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For Immediate Release
May, 13 2011, 10:15am EDT
Contact:
Rachel Myers, ACLU national, (212) 549-2689; rmyers@aclu.org
Christopher Ott, ACLU of Massachusetts, (617) 482-3170 x322; cott@aclum.org
ACLU Sues Homeland Security Over Seizure Of Activist's Computer
Targeting David House For Lawful Association With Bradley Manning Support Network Is Unconstitutional
BOSTON
The American Civil Liberties Union and the ACLU of Massachusetts filed a lawsuit in federal court today challenging the suspicionless search and seizure of electronics and personal data belonging to activist David House. The lawsuit charges that the government targeted House solely on the basis of his lawful association with the Bradley Manning Support Network when it seized House's laptop, USB drive and camera, and proceeded to copy and possibly disseminate their contents.
"Targeting people for searches and seizures based on their lawful associations is unconstitutional," said Carol Rose, executive director of the ACLU of Massachusetts. "The government does not have the authority to demand information about whom you spend time with or what you talk about. We need safeguards to ensure that targeting of people based on their political associations does not continue."
The ACLU lawsuit charges that the Department of Homeland Security (DHS) singled out House at the border solely on the basis of his association with the Bradley Manning Support Network, an organization created to raise funds and support for the legal defense of Pfc. Bradley Manning, a soldier charged with leaking a video and documents relating to the wars in Iraq and Afghanistan to the WikiLeaks website. In so doing, the government violated House's First Amendment right to freedom of association and Fourth Amendment right to be free of unreasonable search and seizure of his personal papers and effects. The ACLU lawsuit seeks return or destruction of any of House's personal data still in the custody of the government and disclosure of whether and to whom the data has been disseminated.
In November 2010, DHS agents stopped House at O'Hare International Airport as he returned from a vacation in Mexico and questioned him about his political activities and beliefs. DHS officials then confiscated his laptop computer, camera and a USB drive and did not return them to House for nearly seven weeks - after the ACLU sent a letter demanding their return. House's detention and interrogation by DHS officials and the seizure of his electronic papers and personal effects had no apparent connection with the protection of U.S. borders or the enforcement of customs laws. Seven months later, House has not received an explanation of why his property was confiscated or what the government has done with the information downloaded from the devices.
"I feel like the American government has made me the target of intrusive and intimidating tactics simply because I joined a lawful group in order to stand up for what I believe is right," said House. "The search and seizure of my laptop has had a chilling effect on the activities of the Bradley Manning Support Network, by silencing once-outspoken supporters and causing donors to retreat. Our government should not be treating lawful activists like suspects."
This lawsuit is one in a series of legal challenges to the government's practice of suspicionless seizures of computers containing personal information at the U.S. border. In a related case, the ACLU, New York Civil Liberties Union and National Association of Criminal Defense Lawyers (NACDL) last fall filed a lawsuit on behalf of the National Press Photographers Association, the NACDL and Pascal Abidor, a 26-year-old dual U.S.-French citizen who had his laptop searched and confiscated at the Canadian border while traveling home to New York on an Amtrak train. That lawsuit challenges the DHS policy of searching, copying and detaining travelers' laptops, cell phones and other electronic devices at the border when DHS has no reason to believe a search would reveal wrongdoing.
"In this increasingly globalized age, the cost of traveling internationally should not include submitting to boundless searches of the personal, private information we all keep on our laptops and cell phones," said Catherine Crump, staff attorney with the ACLU Speech, Privacy and Technology Project. "Allowing government officials to look through Americans' most personal materials without reasonable suspicion is unconstitutional, inconsistent with American values and a waste of limited resources."
Today's lawsuit was filed in U.S. District Court for the District of Massachusetts against U.S. Secretary of Homeland Security Janet Napolitano, Commissioner of U.S. Customs and Border Protection Alan Bersin and Director of U.S. Immigration and Customs Enforcement John T. Morton.
