October, 31 2008, 03:56pm EDT
For Immediate Release
Contact:
Mandy Simon, (202) 675-2312; media@dcaclu.org
ACLU National Media, (212) 549-2666; media@aclu.org
Sweeping Homeland Security Investigation of Muslims Was Unconstitutional and Discriminatory, Says ACLU
2004 DHS Program Used Racial and Ethnic Profiling
WASHINGTON
A report in today's New York Times
revealed details of a 2004 Department of Homeland Security (DHS)
anti-terrorism program that, despite government claims to the contrary,
used racial profiling. More than 2,000 Muslim immigrants were
investigated in the lead up to the 2004 elections, and many were
interrogated right before the November election. Despite the investment
of considerable resources, "Operation Front Line" produced minimal
results. Most of those investigated were found to have done nothing
wrong.
In
2001, President Bush declared that racial profiling was "wrong" and
that he would "end it in America." In 2002, Attorney General John
Ashcroft said, "Using race... as a proxy for potential criminal behavior
is unconstitutional, and it undermines law enforcement by undermining
the confidence that people can have in law enforcement," and his
Justice Department banned racial profiling by federal law enforcement
in 2003. That ban, however, came with an exemption for national
security investigations. Today's New York Times article shows how DHS
drove a truck through that loophole just one year later.
"Despite
President Bush's vow to end racial profiling, his administration
embraced it," said Caroline Fredrickson, Director of the ACLU
Washington Legislative Office. "This program confirms that racial and
ethnic profiling are not only wrong, but they don't work. The time and
resources spent by DHS rounding up, interrogating and investigating
innocent American immigrants could have been spent dealing with actual
threats to our country."
The Times
story comes on the heels of a debate regarding the overhaul of
guidelines that govern FBI investigations. The ACLU is vigorously
opposed to the new guidelines that will be implemented on December 1.
Among granting other expanded powers, the guidelines allow racial
profiling, which the ACLU believes will lead to more misguided efforts
like the one revealed in this DHS program.
"After
questioning and investigating over 2,000 people, DHS came up empty
handed. How much more evidence do we need that racial profiling is a
waste of time and resources?" said Fredrickson. "Preserving an
ineffective and counterproductive technique for our most important
national security investigations makes no sense. The national security
loophole in the DOJ's racial profiling ban must be closed."
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Israel's War on Gaza Has Helped Fuel 'Near Breakdown of International Law': Amnesty
"What we saw in 2023 confirms that many powerful states are abandoning the founding values of humanity and universality enshrined in the Universal Declaration of Human Rights," Amnesty's secretary-general said.
Apr 24, 2024
Government aggression and the rise of Big Tech are threatening the rules-based international order and global human rights, Amnesty International warned in its annual State of the World's Human Rights report, released Wednesday.
The organization expressed particular alarm over Israel's war on Gaza and the inability or unwillingness of its allies to rein in the government of Prime Minister Benjamin Netanyahu from bombing civilian populations, displacing more than 1.9 million people, and restricting the flow of aid into the besieged Gaza Strip. This and other conflicts, such as Russia's invasion of Ukraine, had led to a "near breakdown of international law," Amnesty said.
"For millions the world over, Gaza now symbolizes utter moral failure by many of the architects of the post-World War Two system; their failure to uphold the absolute commitment to universality, our common humanity, and to our 'never again' commitment," Amnesty International's secretary-general Agnès Callamard wrote in the preface to the report.
"One country, one government is allowed to annihilate international law, to put its middle finger in the eye of international law."
Amnesty wrote that Israel had made a "mockery" of some of the key tenants of international humanitarian law such as proportionality and distinction by targeting civilization populations and infrastructure such as refugee camps, hospitals, bakeries, and United Nations schools. As of the end of 2023, Israel had killed 21,600 Palestinians, a third of them children. At present, the death toll has surpassed 34,200, though that is likely an undercount as many remain buried beneath rubble.
Amnesty International researcher Budour Hassan toldDeutsche Welle that it was "utterly disappointing" that "one country, one government is allowed to annihilate international law, to put its middle finger in the eye of international law, and go on as if nothing has happened, normalizing the abnormal, normalizing the atrocities that have been happening, so that the crime that was an atrocity two days ago would become normal."
