December, 19 2012, 10:41am EDT
For Immediate Release
Contact:
Vesna Jaksic, ACLU national, (212) 284-7347 or 549-2666; media@aclu.org
Rana Elmir, ACLU of Michigan, (313) 578-6816; relmir@aclumich.org
Adela de la Torre, NILC, (213) 674-2832; delatorre@nilc.orgdelatorre@nilc.org
DREAMers Challenge Michigan's Policy Denying Driver's Licenses
Civil Rights Groups File Lawsuit to Ensure Immigrant Youth Authorized to Work in the U.S. Can Drive
DETROIT
Three young immigrants and One Michigan, a youth-led organization that advocates on behalf of immigrants, filed a lawsuit today challenging the state's policy of denying driver's licenses to immigrant youth whom the federal government has allowed to stay and work in the country.
Plaintiff Leen Nour El-Zayat, a third-year pre-medical student at Wayne State University, said she worries about continuing her studies and accepting a job if she cannot drive to school or work.
"I need to be able to drive so I can get a job and attend medical school, which I have wanted to do since I was a little kid," said El-Zayat, 20, who has lived in the United States since she was eight. "I just want to serve as a role model for my younger siblings and continue contributing to my community."
El-Zayat was brought to the U.S. by her family after escaping the war in the Democratic Republic of Congo. Her parents had moved the family from their native Lebanon to the Congo only a year before to secure their personal safety.
"Michigan's governor has said that his goal is to become the most 'pro-immigration' governor in the country; there is nothing more pro-immigration than allowing young people to fulfill their dreams of working and going to school," said Miriam Aukerman, staff attorney with the ACLU of Michigan, which filed the complaint with the ACLU Immigrants' Rights Project and the National Immigration Law Center. "Secretary Johnson's argument that someone can be authorized to work, however, somehow not authorized to be present in this country, defies commonsense and breaks the law."
The federal lawsuit seeks to require Michigan Secretary of State Ruth Johnson to issue driver's licenses to young immigrants who qualify for the federal Deferred Action for Childhood Arrivals (DACA) program and who are otherwise qualified for a license. The DACA program allows some DREAMers - a term commonly used for a certain group of immigrant youth who were brought here as children - to live and work in the United States for a renewable period of two years, without fear of deportation. Johnson has refused to issue licenses to individuals granted deferred action under DACA even though Michigan law requires her to issue licenses to qualified residents who are authorized under federal law to be in the country, and even though the state issues licenses to all other immigrants who receive deferred action.
"Michigan should not join Arizona and Nebraska in standing in the way of talented young immigrants who want to pursue their educational and career goals," said Michael Tan, staff attorney with the ACLU Immigrants' Rights Project. "We need to remove obstacles that prevent our youth from supporting their families, succeeding at school and contributing to a country they call home, and instead focus on common sense immigration reform."
An estimated 1.76 million youth in the United States are eligible for the DACA program, including about 15,000 in Michigan. The ACLU, NILC and other coalition partners already filed a lawsuit challenging a similar policy in Arizona on November 29.
"Secretary Johnson's policy denying driver's licenses to these Michiganders is totally wrong," said Linton Joaquin, general counsel of the National Immigration Law Center. "The plaintiffs in this case, and other young people like them, want to continue contributing to the communities they know and love. We hope that the state will move quickly to reverse its position and do what's best for everyone."
The complaint asks for a ruling that DACA recipients are legally authorized to be in the U.S. and, therefore, are eligible for licenses. The complaint also states that Michigan's policy violates the Supremacy Clause of the U.S. Constitution by interfering with federal immigration law, and violates the Fourteenth Amendment's Equal Protection Clause by discriminating against certain noncitizens. The case, One Michigan v. Ruth Johnson, was filed in the U.S. District Court for the Eastern District of Michigan in Detroit.
For more information about the lawsuit, including a copy of the complaint:
www.aclu.org/immigrants-rights/one-michigan-v-ruth-johnson
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.
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'Shame': Bill Including Warrantless Spying Expansion Passes Senate, Becomes Law
"The Make Everyone A Spy provision will be abused, and history will know who to blame," one civil liberties advocate said.
Apr 20, 2024
The U.S. Senate voted early Saturday morning to reauthorize Section 702 of the Foreign Intelligence Surveillance Act for two years, including a "poison bill" amendment added by the U.S. House that critics and privacy advocates dubbed the "Make Everyone a Spy" provision.
