July, 28 2010, 03:40pm EDT
For Immediate Release
Contact:
Maria Archuleta, ACLU, (212) 519-7808 or 549-2666; media@aclu.org
Jon O'Neill, ACLU of Arizona, (602) 773-6007; joneill@acluaz.org
Laura Rodriguez, MALDEF, (310) 956-2425; lrodriguez@maldef.org
Adela de la Torre, NILC, (213) 400-7822; delatorre@nilc.org
Karin Wang, APALC, (213) 241-0234 or 999-5640; kwang@apalc.org
Marco Loera, NDLON, (602) 373-3859; mloera@ndlon.org
Leila McDowell, NAACP, (202) 463-2940 ext. 1021; lmcdowell@naacpnet.org
Court Blocks Implementation Of Key Sections Of Arizona's Racial Profiling Law
PHOENIX
Ensuring
that Arizona law enforcement will not be required to demand "papers"
from people they stop who they suspect are "unlawfully present" in the
U.S., a federal court in Phoenix today blocked key provisions of
Arizona's racial profiling law, scheduled to go into effect on July 29,
pending a final court ruling on its constitutionality. The ruling came
in a lawsuit filed by the Department of Justice challenging the Arizona
law. The ruling vindicates similar claims made by the American Civil
Liberties Union and a coalition of civil rights groups in a separate
lawsuit challenging the discriminatory measure.
The blocked sections under the law include the following provisions:
- The requirement that police
officers investigate the immigration status of all individuals they stop
if the officers suspect that they are in the country unlawfully; - The mandatory detention of
individuals who are arrested, even for minor offenses that would
normally result in a ticket, if they cannot verify that they are
authorized to be in the U.S.; - The new statute imposing
state criminal penalties for non-citizens failing to register with the
Department of Homeland Security or failing to carry registration
documents; - The provision for warrantless
arrest of individuals who are deemed by state or local police officers
to be "removable" from the U.S.; and - The new state statute making it a crime for alleged undocumented immigrants to work.
The court did not block the
provision that criminalizes the solicitation of employment on public
streets or the provision that forbids local police agencies from
adopting policies that limit or restrict enforcement of federal
immigration laws.
The civil rights coalition that also
challenged the law includes the ACLU, MALDEF, National Immigration Law
Center (NILC), Asian Pacific American Legal Center (APALC) - a member of
the Asian American Center for Advancing Justice, ACLU of Arizona,
National Day Laborer Organizing Network (NDLON) and the National
Association for the Advancement of Colored People (NAACP). The law firm
of Munger, Tolles & Olson LLP is acting as co-counsel in the case.
The coalition's lawsuit, filed on May
17 and argued the same day as the Justice Department's case, challenges
SB 1070 on legal grounds raised in the Justice Department's lawsuit as
well as others including that the law invites the racial profiling of
people of color, violates the First Amendment and interferes with
federal law. According to the coalition, the law would subject massive
numbers of people - both citizens and non-citizens - to racial
profiling, improper investigations and detention.
The following quotes can be attributed to members of the coalition, as listed below.
Anthony D. Romero, Executive Director of the ACLU:
"This is a major step that will help
protect the residents of Arizona against racial profiling and
discrimination, and the Obama administration deserves praise for its
principled decision to challenge this law despite pressure to stay
silent. A single state's frustration with federal policy cannot be
allowed to hijack federal authority or dictate federal priorities in
ways that impede effective law enforcement, threaten the rights of
citizens and non-citizens alike and violate core American values."
Nina Perales, Regional Counsel Southwest Region for MALDEF:
"Today's ruling guts the
unconstitutional immigration scheme that Arizona wanted to establish.
The judge's decision further shows that SB 1070 is an unconstitutional
attempt by the state to take over the federal immigration system within
Arizona's borders. States around the nation should take heed that any
similar efforts will not succeed."
Linton Joaquin, General Counsel of NILC:
"With today's ruling, Judge Bolton
enjoined the most egregious provisions of SB 1070, a dangerous enactment
that threatens the fundamental rights of countless Arizonans and
visitors. Other states following in Arizona's misguided footsteps should
consider themselves forewarned: attempts to trample on the
constitutional rights of communities of color in this country must not
be permitted. We look forward to showing, through our lawsuit, that this
pernicious law should be taken off Arizona's books permanently."
