July, 15 2009, 01:33pm EDT
For Immediate Release
Contact:
Maria Archuleta, (212) 519-7808; media@aclu.org
Linda Paris, (202) 675-2312; media@dcaclu.org
ACLU Demands Disclosure of New Parameters for Flawed State and Local Immigration Enforcement Program
Federal 287(g) Initiative Results in Illegal Profiling and Threatens Public Safety
WASHINGTON
The
American Civil Liberties Union filed a Freedom of Information Act
request Tuesday for new documents governing the continued delegation to
state and local law enforcement agencies of federal immigration
enforcement authority. The fundamentally flawed program has been
associated with serious civil rights abuses and public safety concerns.
Secretary
Janet Napolitano announced Friday that the Department of Homeland
Security had developed a new standardized Memorandum of Agreement (MOA)
for use when it delegates immigration enforcement authority to specific
agencies under Section 287(g) of the Immigration and Nationality Act.
She also announced that DHS had entered into new MOAs with 11
additional law enforcement agencies. However, DHS refused requests by
journalists and the public to release the 11 recently-signed MOAs and
the new standardized agreement, even though DHS routinely made 287(g)
MOAs public under the Bush administration.
"No
amount of tinkering with the 287(g) program is likely to solve the fact
that it threatens public safety and undermines the basic guarantee of
equal treatment by increasing profiling of people who look or sound
'foreign,'" said Omar Jadwat, staff attorney with the ACLU Immigrants'
Rights Project. "Still, DHS's refusal to disclose these new documents
is a disappointing and legally unsupportable step back from with
Bush administration practice and makes it impossible to fully evaluate
the changes to this highly controversial program. DHS should
immediately release the documents we have requested."
The
ACLU has long sought to end the 287(g) agreements between DHS and state
or local agencies that are, by design, fundamentally flawed. The
287(g) agreements have encouraged illegal racial profiling and civil
rights abuses as well as the mistaken and unlawful detention and
deportation of U.S. citizens and permanent residents, as reflected in a
series of lawsuits, all while diverting scarce resources from
traditional local law enforcement functions.
"Enforcement
of immigration law, like tax law, belongs exclusively to the federal
government. One body of immigration law governs the entire country;
those laws are written and passed by Congress and should be enforced by
federal law enforcement, not by local and state police," said Joanne
Lin, ACLU Legislative Counsel. "There is a specialized federal agency
to focus on immigration enforcement - DHS - just as there is a
specialized federal agency to focus on tax compliance and enforcement -
the IRS. State and local police do not pull drivers over for tax law
violations; likewise they should not pull drivers over for immigration
law violations. The 287(g) program has proven to be a failure --
resulting in rampant illegal
profiling by local police under the cloak of federal immigration
enforcement power. DHS needs to terminate, not tweak, the 287(g)
program."
This
past April, the Police Foundation, a leading nonpartisan, research and
training nonprofit dedicated to improving public safety, reported that
many sheriffs and police chiefs across the country disapprove of the
local immigration enforcement program. According to the Police
Foundation study, law enforcement executives believe that "immigration
enforcement by local police undermines their core public safety
mission, diverts scarce resources, increases their exposure to
liability and litigation, and exacerbates fear in communities already
distrustful of police."
In
recent months, Congress held two oversight hearings and heard from U.S.
citizens who have been profiled and detained by local police acting
under 287(g) programs. In addition to charges of 287(g) program
"mismanagement" by the Government Accountability Office, the DHS
Inspector General has undertaken an audit of the 287(g) program and the
Department of Justice has launched a civil rights investigation into
the Maricopa County Sheriff's Office, which has an extensive 287(g)
program.
In February, a federal court decided that a class action lawsuit, Ortega Melendres v. Arpaio,
could proceed against Sheriff Joe Arpaio. In that case, the ACLU is
co-counsel for Latino plaintiffs who were subjected to racial profiling
and police misconduct by the Sheriff's Office in Maricopa County,
Arizona, a jurisdiction with the most aggressive 287(g) program in the
country. In another case, the ACLU has sued on behalf of Pedro Guzman,
a U.S. citizen born in California, who was illegally deported under Los
Angeles County Sheriff Office's 287(g) program. These cases are still
pending.
"If
the Department of Homeland Security cannot recognize failure when
everyone else involved sees it, Congress should exercise its oversight
and monitoring responsibilities to end the 287(g) program," added
Lin. "Minor modifications are not enough to fix this fundamentally
flawed program."
The ACLU's FOIA request can be found at: https://www.aclu.org/immigrants/gen/40308lgl20090714.html
For the DHS release about the revamped and expanded 287 (g) program, go to https://www.dhs.gov/ynews/releases/pr_1247246453625.shtm
For ACLU's submitted testimony on 287 (g) program, go to:
https://www.aclu.org/immigrants/gen/39062leg20090304.html
For ACLU report on racial and ethnic profiling in America, go to
https://www.aclu.org/intlhumanrights/racialjustice/40055pub20090629.html
For more information about the Ortega Melendres v. Arpaio case, go to https://www.aclu.org/immigrants/gen/35998lgl20080716.html#attach
For more details about the Guzman case, go to
https://www.aclu-sc.org/releases/view/102796
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
Biden Signs TikTok Ban—Among the 'Stupidest and Most Authoritarian' Tech Bills
One critic said that "the bill doesn't touch the homegrown spyware U.S. companies churn out" and "also strikes at the First Amendment right to receive information."