The reauthorization, officially called the Reforming Intelligence and Securing America Act, passed the Senate 60-34 despite the more than 20,000 constituents who called opposing the measure, which the Brennan Center for Justice said would enable "the largest expansion of surveillance on U.S. soil since the Patriot Act." President Joe Biden then signed the bill into law later Saturday.
"It's over (for now)," Elizabeth Goitein, the co-director of the Brennan Center's liberty and national security program, said on social media. "A majority of senators caved to the fearmongering and bush league tactics of the administration and surveillance hawks in Congress, and they sold out Americans' civil liberties."
"There is no defense for putting a tool this dangerous in the hands of any president, and doing so is a historic mark of shame."
Section 702 is the provision that allows U.S. intelligence agencies to spy on non-U.S. citizens abroad without a warrant. Currently, they are able to do so by acquiring communications data from electronic communications service providers like Google, Verizon, and AT&T. The existing provision has already been widely abused and criticized, as the communications of U.S. citizens are often caught up in the searches.
However, an amendment added by Reps. Mike Turner (R-Ohio) and Jim Himes (D-Conn.) redefined electronic communications service providers to include any "service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications."
Former and current U.S. officials toldThe Washington Post that the new language was intended to apply to data cloud storage centers, but civil liberties advocates like Goitein warn it could be used to compel any business—such as a grocery store, gym, or laundry service—to allow the National Security Agency (NSA) to scoop up data from its phones or computers.
"The provision effectively grants the NSA access to the communications equipment of almost any U.S. business, plus huge numbers of organizations and individuals," Goitein wrote on social media early Saturday. "It's a gift to any president who may wish to spy on political enemies, journalists, ideological opponents, etc."
"It is nothing short of mind-boggling that 58 senators voted to keep this Orwellian power in the bill," Goitein wrote.
Privacy advocates also criticized how the vote was forced through, as the Biden administration and Senate leaders including Senate Majority Leader Chuck Schumer (D-N.Y.) and Chairman of the Senate Select Committee on Intelligence Mark Warner (D-Va.) had emphasized that Section 702 was set to expire on Friday and raised alarms about what would happen to national security if the Senate allowed this to happen. However, as The New York Times pointed out, a national security court ruled this month that the program could run for another year even if the law expired.
"The headlines of state-aligned media screech and crow about the nefarious designs of your fellow citizens and the necessity of foreign wars without end, but find few words for a crime against the Constitution."
"Senator Warner and the administration rammed this poison pill through the Senate by fearmongering and saying things that are simply false," Demand Progress policy director Sean Vitka said in a statement. "There is no defense for putting a tool this dangerous in the hands of any president, and doing so is a historic mark of shame."
Once Biden had signed the bill, Vitka added on social media: "Shame on the leaders who let House Intelligence veto reform in the darkness, and ram through terrifying surveillance expansions on the basis of outright lies. The Make Everyone A Spy provision will be abused, and history will know who to blame."
Goitein used similar language to condemn the vote.
"This is a shameful moment in the history of the United States Congress," she said on social media. "It's a shameful moment for this administration, as well. But ultimately, it's the American people who pay the price for this sort of thing. And sooner or later, we will."
NSA whistleblower Edward Snowden added, "America lost something important today, and hardly anyone heard. The headlines of state-aligned media screech and crow about the nefarious designs of your fellow citizens and the necessity of foreign wars without end, but find few words for a crime against the Constitution."
Schumer announced a deal late Friday to vote on a series of amendments to the bill clearing the way toward its passage, according toTheHill. However, all five amendments that would have added greater privacy protections were voted down, The Washington Post reported.
"If the government wants to spy on the private comms of any American, they should be required to get approval from a judge, as the Founding Fathers intended."
These included an amendment from Sen. Richard Durbin (D-Ill.) to require a warrant and another from Sen. Ron Wyden (D-Ore.) to remove the House language expanding the entities who could be forced to spy, according to Roll Call. The amendments were rejected 42-50 and 34-58 respectively.
"Congress' intention when we passed FISA Section 702 was clear as could be—Section 702 is supposed to be used only for spying on foreigners abroad. Instead, sadly, it has enabled warrantless access to vast databases of Americans' private phone calls, text messages, and e-mails," Durbin posted on social media.
"I'm disappointed my narrow amendment to protect Americans while preserving Section 702 as a foreign intel tool wasn't agreed to," Durbin continued. "If the government wants to spy on the private comms of any American, they should be required to get approval from a judge, as the Founding Fathers intended."
Wyden said in a statement: "The Senate waited until the 11th hour to ram through renewal of warrantless surveillance in the dead of night. But I'm not giving up. The American people know that reform is possible and that they don't need to sacrifice their liberty to have security. It is clear from the votes on very popular amendments that senators were unwilling to send this bill back to the House, no matter how common-sense the amendment before them."
