April, 02 2010, 01:55pm EDT
DHS Report Confirms Serious Civil Rights Problems With Local Immigration Enforcement Program
ACLU Calls For Immediate Termination Of ICE 287(g) Program
WASHINGTON
A report from the Department of
Homeland Security (DHS) Office of Inspector General (OIG) reveals
several critical problems surrounding Immigration and Customs
Enforcement's (ICE) 287(g) program, which allows certain state and local
law enforcement agencies to engage in federal immigration enforcement
activities.
The
American Civil Liberties Union has strongly opposed the 287(g) program,
believing it has led to illegal racial profiling and civil rights abuses
while diverting scarce resources from traditional local law enforcement
functions and distorting immigration enforcement priorities. The OIG
report affirms these concerns, and the ACLU calls for the immediate
termination of the 287(g) program.
American Civil Liberties Union has strongly opposed the 287(g) program,
believing it has led to illegal racial profiling and civil rights abuses
while diverting scarce resources from traditional local law enforcement
functions and distorting immigration enforcement priorities. The OIG
report affirms these concerns, and the ACLU calls for the immediate
termination of the 287(g) program.
"The
DHS OIG report confirms in detail what the ACLU has known for many years
- that the 287(g) program, fundamentally flawed and incompetently
administered, presents serious civil rights and civil liberties problems
for U.S. citizens and immigrants," said Joanne Lin, ACLU Legislative
Counsel. "ICE has completely shirked its legal duty to train and
supervise 287(g) officers and has instead unleashed a slew of
unmonitored state and local law officers across America - many of whom
are using federal immigration authority as a cloak to engage in racial
profiling. The program should be terminated and de-funded."
DHS OIG report confirms in detail what the ACLU has known for many years
- that the 287(g) program, fundamentally flawed and incompetently
administered, presents serious civil rights and civil liberties problems
for U.S. citizens and immigrants," said Joanne Lin, ACLU Legislative
Counsel. "ICE has completely shirked its legal duty to train and
supervise 287(g) officers and has instead unleashed a slew of
unmonitored state and local law officers across America - many of whom
are using federal immigration authority as a cloak to engage in racial
profiling. The program should be terminated and de-funded."
The
report finds lack of oversight, training and other failures in the
287(g) program and makes it clear that the program does not have
adequate safeguards against racial profiling and other civil rights
abuses. Many state and local agencies accepted for the program have a
documented history of serious allegations of constitutional violations.
report finds lack of oversight, training and other failures in the
287(g) program and makes it clear that the program does not have
adequate safeguards against racial profiling and other civil rights
abuses. Many state and local agencies accepted for the program have a
documented history of serious allegations of constitutional violations.
Under
the 287(g) program, ICE has failed to:
the 287(g) program, ICE has failed to:
- establish
appropriate performance measures and targets to determine whether
program results are aligned with program goals; - develop
guidance for supervising ICE officers; - provide
adequate 287(g) program oversight; - establish
a thorough review and selection process for law enforcement agencies
requesting to participate in the 287(g) program; - establish
data collection and reporting requirements to address civil rights and
civil liberties concerns; - provide
adequate 287(g) training programs; - provide
accurate and honest program information to Congress and the public; and - standardize
287(g) officers' access to DHS information systems.
"The
287(g) program, as this latest report confirms, all but abandons the
constitutional guarantees of fair treatment and due process, and
encourages racial and ethnic profiling. Immigration enforcement must
respect civil liberties, and it's clear the current 287(g) program does
not come close," said Laura W. Murphy, Director of the ACLU Washington
Legislative Office. "The 287(g) program also undermines public safety by
exacerbating fear of the police in communities already distrustful of
law enforcement."
287(g) program, as this latest report confirms, all but abandons the
constitutional guarantees of fair treatment and due process, and
encourages racial and ethnic profiling. Immigration enforcement must
respect civil liberties, and it's clear the current 287(g) program does
not come close," said Laura W. Murphy, Director of the ACLU Washington
Legislative Office. "The 287(g) program also undermines public safety by
exacerbating fear of the police in communities already distrustful of
law enforcement."