Alessandra Soler Meetze, Executive Director of the ACLU of Arizona:
"This is a first step toward a
victory for civil liberties in Arizona. We eagerly anticipate proving to
the court that this reactionary racial profiling law violates the
Constitution so we can begin the real work of crafting practical
solutions that address our nation's immigration concerns rather than
violate fundamental American values."
Julie Su, Litigation Director of APALC:
"We applaud the judge for seeing the
imminent danger of having this law enacted. SB 1070 presents a distinct
and separate immigration scheme that conflicts with federal law and
policy, and would have a devastating impact on Asian Americans, Pacific
Islanders, Latinos and other people of color in Arizona. Indeed, some of
those negative effects have already been felt. This ruling makes clear
that intimidation of immigrant communities, pretextual stops to ask for
'papers,' and rhetoric about who belongs in Arizona and who doesn't
under the guise of enforcing SB 1070 should cease immediately."
Pablo Alvarado, Director of NDLON:
"If history is any guide, the road
ahead in Arizona will be a long one. Today was one stop along the way,
and we while we have complete faith in the legal process to ultimately
defend the United States Constitution, we will not declare victory until
SB 1070 is stopped in its entirety and until civil rights of all people
in Arizona are fully protected."
Organizations and attorneys on the case, Friendly House et al. v. Whiting et al., include:
- ACLU Immigrants' Rights Project: Lucas Guttentag, Omar Jadwat, Cecillia Wang, Tanaz Moghadam and Harini P. Raghupathi;
- MALDEF:
Perales, Thomas A. Saenz, Cynthia Valenzuela Dixon, Victor Viramontes,
Gladys Limon, Nicholas Espiritu and Ivan Espinoza-Madrigal; - NILC: Joaquin, Karen Tumlin, Nora A. Preciado, Melissa S. Keaney, Vivek Mittal and Ghazal Tajmiri;
- ACLU Foundation of Arizona: Dan Pochoda and Annie Lai;
- APALC: Su, Ronald Lee, Yungsuhn Park, Connie Choi and Carmina Ocampo;
- NDLON: Chris Newman;
- NAACP: Laura Blackburne;
- Munger Tolles & Olson LLP: Bradley S. Phillips, Paul J. Watford, Joseph J. Ybarra, Susan T. Boyd, Yuval Miller, Elisabeth J. Neubauer and Benjamin Maro;
- Roush, McCracken, Guerrero, Miller & Ortega: Daniel R. Ortega, Jr.
The motion for a preliminary injunction can be found at: www.aclu.org/immigrants-rights-racial-justice/friendly-house-et-al-v-whiting-et-al-plaintiffs-motion-preliminary-
A new ACLU video about how the SB 1070 invites racial profiling can be found at: www.aclu.org/immigrants-rights-racial-justice/would-you-ask-man-his-papers
More information about the Arizona law can be found at: www.aclu.org/what-happens-arizona-stops-arizona
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
Amid Spying Fight, House Passes Fourth Amendment Is Not For Sale Act
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," said one advocate.
Apr 17, 2024
While applauding the U.S. House of Representatives' bipartisan passage of a bill to ensure that "law enforcement and intelligence agencies can't do an end-run around the Constitution by buying information from data brokers" on Wednesday, privacy advocates highlighted that Congress is trying to extend and expand a long-abused government spying program.
The House voted 219-199 for Fourth Amendment Is Not For Sale Act (FANFSA), which won support from 96 Democrats and 123 Republicans, including the lead sponsor, Rep. Warren Davidson (R-Ohio). Named for the constitutional amendment that protects against unreasonable searches and seizures, H.R. 4639 would close what campaigners call the data broker loophole.