Hassan said there were things that the international community could do to try to stop the violence, such as cutting off weapons sales to Israel and Palestinian armed groups.
"It's just that the international community has proven desperately unwilling and incapable of upholding these norms," Hassan added, saying that, by failing to act, it could be "signing a death sentence to the whole international order."
In particular, Amnesty criticized the U.S. for spending months vetoing U.N. Security Council resolutions calling for a cease-fire, as well as European Union countries like Germany and the U.K. that called out their opponents' human rights abuses but continued to back Israel.
"What we saw in 2023 confirms that many powerful states are abandoning the founding values of humanity and universality enshrined in the Universal Declaration of Human Rights,” Callamard said.
In addition to Israel and its Western allies, Amnesty also pointed to Russia and its ongoing invasion of Ukraine, as well as China's human rights abuses against the Uyghur and financial backing of the Myanmar military, which killed at least 1,000 civilians in 2023.
"We have here three very large countries, superpowers in many ways, sitting on the Security Council that have emptied out the Security Council of its potentials, and that have emptied out international law of its ability to protect people," Callamard toldThe Associated Press of the U.S., Russia, and China.
In addition to state actors, Amnesty International sounded the alarm about the growing power of large technology companies, and, in particular, the rollout of artificial intelligence. The human rights group said that both new and existing technologies were making it easier for governments to target vulnerable groups like women, minorities, and members of the LGBTQ community. For example, the New York City Police Department informed Amnesty that it used facial recognition technology to keep tabs on Black Lives Matter activists, while Israel used it in the West Bank to help control Palestinian movement. The organization warned of how under-regulated technologies could exacerbate the scapegoating of marginalized groups as many countries hold elections in 2024.
"Big Tech's surveillance business model is pouring fuel on this fire of hate, enabling those with malintent to hound, dehumanize, and amplify dangerous narratives to consolidate power or polling," Callarmard said. "It's a chilling specter of what's to come as technological advances rapaciously outpace accountability."
Callarmard called for reforms to the U.N. Security Council so that no country could use its veto power to obstruct action and for better governmental regulation of developing technologies.
The silver lining is that ordinary people around the world continue to demonstrate for human rights, both their own and others. Amnesty cited the international movement for a cease-fire in Gaza; abortion rights protests in the U.S., El Salvador, and Poland; and the Fridays for Future youth movement to phase out fossil fuels and address the climate emergency.
"People have made it abundantly clear that they want human rights; the onus is on governments to show that they are listening," Callamard said.
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Chamber of Commerce Sues to Block FTC Ban on Anti-Worker Noncompete Agreements
"Why does the U.S. Chamber of Commerce hate dynamism in the American economy, where workers are free to move to the best opportunities, and companies are free to recruit the best talent?" asked one economist.
Apr 24, 2024
The powerful U.S. Chamber of Commerce sued the Federal Trade Commission on Wednesday in an effort to block the agency's widely celebrated new rule banning most noncompete clauses, pervasive contract agreements that restrict employees' ability to work for or start a competing business.
The Chamber filed its lawsuit alongside the Business Roundtable and other corporate lobbying groups in a federal court in Texas. The suit came shortly after Ryan LLC, a tax service firm, filed the first legal challenge to the FTC's rule in a separate Texas venue.
"The commission's categorical ban on virtually all non-competes amounts to a vast overhaul of the national economy," reads the Chamber's complaint against the rule, which the FTC finalized in a 3-2 vote on Tuesday.
The agency, led by Biden-appointed Commissioner Lina Khan, estimates that roughly 30 million U.S. workers are subject to a noncompete agreement, limiting their ability to start their own companies or switch jobs in pursuit of better wages and benefits.
"Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned," Khan said in a statement Tuesday. "The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market."
"Noncompetes are about reducing competition, full stop. It's in their name."
The Chamber, the largest corporate lobbying organization in the United States, signaled its intent to sue the FTC immediately after the agency finalized its new rule on Tuesday.
"The Federal Trade Commission's decision to ban employer noncompete agreements across the economy is not only unlawful but also a blatant power grab that will undermine American businesses’ ability to remain competitive," Chamber president and CEO Suzanne Clark said in a statement following the FTC's vote.
