Arizona

By Joanne Lin, Washington Legislative Office & Chris Rickerd, ACLU Washington Legislative Office & Charanya Krishnaswami, ACLU Washington Legislative Office at 1:20pm

On Monday, the Supreme Court in Arizona v. United States struck down three provisions of Arizona’s S.B. 1070 racial profiling law, but reinstated, for now, the most controversial provision, which requires Arizona police officers to demand the immigration papers of anyone they stop, arrest, or detain. S.B. 1070 makes racial profiling Arizona state policy. When a police officer asks for papers, it’s based on bias because there is no way to tell by looking at or listening to someone whether the person is lawfully in the United States.

Protecting the Promise of Plyler in Alabama and Beyond

By Georgeanne M. Usova, Washington Legislative Office at 5:35pm

“This,” said Assistant Attorney General Tom Perez, “is about real people with real dreams.”        

Yesterday, Perez joined the Department of Education’s Assistant Secretary for Civil Rights Russlynn Ali and a distinguished panel at the ACLU’s Washington Legislative Office to commemorate the 30th Anniversary of Plyler v. Doe, the Supreme Court decision that guaranteed equal access to a public education to all children, regardless of citizenship or immigration status. In their remarks, Perez and Ali highlighted the stories of real people: the many children whose access to education—and their dreams—are being threatened as a result of Alabama’s HB 56 and other anti-immigrant state laws.  

One Year Longer? Why Won’t DHS Protect Its Detainees under the Prison Rape Elimination Act Right Now?

By Chris Rickerd, ACLU Washington Legislative Office at 1:18pm

The Prison Rape Elimination Act was passed by a unanimous Congress in 2003, with regulations due by June 2010. It was clearly intended to cover all detainees, civil and criminal. Two years later, the Obama administration at last released the final implementing rules for PREA. Commendably, the Department of Justice reversed its prior position that PREA doesn’t cover all immigration detainees. Yet the Department of Homeland Security – despite an abysmal track record of preventing and investigating sexual abuse and assault in its facilities, which was recently exposed on PBS’s Frontline – got a 360-day extension on PREA compliance.

Hey, Russell Pearce: Latinos in Arizona Aren't Like Kids Breaking Curfew

By Chris Rickerd, ACLU Washington Legislative Office at 5:24pm

At the end of today's Senate Judiciary Immigration Subcommittee hearing on state and local immigration enforcement (ACLU statement here), former Arizona State Senate President Russell Pearce tried to explain why Arizona's racial profiling law, S.B. 1070, makes sense. He proposed a logical two-step (watch from 120:45 here): First, he asserted that 90 percent of those who violate our immigration laws "come across that Southern border," and are "Hispanic." (In fact, 77 percent of the undocumented population is Latino.)

ACLU Joins in Briefing Members of Congress on the Implications of Arizona v. U.S.

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 5:19pm

Today we let federal lawmakers know that Arizona’s racial profiling law, S.B. 1070, is about much more than just the state of Arizona and its immigrants. It’s about how we see ourselves as a nation.

The Administration Must Act: Immigrants in Detention Deserve Equal Protection from Sexual Abuse

By Sandhya Bathija, Washington Legislative Office at 6:14pm

In 2009, Claudia Leiva Deras, a domestic violence survivor who is now a lawful U.S. resident, was held in immigration detention at the Cass County Jail in Plattsmouth, Neb. While Claudia waited there for the outcome of her immigration hearing, she faced months of brutality at the hands of a fellow detainee. Claudia was hit, kicked and choked daily. She was also sexually assaulted and left bleeding, with no one to turn to for help.