Wyden was not the only one who pledged to keep fighting government surveillance overreach.
Vitka praised Durbin and Wyden, as well as other legislative privacy advocates including Sens. Rand Paul (R-Ky.) and Mike Lee (R-Utah) and Reps. Pramila Jayapal (D-Wash.), Warren Davidson (R-Ohio), Zoe Lofgren (D-Calif.), Andy Biggs (R-Ariz.), Jerrold Nadler (D-N.Y.), and Jim Jordan (R-Ohio), saying the lawmakers had "built a formidable foundation from which we will all continue to fight for civil liberties."
Goitein also said the opposition of outspoken senators and concerned citizens were "silver linings."
"Because of the heat we were able to bring, we extracted some promises from the administration and the Senate intelligence committee chair. I do think they'll be forced to make SOME changes to mitigate the worst parts of the law, which they can do by including those changes in an upcoming must-pass vehicle, like the National Defense Authorization Act," she added.
The American Civil Liberties Union also responded to the vote on social media.
"Senators were aware of the threat this surveillance bill posed to our civil liberties and pushed it through anyway, promising they would attempt to address some of the most heinous expansions in the near future," the organization said. "We will do everything in our power to ensure these promises are kept."
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'You All Moved a Mountain': Tennessee Volkswagen Workers Vote to Join UAW
"We're poised to be the first domino of many to fall," one worker at the Chattanooga plant said.
Apr 20, 2024
Workers at a Volkswagen plant in Chattanooga, Tennessee, became the first Southern autoworkers not employed by one of the Big Three car manufacturers to win a union Friday night when they voted to join the United Auto Workers by a "landslide" majority.
This is the first major victory for the UAW after it launched the biggest organizing drive in modern U.S. history on the heels of its "stand up strike" that secured historic contracts with the Big Three in fall 2023.
"Many of the talking heads and the pundits have said to me repeatedly before we announced this campaign, 'You can't win in the South,'" UAW president Shawn Fain told the victorious workers in a video shared by UAW. "They said Southern workers aren't ready for it. They said non-union autoworkers didn't have it in them. But you all said, 'Watch this!' And you all moved a mountain."
"This incredible victory for labor will transform Tennessee and the South!"
According to the UAW's real-time results, the vote tally now stands at 2,628—or 73%—yes to 985—or 27%—no. Voting at the around 4,300-worker plant began Wednesday.
The Chattanooga workers announced their current union drive in December 2023. Friday's victory follows two failed unionization attempts at the plant in 2014 and 2019.
"We saw the big contract that UAW workers won at the Big Three and that got everybody talking," Zachary Costello, a trainer in VW's proficiency room, said in a statement. "You see the pay, the benefits, the rights UAW members have on the job, and you see how that would change your life. That's why we voted overwhelmingly for the union. Once people see the difference a union makes, there's no way to stop them."
The union's win comes despite the opposition of Republican Tennessee Gov. Bill Lee.
"Today, I joined fellow governors in opposing the UAW's unionization campaign," Lee said on social media Tuesday. "We want to keep good-paying jobs and continue to grow the American auto manufacturing sector. A successful unionization drive will stop this growth in its tracks, to the detriment of American workers."
However, Tennessee State Rep. Justin Jones (D-52) celebrated the win.
"Watching history tonight in Chattanooga, as Volkswagen workers voted in a landslide to join the UAW," he wrote on social media Friday night. "Despite pressure from Gov. Lee, this is the first auto plant in the South to unionize since the 1940s. This incredible victory for labor will transform Tennessee and the South!"
Other national labor leaders and progressive politicians also congratulated the Chattanooga workers.
Lee Saunders, president of the American Federation of State, County, and Municipal Employees, said the win "shows what we already know—workers in every part of this country want the freedom to join a union, and when we stand together, we have tremendous power. Even though the deck is stacked against us, momentum is on our side, and we're winning."
Sen. Bernie Sanders (I-Vt.) said: "This is a huge victory not only for UAW workers at Volkswagen, but for every worker in America. The tide is turning. Workers all across the country, even in our most conservative states, are sick and tired of corporate greed and are demanding economic justice."
"I think it's a great push for the entire South, and people will follow suit."
Rep. Alexandria Ocasio-Cortez (D-N.Y.) called the results "an utterly historic victory for the working class."
"Tennessee is shining bright tonight," she wrote on social media Friday. "We are in a new era. Congratulations to the courageous workers in Chattanooga and the entire UAW. Absolutely heroic. Solidarity IS the strategy—across the South, and all over the country."
