August, 20 2010, 11:23am EDT
Sexual Abuse Of Female Detainees At Hutto Highlights Ongoing Failure Of Immigration Detention System, Says ACLU
NEW YORK
A
Corrections Corporation of America (CCA) employee at the T. Don Hutto
immigration detention facility in Taylor, TX today was charged with
sexually abusing numerous female immigration detainees. Donald Charles
Dunn, a resident supervisor at the Hutto facility, is accused of abusing
the detainees as he was transporting them to the airport after they had
been released on bond and has allegedly admitted to telling the women
that he was going to "frisk" them before touching their breasts and
genital areas for his gratification, according to Sheriff's officials in
Williamson County, TX. Dunn is charged with official oppression and
unlawful restraint.
The American Civil Liberties Union is
actively investigating the sexual abuse of female detainees at Hutto,
where the detention of families was halted last year after the
successful settlement of an ACLU lawsuit charging that children were
being imprisoned in inhumane conditions while their parents awaited
immigration decisions.
As part of its investigation, the
ACLU has obtained via the Texas Public Information Act copies of both
the Intergovernmental Services Agreement (IGSA) between Immigration and
Customs Enforcement (ICE), CCA and Williamson County, under which the
Hutto facility is operated, and ICE's own transport policy. Both
documents are being made available to the public and can be found online
at: www.aclu.org/huttodocs.
The opportunity for abuse was the result of a failure by CCA officials
to abide by the IGSA that female immigration detainees not be isolated
with male staff members.
The following can be attributed to Vanita Gupta, Deputy Legal Director of the ACLU:
"The sexual abuse of numerous
immigration detainees at Hutto underscores the systemic failures that
continue to plague our nation's broken immigration detention system. The
irony is that ICE touts Hutto as a flagship facility, emblematic of its
commitment to reform. Clearly, that commitment is shallow. ICE has
ignored repeated calls for increased and independent oversight and
accountability of its immigration detention facilities and the private
contractors like CCA who run them, and tragedies like this are the
unfortunate result. It is time for ICE officials to live up to their
promise of creating a 'truly civil' immigration detention system that
does not tolerate the abuse and degradation of its detainees."
The following can be attributed to Lisa Graybill, Legal Director of the ACLU of Texas:
"It is long past time to close the
book on ICE's relationship with CCA. If this administration is serious
about reform, it cannot continue to spend millions of taxpayer dollars
every month on a private contractor that has proven over and again it is
demonstrably incapable of running a safe and humane facility. Immigrant
women, many of whom who have fled to the United States seeking refuge
from sexual violence, should not fear more of the same in the hands of
ICE and its contractors. Zero tolerance starts at the top. The only way
for ICE to restore integrity to its system is to immediately sever its
contract with CCA and begin a new era of transparency and
accountability."
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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Biden Admin Unveils New Rules Protecting Workers Who Get Abortion Care
"With these final rules, we have achieved a huge step forward for women's economic security, maternal health, and the economy as a whole," said one advocate.
Apr 16, 2024
Reproductive justice advocates on Monday applauded the Biden administration's "groundbreaking" new workplace protections for pregnant people, including requirements that most employers provide workers with time off for a range of pregnancy-related reasons—including, over the objections of right-wing lawmakers, abortion care.
The Equal Employment Opportunity Commission (EEOC) issued a final rule and guidance for employers, clarifying that under the Pregnant Workers Fairness Act (PWFA), companies with 15 or more employees must accommodate a worker's needs if they request time off for "pregnancy, childbirth, or related medical conditions" including prenatal doctor's appointments, childbirth recovery, postpartum depression, miscarriage, and abortion.
The guidance also details the wide array of accommodations pregnant workers can request under the law, including exemptions from heavy lifting and scheduling changes for people who suffer from pregnancy symptoms like nausea or morning sickness.
The PWFA was passed in December 2022 and went into effect several months later, but the EEOC's newly finalized regulations detail how the law must be enforced, including in states with abortion bans and restrictions.
The commission has spent the last four months sorting through tens of thousands of public comments on the proposed regulations, including those from reproductive rights groups which urged the EEOC to explicitly include protections for people who seek abortion care—and forced pregnancy proponents to objected to the provisions.