The
report outlines how local agencies exploited the 287(g) program's
defects to engage in systemic civil rights abuses. Although an ICE fact
sheet describes how the 287(g) program does not allow state and local
agencies to perform "random street operations," the OIG report describes
how one agency improperly engaged in "random street operations" to
target "minor offenses and violations of local ordinances," while
claiming to act under their 287(g) agreement. In addition, although
287(g) officers are only authorized to use federal immigration authority
to take people into custody as a result of violating state or local
criminal law, the OIG report found incidents of immigrants being
arrested for federal immigration violations without prior arrests on
state or local charges.
report outlines how local agencies exploited the 287(g) program's
defects to engage in systemic civil rights abuses. Although an ICE fact
sheet describes how the 287(g) program does not allow state and local
agencies to perform "random street operations," the OIG report describes
how one agency improperly engaged in "random street operations" to
target "minor offenses and violations of local ordinances," while
claiming to act under their 287(g) agreement. In addition, although
287(g) officers are only authorized to use federal immigration authority
to take people into custody as a result of violating state or local
criminal law, the OIG report found incidents of immigrants being
arrested for federal immigration violations without prior arrests on
state or local charges.
"The
OIG report's message is clear," said Cecillia Wang, managing attorney of
the ACLU Immigrants' Rights Project. "ICE can no longer stand by idly
while local agencies use their 287(g) agreements as cover to engage in
the rampant abuse of people's constitutional rights. People in 287(g)
communities should have the right to go about their business without
being stopped for no other reason than that they 'look foreign' to a
police officer."
OIG report's message is clear," said Cecillia Wang, managing attorney of
the ACLU Immigrants' Rights Project. "ICE can no longer stand by idly
while local agencies use their 287(g) agreements as cover to engage in
the rampant abuse of people's constitutional rights. People in 287(g)
communities should have the right to go about their business without
being stopped for no other reason than that they 'look foreign' to a
police officer."
The
Department of Homeland Security Office of Inspector General's report is
available at: www.dhs.gov/xoig/assets/mgmtrpts/OIG_10-63_Mar10.pdf
Department of Homeland Security Office of Inspector General's report is
available at: www.dhs.gov/xoig/assets/mgmtrpts/OIG_10-63_Mar10.pdf
The
ACLU's submitted testimony on the 287(g) program can be found at: www.aclu.org/immigrants/gen/39062leg20090304.html
ACLU's submitted testimony on the 287(g) program can be found at: www.aclu.org/immigrants/gen/39062leg20090304.html
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
Supreme Court Signals It Will Uphold 'State-Sanctioned Discrimination' in Transgender Care Case
"We the people means all the people," said the ACLU. "There is no 'transgender' exception to the U.S. Constitution."
Dec 04, 2024
Attorneys who argued against Tennessee's ban on gender-affirming healthcare at the U.S. Supreme Court on Wednesday expressed hope that the court's nine justices will take "the opportunity to affirm the essential freedom and equality of all people before the law," while reports indicated that the right-wing majority is inclined to uphold the ban.
"Every day this law inflicts further pain, injustice, and discrimination on families in Tennessee and prevents them from receiving the medical care they need," said Lucas Cameron-Vaughn, staff attorney at the ACLU of Tennessee, which represented three families and a physician. "We ask the Supreme Court to commit to upholding the promises of the U.S. Constitution for all people by putting an end to Tennessee's state-sanctioned discrimination against trans youth and their families."
The law, S.B. 1, which was passed in March 2023, bars medical providers from prescribing puberty-delaying medications, other hormonal treatment, and surgical procedures to transgender minors and youths with gender dysphoria.
The Supreme Court case, United States v. Skrmetti, applies only to the ban on puberty blockers and hormonal therapy for minors; a lower court found the plaintiffs did not have legal standing to challenge the surgery ban.