"The privacy violations that flow from law enforcement entities circumventing the Fourth Amendment undermine civil liberties, free expression, and our ability to control what happens to our data," said Free Press Action policy counsel Jenna Ruddock. "These impacts affect everyone who uses digital platforms that extract our personal information any time we open a browser or visit social media and other websites—even when we go to events like demonstrations and other places with our phones revealing our locations."
"We're grateful that the House passed these vital and popular protections," she added. "The bill would prevent flagrant abuses of our privacy by government authorities in league with unscrupulous third-party data brokers. Making this legislation into law with Senate passage too would be a decisive and long-overdue action against government misuse of this clandestine business sector that traffics in our personal data for profit."
Wednesday's vote followed the House sending the Reforming Intelligence and Securing America Act to the Senate. H.R. 7888 would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on noncitizens abroad but also sweeps up Americans' data.
The House notably included an amendment forcing a wide range of individuals and businesses to cooperate with government spying operations but rejected an amendment that would have added a warrant requirement to the bill, which the Senate could vote on as soon as Thursday.
Noting those decisions on the FISA reauthorization legislation, Ruddock stressed that "today's vote is a victory but follows a recent loss and ongoing threat as that Section 702 bill moves to the Senate this week too."
"As FANFSA and the 702 reauthorization move to the Senate, lawmakers in that chamber need to take a stand for the rights of people in the United States," she argued. "That means passing FANFSA and reforming Section 702 authority—and prioritizing everyone's First and Fourth Amendment rights."
Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, also praised the House's FANFSA passage on Wednesday.
"The passage of the Fourth Amendment Is Not For Sale underscores the extent to which reining in abusive warrantless surveillance is a bipartisan issue," Scott said. "We urge the Senate to take up this measure and close the data broker loophole."
Kia Hamadanchy, senior policy counsel at ACLU, similarly said Wednesday that "the bipartisan passage of this bill is a flashing warning sign to the government that if it wants our data, it must get a warrant."
Hamadanchy added that "we hope this vote puts a fire under the Senate to protect their constituents and rein in the government's warrantless surveillance of Americans, once and for all."
Sen. Ron Wyden (D-Ore.), a critic of the pending 702 bill and FANFSA's lead sponsor in the upper chamber, called the the House's Wednesday vote "a huge win for privacy" and said that "now it's time for the Senate to follow suit."
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Leaked Cables Show Biden Pressuring Nations to Oppose Palestine's UN Membership
"This is the evidence that President Biden's talk about a two-state solution is nothing but idle talk," said one former Lebanese diplomat.
Apr 17, 2024
As the United Nations Security Council prepares to vote Thursday on Palestine's bid to become a full U.N. member, the Biden administration—which claims to support Palestinian statehood—is lobbying UNSC nations in an effort to wrangle enough "no" votes so that the United States can avoid resorting to a veto.
Leaked cables obtained by The Intercept show U.S. pressure on Security Council members including Malta—which currently presides over the body—and Ecuador.
While claiming that President Joe Biden backs "Palestinian aspirations for statehood," one of the cables asserts that "it remains the U.S. view that the most expeditious path toward a political horizon for the Palestinian people is in the context of a normalization agreement between Israel and its neighbors."
"We therefore urge you not to support any potential Security Council resolution recommending the admission of 'Palestine' as a U.N. member state, should such a resolution be presented to the Security Council for a decision in the coming days and weeks," the document advises.
The U.S. argument essentially is that the U.N. should not create an independent Palestinian state by fiat—even though that's precisely how the world body voted in 1947 to establish the modern state of Israel.
The renewed push for Palestine's U.N. membership comes as Israel wages a genocidal war on the Gaza Strip. The Palestinian Authority, which hasn't controlled Gaza for nearly two decades, rejected the Biden administration's requests to hold off on seeking full membership.
"We wanted the U.S. to provide a substantive alternative to U.N. recognition. They didn't," one unnamed Palestinian official toldAxios on Wednesday. "We believe full membership in the U.N. for Palestine is way overdue. We have waited more than 12 years since our initial request."