Under the final rules, employers are required to provide time off for workers who ask for it to obtain an abortion locally or who need to travel out of state for care. The regulations include strong restrictions against retaliating against workers for taking time off for any pregnancy-related reason.
"This rulemaking does not require abortions or affect the availability of abortion; it simply ensures that employees who choose to have (or not to have) an abortion are able to continue participating in the workforce, by seeking reasonable accommodations from covered employers, as needed and absent undue hardship," the regulation states.
In its comment submitted to the EEOC about its draft rule before the final regulations were announced, the ACLU thanked the agency for "recognizing that abortion has for decades been approved under the law as a 'related medical condition' to pregnancy that entitles workers to reasonable accommodations, including time off to obtain abortion care."
Employers will not be required to pay for workers' medical care or travel, and the time off can be paid or unpaid.
But advocates said the protections will make a particular impact on low-wage workers, many of whom are not eligible for the Family and Medical Leave Act, which only requires 12 weeks of unpaid time off for workplaces with 50 or more employees.
Before the PWFA was passed in 2022, 1 in 4 new mothers returned to work within two weeks of giving birth.
The national group Reproductive Freedom for All said the new rules will help ensure "that reproductive freedom is a reality for all pregnant workers."
The EEOC's effort to finalize the regulations has sparked anger among Republicans including Sen. Bill Cassidy (R-La.), who called the inclusion of abortion in the rules "shocking and illegal."
But Dr. Verda Hicks, president of the American College of Obstetricians and Gynecologists (ACOG), said the regulations are an "acknowledgment of people's complex needs during and after pregnancy."
"Families should have peace of mind that they won't face financial hardship due to pregnancy-related job loss, and workers who are pregnant should not have to fear compromising their own health and well-being to maintain their employment," said Hicks. "Pregnancy is physiologically demanding and many of the medical conditions related to pregnancy necessitate reasonable accommodations for people after their pregnancy has ended."
Dina Bakst, co-president of A Better Balance: The Work and Family Legal Center, said the new regulations "appropriately recognize the broad scope of the Pregnant Workers Fairness Act and ensure millions of workers, especially women in low-wage and physically demanding jobs, can access the vital accommodations they need during pregnancy and after childbirth."
"Today with these final rules, we have achieved a huge step forward for women's economic security, maternal health, and the economy as a whole," said Bakst, who has lobbied for years for pregnancy workplace protections. "The Pregnant Workers Fairness Act is a life-changing protection for pregnant and postpartum workers nationwide, ensuring they aren't forced off the job or denied the accommodations they need for their health."
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With the U.S. Senate poised to vote later this week on legislation to reauthorize a heavily abused warrantless surveillance authority, privacy advocates are ramping up pressure on lawmakers to remove a provision that would force a wide range of businesses and individuals to take part in government spying operations.
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The provision that has sparked grave warnings from privacy advocates was spearheaded by the chair of the House Permanent Select Committee on Intelligence, Rep. Mike Turner (R-Ohio), and the panel's ranking member, Rep. Jim Himes (D-Conn.).
While supporters of the provision, including the Biden White House, claim the proposed change to existing law is narrow, civil liberties defenders say it's anything but.
Currently, U.S. agencies can use Section 702 authority to collect the data of non-citizens abroad from electronic communications service providers such as Google, Verizon, and AT&T without a warrant.
The Turner-Himes amendment would significantly expand who could be ordered to cooperate with government surveillance efforts, broadening Section 702 language to encompass "any other service provider who has access to equipment that is being or may be used" to transmit or store electronic communications.
That change, privacy advocates say, would mean grocery stores, laundromats, gyms, barber shops, and other businesses would potentially be conscripted to serve as government spies.
"The Make Everyone a Spy provision is recklessly broad and a threat to democracy itself," Sean Vitka, policy director of Demand Progress, said in a statement Tuesday. "It is simply stunning that the administration and House Intelligence Committee do not have a single answer for how frighteningly broad this provision is."