For more information, including a video interview with House on the impact the seizure of his property has had, go to:www.aclu.org/house
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
Warning of Grave Threat to Free Speech, Judge Frees Rümeysa Öztürk
"There has been no evidence that has been introduced by the government other than the op-ed," U.S. District Judge William Sessions III said, referring to Öztürk's article urging divestment from Israel.
May 09, 2025
Rümeysa Öztürk, one of several pro-Palestine scholars kidnapped and imprisoned by the Trump administration under its dubious interpretation of an 18th-century law and a Cold War-era national security measure, was released from Immigration and Customs Enforcement custody Friday following a federal judge's order.
U.S. District Judge William Sessions III in Vermont ruled that Öztürk—a 30-year-old Turkish Ph.D. student at Tufts University in Massachusetts and Fulbright scholar—was illegally detained in March, when masked plainclothes federal agents snatched her off a suburban Boston street in broad daylight in what eyewitnesses and advocates likened to a kidnapping and flew her to a U.S. Immigration and Customs Enforcement (ICE) detention center in Louisiana.
"Thank you so much for all the support and love," Öztürk told supporters outside the facility following her release.
The government admits that Öztürk committed no crime. She was targeted because of an
opinion piece published in Tufts Daily advocating divestment from Israel amid the U.S.-backed nation's genocidal assault on Gaza and its apartheid, occupation, ethnic cleansing, and colonization in the rest of Palestine. Öztürk was arrested despite a U.S. State Department determination that there were no grounds for revoking her visa.
"There has been no evidence that has been introduced by the government other than the op-ed," said Sessions, an appointee of former President Bill Clinton. "That literally is the case."
BREAKING: a federal judge has ordered the Trump administration to immediately release on bail Rumeysa Ozturk, a Muslim grad student at Tufts University who was abducted and abused by ICE agents, all because she wrote an editorial, yes, an editorial, critical of the Israeli government's genocide.
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— CAIR (The Council on American-Islamic Relations) ( @cairnational.bsky.social) May 9, 2025 at 11:12 AM
"There is no evidence here as to the motivation, absent consideration of the op-ed, so that creates unto itself a very significant substantial claim that the op-ed—that is, the expression of one's opinion as ordinarily protected by the First Amendment—form the basis of this particular detention," the judge continued, adding that Öztürk's "continued detention potentially chills the speech of the millions and millions of people in this country who are not citizens."
"There is absolutely no evidence that she has engaged in violence, or advocated violence, she has no criminal record," Sessions noted. "She has done nothing other than, essentially, attend her university and expand her contacts in her community in such a supportive way."
"Her continued detention cannot stand," he added.
The Trump administration has openly flouted judge's rulings—including a U.S. Supreme Court order—that direct it to release detained immigrants. Sessions' Friday ruling follows his earlier order to send Öztürk to Vermont and Wednesday's 2nd U.S. Circuit Court of Appeals affirmation of the judge's directive, both of which have been ignored by the administration.
Seeing that Öztürk was still in ICE custody hours after his order, Sessions reiterated his directive Friday afternoon.
"In light of the court's finding of no flight risk and no danger to the community, petitioner is to be released from ICE custody immediately on her own recognizance, without any form of body-worn GPS or other ICE monitoring at this time," the judge wrote.
Multiple media outlets reported Öztürk's release Friday afternoon.
Mahsa Khanbabai, Öztürk's attorney, toldCourthouse News Service she's "relieved and ecstatic" that her client has been ordered released.
"Unfortunately, it is 45 days too late," Khanbabai lamented. "She has been imprisoned all these days for simply writing an op-ed that called for human rights and dignity for the people in Palestine. When did speaking up against oppression become a crime? When did speaking up against genocide become something to be imprisoned for?"
The Trump administration has dubiously invoked the Alien Enemies Act of 1798, which allows the president to detain dor deport citizens of countries with which the U.S. is at war, in a bid to justify Öztürk's persecution. The administration has also cited the Immigration and Nationality Act of 1952, which empowers the secretary of state to order the expulsion of noncitizens whose presence in the United States is deemed detrimental to U.S. foreign policy interests.
"When did speaking up against genocide become something to be imprisoned for?"