As The Intercept's Ken Klippenstein and Daniel Boguslaw noted:
Since 2011, the U.N. Security Council has rejected the Palestinian Authority's request for full member status. On April 2, the Palestinian Observer Mission to the U.N. requested that the council once again take up consideration of its membership application. According to the first State Department cable, U.N. meetings since the beginning of April suggest that Algeria, China, Guyana, Mozambique, Russia, Slovenia, Sierra Leone, and Malta support granting Palestine full membership to the U.N. It also says that France, Japan, and Korea are undecided, while the United Kingdom will likely abstain from a vote.
Along with the United States, China, France, Russia, and the United Kingdom are permanent members of the UNSC, so they also have veto power.
Ahead of Thursday's planned vote, Spain has been doing its own lobbying in Europe to build greater support for Palestinian statehood. At a joint Tuesday press conference with Spanish Prime Minister Pedro Sánchez, Slovenian Prime Minister Robert Golob said the question is "when, not if, but when is the best moment to recognize Palestine."
Belgium—which is seeking economic sanctions against Israel in response to its genocidal war on Gaza—is expected to join Spain's push for Palestinian statehood after the country's European Union presidency expires in June.
Currently, 139 of the U.N.'s 193 member states recognize Palestine as an independent state.
Israeli Prime Minister Benjamin Netanyahu—who has also claimed to support a so-called "two-state solution"—has alternately boasted about thwarting Palestinian statehood.
Critics pointed to the leaked cables as more proof of U.S. duplicity and double standards on the Israel-Palestine issue.
"This is the evidence that President Biden's talk about a two-state solution is nothing but idle talk," Massoud Maalouf, a former Lebanese ambassador to Canada, Chile, and Poland, said on social media.
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Database Exposes 'Illicit Network Undermining Democracy Around the World'
Yanis Varoufakis hailed the effort as "a treasure chest of well-researched reports on how the reactionaries of the world unite."
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"Coups. Assassinations. Riots. Detentions. Disinformation. We know the tactics that have been deployed to undermine our democracies. But who is behind them?"
Progressive International (PI) asks and answers this and other questions with an extensive new database published Wednesday that connects the dots in what the leftist group calls the "Reactionary International"—a loose global network of right-wing leaders and organizations working to subvert democratic institutions.
PI calls it an "illicit network undermining democracy around the world."
"Today is a mask-off moment for the Reactionary International and the parties, politicians, judges, journalists, foundations, think tanks, tech platforms, NGOs, activists, financiers, and entrepreneurs that comprise it," PI said.
"After a year of preparation, we finally open the doors to our new research consortium, exposing the global network of reactionary forces that corrode our democracies, destroy our planet, and drive us closer to world war," the group added.
"The twin insurrections at the U.S. Capitol in 2021 and BrasÃlia's Three Powers Plaza in 2023 left no doubt about the international coordination of reactionary forces," PI argued. "Yet far too little is known about the entities of this network, their sources of financing, and their institutional allies operating inside our political systems."
Ultimately, PI aims to "support democratic systems to become more resilient to their insidious tactics."
From leaders like Hungarian Prime Minister Viktor Orbán, Indian Prime Minister Narendra Modi, and former U.S. President Donald Trump—the presumptive 2024 Republican presidential nominee—to evangelical Christian groups influencing laws in African countries criminalizing LGBTQ+ people and tech companies empowering ubiquitous state surveillance, Reactionary International is a who's-who of the world's right-wing forces.
A cursory search of the database's contents shows users can:
- Learn about Israel's NSO, Rayzone, and Team Jorge, and how a team of Tel Aviv tech entrepreneurs fuel unrest in Latin America;
- Meet the Grey Wolves, Turkey's roving death squad with links to President Recep Tayyip ErdoÄŸan and the ethno-nationalists in his governing coalition; and
- Explore the global network of the Falun Gong, its Trump-connected media outlet The Epoch Times, and its traveling dance troupe known as Shen Yun.
Yanis Varoufakis, a PI member and secretary-general of the left-wing Democracy in Europe Movement 2025, called the database "a treasure chest of well-researched reports on how the reactionaries of the world unite."
PI invites the public to contribute to the database.
"Together, we will not only name, shame, and expose the forces of the far right—but also dismantle their network of complicity," the group said.
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