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The New York Timesexplained Tuesday that after the FISA Court "approves the government's annual requests seeking to renew the program and setting rules for it, the administration sends directives to 'electronic communications service providers' that require them to participate."
In 2022, the Times noted, the FISA Court "sided with an unidentified company that had objected to being compelled to participate in the program because it believed one of its services did not fit the necessary criteria." Unnamed people familiar with the matter told the newspaper that "the judges found that a data center service does not fit the legal definition of an 'electronic communications service provider'"—prompting the bipartisan effort to expand the reach of Section 702.
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Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, wrote on social media Tuesday that "it's critical to stop this bill."
"The administration claims it has no intent to use this provision so broadly—and who knows, maybe it doesn't. But the plain language of the bill allows involuntary conscription of much of the private sector for [National Security Agency] surveillance purposes," Goitein wrote. "Make no mistake, the day will come when there is a president in the White House who will not hesitate to make full use of the Orwellian power this bill provides. You can't create a surveillance state and just hope the government won't take advantage."
URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (@RonWyden) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25 https://t.co/HAOHURZoJQ
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
With Section 702 set to expire Friday, Senate Majority Leader Chuck Schumer (D-N.Y.) said in a floor speech Tuesday that he has placed the House-passed FISA legislation on the chamber's calendar and will soon "file cloture on the motion to proceed" to the bill, which is titled the Reforming Intelligence and Securing America Act (RISAA).
"We don't have much time to act," said Schumer. "Democrats and Republicans are going to have to work together to meet the April 19th deadline. If we don't cooperate, FISA will expire, so we must be ready to cooperate."
Sen. Ron Wyden (D-Ore.), a member of the Senate Select Committee on Intelligence and outspoken privacy advocate, has called RISAA's proposed expansion of government surveillance "terrifying" and warned it would "force any American who installs, maintains, or repairs anything that transmits or stores communications to spy on the government's behalf."
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In a social media post on Tuesday, Wyden echoed campaigners in urging people to contact their senators.
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U.S. school districts banned more books during the first half of the current academic year than during the entire last scholastic year, a report published Tuesday revealed.
PEN America recorded 4,349 book bans across 52 school districts in 23 states during the fall 2023 semester, more than double the 1,841 titles that were prohibited during the spring term and more than the 3,362 volumes reported banned nationwide during the entire previous academic year.
"For anyone who cares about the bedrock of American values and the protection of free expression, this report should be a red alert," said Sabrina Baêta, manager of PEN America's Freedom to Read program and a co-lead author of the report, which comes as the free expression and human rights group is under fire from critics who say it's ignoring Palestinian writers during Israel's genocidal war on Gaza.
The report found that Florida again had the highest number of banned books, with 3,135 proscribed titles across 11 school districts. In Wisconsin, PEN America recorded 481 banned books in three districts—including 444 titles blacklisted in the Elkhorn Area School District following one parent's request. Iowa and Texas—with 142 and 141 forbidden titles, respectively—round out the report's top four book-banners.
According to PEN America:
While censors continue to use the concept of "obscenity" to justify widespread books bans, the report examines a wave of intense scrutiny over books that discuss women, sexual violence, and rape. This concerted focus comes amid an epidemic of sexual violence in the United States. The report also finds that books discussing race and racism, LGBTQ+ and especially transgender identities continue to be targeted at consistently high rates.
Book-banners continued to lean heavily upon "anti-obscenity" laws and exaggerated claims of "pornography in schools" in attempts to justify prohibiting books about sexual violence and LGBTQ+ issues. This has resulted in the disproportionate targeting of queer, nonbinary, and women authors. Similarly, the conservative fixation on purging critical race theory and "woke ideology" is undermining efforts to ensure school libraries are diverse and inclusive.
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But people are fighting back against what PEN America calls the "Ed Scare."
"Galvanized by the actions of the very students most impacted by book bans, a broad coalition of educators, librarians, parents, authors, and advocates are organizing in ways large and small to protect the freedom to read," the report notes.
PEN America Freedom to Read program director Kasey Meehan, another co-lead author of the report, said that "students are at the epicenter of the book-banning movement, and they're fearlessly spearheading the fight against this insidious encroachment into what they can read and learn across the country."
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