Secretary of State Marco Rubio—who lied about Öztürk supporting Hamas—has used such determinations to target people for engaging in constitutionally protected speech and protest.
"We do it every day," Rubio said in March in defense of the policy. "Every time I find one of these lunatics, I take away their visas."
Rubio has invoked the law to target numerous other students who the government admits committed no crimes. These include Mahmoud Khalil, Mohsen Mahdawi, and Yunseo Chung—all permanent U.S. residents—as well as Ranjani Srinivasan and others. Far-right, pro-Israel groups like Betar and Canary Mission have compiled lists containing the names of these and other pro-Palestine students that are shared with the Trump administration for possible deportation.
Foreign nationals—and some U.S. citizens wrongfully swept up in the Trump administration's mass deportation effort—are imprisoned in facilities including private, for-profit detention centers, where there are widespread reports of poor conditions and alleged abuses.
These include denial of medical care, insufficient access to feminine hygiene products, and rotten food at the South Louisiana ICE Processing Center, where Öztürk—who, according to Rep. Ayanna Pressley (D-Mass.), has received no religious or dietary accommodations and had her hijab forcibly removed—is being held.
Öztürk also suffers from asthma and told Sessions via Zoom Friday that her attacks have increased behind bars due to stress. Dr. Jessica McCannon, a pulmonologist, testified that Öztürk's asthma appears to be poorly controlled in ICE custody, according to
courtroom coverage on the social media site Bluesky by freelance journalist Joshua J. Friedman.
U.S. Sen. Elizabeth Warren (D-Mass.) was among those who on Friday demanded Öztürk's immediate release, while other lawmakers and human rights and free speech defenders celebrated Sessions' decision.
"Rümeysa Öztürk has finally been ordered released," Sen. Ed Markey (D-Mass.) said on social media. "She has been unlawfully detained for more than six weeks in an ICE facility in Louisiana, more than 1,500 miles away from Somerville. This is a victory for Rümeysa, for justice, and for our democracy."
In the United States, we guarantee free speech. No one here will lose their rights and freedom for publishing an op-ed. This is a win for the rule of law. Rümeysa is free!
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— Representative Becca Balint ( @balint.house.gov) May 9, 2025 at 1:24 PM
Seth Stern, director of advocacy at Freedom of the Press Foundation, said in a statement that "it is unfathomable that in the United States legal system, it takes 45 days for a judge to rule that people can't be put behind bars for writing op-eds the government doesn't like."
"Without a system committed to its principles, the Constitution is just words on paper, and they don't mean much if this can happen here," Stern continued. "Öztürk's abduction and imprisonment is one of the most shameful chapters in First Amendment history."
"We're thankful that Judge Sessions moved it one step closer to an end and we call on the Trump administration to release Öztürk immediately and not attempt to stall with any further authoritarian nonsense," he added.
Amid President Donald Trump's defunding threats and pressure from ICE officials, universities have told "many hundreds" of international students that they have lost their immigration status and must immediately self-deport. These notifications were based on the Department of Homeland Security's (DHS) termination of students' records on the Student Exchange and Visitor Information System (SEVIS), a database used by schools and authorities to access visa information.
Although DHS admitted in court that it had no authority to use SEVIS to revoke students' status, the Trump administration still canceled more than 1,800 visas before reversing course last month pending an ICE policy revamp.
In addition to moving to deport pro-Palestine students, the Trump administration is sending Latin American immigrants—including wrongfully expelled Maryland man Kilmar Abrego García—to a notorious prison in El Salvador, and the president has repeatedly threatened to send natural-born U.S. citizens there.
As with Öztürk and other detained students, the Trump administration has dubiously invoked the Alien Enemies Act in trying to deport García and others. However, federal judges—including multiple Trump appointees—have thwarted some of these efforts.
On Friday, White House Deputy Chief of Staff Stephen Miller said that Trump and his advisers are "actively looking at" suspending habeas corpus as a means of overcoming judicial pushback against the administration's deportation blitz.