More Perfect Union said the victory would "change the auto industry, and the future of American labor," and the campaign organizers themselves are aware of the importance of what they've accomplished.
"We understand that the world's watching us," worker Isaac Meadows, who has been at the plant for one year, told More Perfect Union. "You know there's a labor movement in this country, you know, we're poised to be the first domino of many to fall."
Worker Kelcey Smith, who has also been at the plant for one year, added, "I think it's a great push for the entire South, and people will follow suit."
The next domino to fall could be the Mercedes-Benz plant in Vance, Alabama, where a UAW election is scheduled from May 13-17. All told, more than 10,000 non-union car makers have signed union cards since the UAW launched its historic organizing drive.
For the Chattanooga workers, meanwhile, their next big fight will be to secure their first union-negotiated contract.
"The real fight begins now," Fain told cheering workers. "The real fight is getting your fair share. The real fight is the fight to get more time with your families. The real fight is the fight for our union contract."
"And I can guarantee you one thing," Fain continued, "this international unionist leadership, this membership all over this nation has your back in this fight."
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Sanders, Booker, and Welch Unveil Ban on Junk Food Ads Targeting Kids
"We cannot continue to allow large corporations in the food and beverage industry to put their profits over the health and wellbeing of our children," said Sen. Bernie Sanders.
Apr 19, 2024
A trio of U.S. senators on Friday introduced what's being billed as first-of-its-kind legislation sponsors say will "take on the greed of the food and beverage industry and address the growing diabetes and obesity epidemics" with a federal ban on junk food ads targeting children.
The Childhood Diabetes Reduction Act—introduced by Sens. Bernie Sanders (I-Vt.), Cory Booker (D-N.J.), and Peter Welch (D-Vt.)—would also require warning labels "on sugar-sweetened foods and beverages; foods and beverages containing non-sugar sweeteners; ultra-processed foods; and foods high in nutrients of concern, such as added sugar, saturated fat, or sodium."
"Let's be clear: The twin crises of type 2 diabetes and obesity in America are being fueled by the food and beverage industry that, for decades, has been making massive profits by enticing children to consume unhealthy products purposely designed to be overeaten," Sanders—who chairs the Senate Health, Education, Labor, and Pensions (HELP) Committee—said in a statement. "We cannot continue to allow large corporations in the food and beverage industry to put their profits over the health and wellbeing of our children."
"Nearly 30 years ago, Congress had the courage to take on the tobacco industry, whose products killed more than 400,000 Americans every year," Sanders added. "Now is the time for Congress to act with the same sense of urgency to combat these diabetes and obesity epidemics. That means banning junk food ads targeted to kids and putting strong warning labels on food and beverages with unacceptably high levels of sugar, salt, and saturated fat."
Booker said that "the future of our nation depends on a continued investment in the health and wellbeing of our children," adding that "more and more of our children are developing diabetes and obesity primarily because a handful of corporate food giants push addictive, ultra-processed foods to drive up their profits."
"By banning junk food advertising to children, implementing front-of-package warning labels, and funding research on the dangers of ultra-processed foods, we can rein in the predatory behavior of big food companies and ensure a healthier future for generations to come," he added.
As the senators noted:
Today, more than 35 million Americans are struggling with type 2 diabetes—90% of whom are overweight or obese. These crises go hand-in-hand and children are severely impacted. Today, 1 out of 5 five kids are living with obesity. A serious illness unto itself, diabetes is also a contributing factor to heart disease, stroke, amputations, blindness, and kidney failure. Unless the U.S. dramatically changes course, these numbers will continue to grow exponentially.
The impact on the economy is enormous: Last year, the total cost of diabetes exceeded $400 billion, approximately 10% of overall U.S. healthcare expenditures.
Meanwhile, the U.S. food and beverage industry spends about $14 billion annually on marketing unhealthy products, with $2 billion of that spent on advertising these products to children.
"Our food environment has become dominated by ultra-processed foods that have more in common with a cigarette than a fruit or vegetable," said Ashley Gearhardt, director of the Food and Addiction Science & Treatment Lab at the University of Michigan. "Many ultra-processed foods are hyperpalatable and trigger the core signs of addiction, like intense cravings and a loss of control over intake."
"The American public is not adequately warned about the risks associated with these products and children are a key marketing demographic for ultra-processed foods with unhealthy nutrient profiles," Gearhardt added. "The Childhood Diabetes Reduction Act is a courageous step towards promoting the physical and mental health of American children."
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