While the organization claims to fight for the interests of businesses small and large, a Public Citizen report published earlier this year found that the majority of the Chamber's legal work supports big corporations.
The Chamber acknowledged in response to questioning from a pair of Democratic senators last year that its corporate members use noncompete clauses—though the group did not specify which members.
"Why does the U.S. Chamber of Commerce hate dynamism in the American economy, where workers are free to move to the best opportunities, and companies are free to recruit the best talent?" asked University of Massachusetts Amherst economics professor Arin Dube in response to the Chamber's pledge to sue over the FTC's rule.
According to the FTC, its ban would boost the average U.S. worker's earnings by $524 a year, increase new business formation by close to 3% annually, and lower national healthcare costs by nearly $200 billion over the next decade.
"Noncompetes are about reducing competition, full stop. It's in their name," Heidi Shierholz, president of the Economic Policy Institute, said Tuesday. "Noncompetes are bad for workers, bad for consumers, and bad for the broader economy. This rule is an important step in creating an economy that is not only strong but also works for working people."
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300+ Arrested Outside Schumer's Home During Jewish-Led Seder Against Gaza Genocide
"No one is free until everyone is free," read a banner representing a Seder plate. "Jews say stop arming Israel."
Apr 24, 2024
As U.S. Senate Majority Leader Chuck Schumer prepared to vote on Tuesday night for a foreign aid package including billions to continue arming Israel in its bombardment of Gaza, roughly 300 protesters were arrested outside his home in Brooklyn for holding an "emergency Passover seder" protest, demanding the U.S. end its support for an assault that has killed at least 34,262 Palestinians.
The protest was led by anti-Zionist Jewish organizers with Jewish Voice for Peace, IfNotNow, and Jews for Racial and Economic Justice, with a large round banner representing a traditional Seder plate at the center of the protest at Grand Army Plaza, a block from Schumer's home.
Hundreds of people, some wearing traditional Palestinian keffiyehs, linked arms and chanted, "Free, free Palestine!" while blocking traffic and displaying the Seder plate.
"No one is free until everyone is free," read the banner. "Jews say stop arming Israel."
Schumer's home has been the site of numerous protests since October, when Israel began its attacks on and blockade of Gaza, which have left parts of the enclave facing famine and the entire population of 2.3 million people suffering from "acute food insecurity," at a minimum.
"A genocide being carried out in our names as Jews demands that we adapt our sacred tradition again, take to the streets, and do everything we can to prevent more death," author and activist Naomi Klein said at the protest.
The Biden administration has approved numerous weapons transfers to Israel, and the Senate overwhelmingly voted Tuesday night in favor of the package that includes $17 billion more in unconditional aid for the Israel Defense Forces.
Sens. Bernie Sanders (I-Vt.), Peter Welch (D-Vt.), and Jeff Merkley (D-Ore.) were the only members of the Democratic caucus who voted against the funding bill. Fifteen Republicans also opposed the bill over its inclusion of Ukraine aid.
The demonstration at Grand Army Plaza was organized amid a burgeoning protest movement on U.S. college campuses, including at Columbia University, where more than 100 students were suspended and then arrested for trespassing last week after setting up an encampment to demand the school divest from all companies that work with the Israeli government.
The student-led protests have been denounced by President Joe Biden and other pro-Israel critics as "antisemitic" and endangering Jewish students, despite the fact that Jewish students have helped to organize the nonviolent demonstrations.
One organizer, Calvin Harrison, told The New York Times that he attended the Brooklyn protest Tuesday night "because I'm a Jew and I was raised to believe that Judaism is about justice."
"Passover is a celebration of liberation for the future," he told the Times. "We can't celebrate liberation for ourselves while we're oppressing Palestinians."
Yonah Lieberman, co-founder of IfNotNow, recalled the group's Liberation Seder in 2016 in New York, where campaigners protested the Anti-Defamation League's support for the Israeli occupation of the Palestinian territories.
"Eighteen of us were arrested," he said. "Tonight: [Organizers] led a Seder in the streets demanding Schumer stop arming Israel. Hundreds are being arrested. The movement grows."
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