The ACLU, the ACLU of Tennessee, Lambda Legal, and a law firm were joined by the Biden administration in arguing that Tennessee allows doctors to prescribe puberty blockers and other hormonal treatments for youths with congenital defects, early puberty, diseases, or physical injuries.
As such, said the plaintiffs, Tennessee's ban for transgender and nonbinary youths violates the U.S. Constitution's 14th Amendment, which guarantees equal treatment under the law.
"My heart—and the heart of every transgender advocate fighting this fight—is heavy with the weight of what these laws mean for people's everyday lives."
The court's three liberal justices—Justices Sonya Sotomayor, Elena Kagan, and Ketanji Brown Jackson—all indicated they believed Tennessee has tried to classify people according to sex or gender with the law.
"One of the articulated purposes of this law is essentially to encourage gender conformity and to discourage anything other than gender conformity," said Kagan. "Sounds to me like, 'We want boys to be boys and we want girls to be girls,' and that's an important purpose behind the law."
Matthew Rice, the lawyer representing Tennessee in the case, claimed the state simply wants to prevent "regret" among minors, and the court's six conservative justices signaled they were inclined to allow Tennessee to ban the treatments—which are endorsed by the American Academy of Pediatrics and other top medical associations.
Chief Justice John Roberts said the nine justices should not overrule the decision made by lawmakers representing Tennessee residents, considering there is debate over the issue, and pointed to changes some European countries have made to their gender-affirming care protocols for minors.
Representing the Biden administration, U.S. Solicitor General Elizabeth Prelogar acknowledged that there has been debate about gender-affirming care in the U.S. and abroad, but pointed out that countries including the U.K. and Sweden have not outright banned treatment.
"I think that's because of the recognition that this care can provide critical, sometimes lifesaving benefits for individuals with severe gender dysphoria," she said.
Following the arguments, plaintiff Brian Williams, who has a 16-year-old daughter in need of gender-affirming care, addressed supporters who had assembled outside the Supreme Court.
"Tennessee's ban on gender-affirming medical care is an active threat to the future my daughter deserves," said Williams. "It infringes not only on her freedom to be herself but on our family's love for her. We are not expecting everyone to understand everything about our family or the needs of transgender young people like our daughter. What we are asking for is for her freedom to be herself without fear. We are asking for her to be able to access the care she needs and enter adulthood knowing nothing is holding her back because of who she is."
Sotomayor said there is "very clear" evidence "that there are some children who actually need this treatment."
A 2022 study led by researchers at the University of Washington found that transgender and nonbinary youths aged 13-20 were 60% less likely to experience moderate or severe depression and 73% less likely to be suicidal after receiving gender-affirming care.
Prelogar asked the justices to "think about the real-world consequences of laws like S.B. 1," highlighting the case of a plaintiff identified as Ryan Roe.
Roe had such severe gender dysphoria that "he was throwing up before school every day," said Prelogar. "He thought about going mute because his voice caused him so much distress. And Ryan has told the courts that getting these medications after a careful consultation process with his doctors and his parents, has saved his life."
"But Tennessee has come in and categorically cut off access to Ryan's care," she added. "This law harms Ryan's health and the health of all other transgender adolescents for whom these medications are a necessity."
Tennessee is home to about 3,100 transgender teenagers, and about 110,000 transgender youths between the ages of 13-17 live in the 24 states where gender-affirming care is restricted.
More than 20 states have laws that could be impacted by the court's ruling in United States v. Skrmetti.
"My heart—and the heart of every transgender advocate fighting this fight—is heavy with the weight of what these laws mean for people's everyday lives," said Chase Strangio, co-director of the ACLU's LGBTQ & HIV Project. "But I also know that every out trans person has embraced the unknown in the name of living free from shame or the limits of other people's expectations."