Apr 24, 2024
Digital rights defenders on Wednesday slammed the passage of a U.S. foreign aid package containing a possible nationwide TikTok ban as unconstitutional, xenophobic, and ill-advised during an election year in which President Joe Biden desperately needs as many young votes as possible.
Biden signed the $95 billion bill late Wednesday morning after senators voted 79-18 the previous evening to approve the package, which includes tens of billions of dollars in U.S. military assistance for Ukraine, Taiwan, and Israel—which is waging a genocidal war against Palestinians in Gaza.
One of the bill's provisions would force ByteDance, TikTok's Chinese parent company, to sell the app to a non-Chinese company within a year or face a federal ban. Approximately 170 million Americans use TikTok, which is especially popular among members of Gen-Z and small-to-medium-sized businesses, and contributes tens of billions of dollars to the U.S. economy annually.
"Whether it's dressed up as a ban or a forced sale, the bill targeting TikTok is one of the stupidest and most authoritarian pieces of tech legislation we've seen in years," Fight for the Future director Evan Greer said in a statement.
Jenna Leventoff, senior policy counsel at the ACLU, called the provision "nothing more than an unconstitutional ban in disguise."
"Banning a social media platform that hundreds of millions of Americans use to express themselves would have devastating consequences for all of our First Amendment rights, and will almost certainly be struck down in court," she added.
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, said:
The First Amendment means that the government can't restrict Americans' access to ideas, information, or media from abroad without a very good reason for it—and no such reason exists here. Repackaging the government's reasons for the ban in the language of "national security" does not change the analysis. There's no national security exception to the First Amendment, and creating such an exception would make the First Amendment a dead letter.
Proponents of the possible ban attempted to spin it as something else and pointed to precedents including the 2020 forced sale of the popular LGBTQ+ dating app Grindr, formerly owned by a Chinese company.
"I want to be very clear: This is not a 'TikTok ban,'" Sen. John Fetterman (D-Pa.), who voted to approve the bill, said in a statement. "I have no interest in banning TikTok. This bill will simply make TikTok safer by separating it from the Chinese Communist Party so that the data of 170 million Americans—many of whom are children—is protected."
Senate Commerce Committee Chair Maria Cantwell (D-Wash.) said before Tuesday's vote that "Congress is acting to prevent foreign adversaries from conducting espionage, surveillance, maligned operations, harming vulnerable Americans, our servicemen and women, and our U.S. government personnel."
"Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda."
However, Kate Ruane, who directs the Center for Democracy & Technology's Free Expression Project, asserted that "Congress shouldn't be in the business of banning platforms. They should be working to enact comprehensive privacy legislation that protects our private data no matter where we choose to engage online."
Greer said that "not only is this bill laughably unconstitutional and a blatant assault on free expression and human rights, it's also a perfect way to derail momentum toward more meaningful policies like privacy and antitrust legislation that would actually address the harms of Big Tech and surveillance capitalism."
Greer continued:
Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda.
We could be months away from another Trump administration, and top Democrats are busy expanding mass surveillance authority and setting the precedent that the government can ban an entire social media app based on vague 'national security' concerns that haven't been explained to the public.
Some critics questioned the wisdom of Biden signing off on a potential ban of the most popular social media app among many young users during an election year in which many younger voters are disappointed in the president's record on climate, student debt relief, the Gaza genocide, and more.
One user of X, the social platform formerly known as Twitter, said earlier this year that signing the bill would demonstrate a "comical level of political malpractice, the equivalent of seeing the rake on the ground and purposefully stepping on it."
Moments after Biden signed the bill, TikTok CEO Shou Zi Chew
vowed, "We aren't going anywhere."
"The facts and the Constitution are on our side and we expect to prevail again," he said, referring to the three times when federal judges blocked efforts to ban TikTok.
TikTok CEO Shou Chew responds to the bill that could ban the app: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice.”
“Rest assured, we aren’t going anywhere.”
pic.twitter.com/qElI8JvY0D
— philip lewis (@Phil_Lewis_) April 24, 2024
In the most recent case, U.S. District Court Judge Donald Molloy ruled last December that a Montana law that would have banned the app "violates the Constitution in more ways than one" and had a "pervasive undertone of anti-Chinese sentiment."
It is unclear who would buy TikTok. Analysts estimate the platform is worth upward of $100 billion, placing it out of reach for all but the biggest U.S. tech titans and, ironically, setting up possible antitrust challenges from the very administration that ultimately forced the sale.
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"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.
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"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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