"My heart aches for the parents who spent years watching their children in distress and eventually found relief in the medical care that Tennessee now overrides their judgment to ban," said Strangio. "Whatever happens today, tomorrow, and in the months and years to come, I trust that we will come together to fight for the realized promise of our Constitution's guarantee of equal protection for all."
A ruling in the case is expected in June.
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The town of Carrboro, North Carolina filed a lawsuit Wednesday accusing the utility company Duke Energy of carrying out a "knowing deception campaign concerning the causes and dangers posed by the climate crisis."
The municipality—which is near Chapel Hill and is after compensation for damages it has suffered or will suffer as a result of the alleged deception campaign—is the first town in the United States to challenge an electric utility for public deception about the dangers of fossil fuels and seek damages for the harms those emissions have created, according to the town's mayor, Barbara Foushee.
The case was filed in North Carolina Superior Court and argues that Duke Energy has engaged in a "greenwashing" campaign to convince the public it sought to address the climate emergency.
"In reliance upon these misrepresentations, the public has continued to conduct business with Duke under the mistaken belief that the company is committed to renewable energy," according to the filing.
"We have to speak truth to power as we continue to fight the existential threat that is climate change. The climate crisis continues to burden our community and cost residents their hard-earned tax dollars," said Foushee, according to a press release.
Mayor Pro Tem Danny Nowell added that "it's time for us to hold Duke Energy accountable for decades of deception, padding executives' pockets while towns like ours worked to mitigate the harmful effects of climate change. This suit will allow the Town of Carrboro to invest new resources into building a stronger, more climate-resilient community, using the damages justly due to our residents to reimagine the ways we prepare for our climate reality."
According to the lawsuit, Carrboro will be forced to spend millions of dollars either repairing or shoring up public infrastructure as a result of more frequent and devastating storms, which scientists agree are caused by climate change.
The complaint comes not long after the release of a report, Duke Energy Knew: Documenting the Utility’s Early Knowledge and Ongoing Deception About Climate Change, from the Energy and Policy Institute, a watchdog group. According to the report, Duke Energy well understood the risks posed by burning fossil fuels as far back as the 1960s, but chose to take part in promoting disinformation about climate science. In more recent years, the utility continued to pursue fossil fuels while blocking renewable energy development, according to the report's authors. Much of this research is referenced in the lawsuit.
As one example of its "deception," the lawsuit points to Duke Energy's participation in the the Global Climate Coalition, an entity created with the intent of opposing action to curb the climate crisis.
Duke Energy was the third largest emitter of greenhouse gasses in 2021, according to a breakdown from the Political Economy Research Institute at the University of Massachusetts, Amherst, which ranked U.S. companies in terms of their CO2-equivalent greenhouse gas emissions.
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Dozens of civil rights and pro-democracy organizations teamed up Wednesday to express opposition to President-elect Donald Trump's push to use recess appointments to evade the Senate confirmation process for his political nominees, many of which have
glaring conflicts of interest.
The 70 groups—including People For the American Way, Public Citizen, the Constitutional Accountability Center, and the NAACP—sent a letter to U.S. senators arguing that Senate confirmation procedures provide "crucial data" that helps lawmakers and the public "evaluate nominees' fitness for the important positions to which they are nominated."
"The framers of the Constitution included the requirement of Senate 'Advice and Consent' for high-ranking officers for a reason: The requirement can protect our freedom, just as the Bill of Rights does, by providing an indispensable check on presidential power," reads the new letter. "None of that would happen with recess appointments. The American people would be kept in the dark."
Since his victory in last month's election, Trump has publicly expressed his desire to bypass the often time-consuming Senate confirmation process via recess appointments, which are allowed under the Constitution and have been used in the past by presidents of both parties. The need for Senate confirmation is already proving to be a significant obstacle for the incoming administration: Trump's first attorney general nominee, Matt Gaetz, withdrew amid seemingly insurmountable Senate opposition, and Pentagon nominee Pete Hegseth appears to be on the ropes.
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