"Well, the Constitution is clear—and that of course is the supreme law of the land—that the privilege of the writ of habeas corpus can be suspended in a time of invasion," Miller told reporters at the White House. No foreign entity has invaded the United States since Japanese forces landed in the Aleutian Islands in the then-territory of Alaska during World War II.
Critics pointed out that Miller's proposal is, in fact, blatantly unconstitutional.
"Since it appears needs to be said: The authority to suspend habeas corpus lies with Congress, not the president, and is only legal during extreme circumstances of rebellion or invasion," Democratic pollster and strategist Matt McDermott said on Bluesky. "Stephen Miller is full of shit."
It wasn't just Democrats and Palestine defenders who cheered Sessions' ruling Friday. Billy Binion, who covers "all things injustice" for the libertarian website Reason, said on social media that the government's "entire case against her is that... she wrote an op-ed."
"Hard to overstate how bleak—and frankly embarrassing—it is that the Trump administration wants to jail and deport someone for speech," he continued. "In America."
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Democrats' Bill Would Extend Social Security and Medicare Solvency 'As Far as the Eye Can See'
"Working-class seniors pay into Social Security and Medicare their whole careers so they can enjoy a dignified retirement, but they end up paying a much larger share of their income in taxes than billionaires because the tax code is rigged in favor of the rich."
May 09, 2025
Social Security and Medicare protect tens of millions of American senior citizens from poverty and medical bankruptcy each year, but economic justice advocates have long said the programs would be strengthened and remain fully solvent for as long as possible if the richest Americans contributed more to them—and on Thursday two Democratic lawmakers introduced legislation to ensure they do.
The bicameral bill, the Medicare and Social Security Fair Share Act, was reintroduced by Sen. Sheldon Whitehouse (D-R.I.) and Rep. Brendan Boyle (D-Pa.), with the aim of requiring people with yearly incomes of more than $400,000 to contribute a fairer share of their wealth to the two programs.
Currently the maximum amount of earnings for which American workers must pay Social Security taxes is just over $176,000.
The bill would lift the Social Security tax cap "to ensure that no matter the source of their income, high-income taxpayers would pay the same tax rate on their income exceeding that threshold," said the lawmakers in a press statement.
It would also increase the Medicare tax rate for income above $400,000 by 1.2% and include a provision ensuring owners of hedge funds and private equity firms can no longer avoid Medicare taxes.
Whitehouse and Boyle introduced the bill as the Trump administration and congressional Republicans work to slash Social Security—confirming Wall Street executive Frank Bisignano, who has backed billionaire Elon Musk's spending cuts at the Department of Government Efficiency (DOGE), to run the program this week.
"While Republicans are pushing a $7 trillion tax giveaway to the ultrarich, we're working to protect the benefits that millions of Americans have earned—and we won't let them be stolen to fund another billionaire windfall."
Republicans have also suggested Medicare could be slashed in order to pay for tax cuts for the wealthiest Americans and have pushed to expand privatized Medicare Advantage plans.
"Working-class seniors pay into Social Security and Medicare their whole careers so they can enjoy a dignified retirement, but they end up paying a much larger share of their income in taxes than billionaires because the tax code is rigged in favor of the rich," said Whitehouse. "As the Trump administration and Congressional Republicans gear up to deliver budget-busting giveaways for their billionaire donors, I will continue pushing to make our tax code fair and protect these twin pillars of retirement security as far as the eye can see."
Actuaries at the Centers for Medicare and Medicaid Services and Social Security Administration estimated that Whitehouse and Boyle's proposal would extend Social Security and Medicare solvency by at least 75 years.
Without new revenue, the trust funds that finance Medicare and Social Security are projected to be 100% solvent only through 2036 and 2033, respectively.
The legislation is endorsed by groups including Social Security Works, the National Council on Aging, and the Center for Medicare Advocacy.
"From my first day in Congress, I've pledged to protect the long-term stability of Social Security and Medicare—two bedrock promises our country made to seniors, workers, and people with disabilities," said Boyle. "Now, with [President] Donald Trump, Elon Musk, and DOGE-fueled billionaires openly attacking these programs, that fight is more urgent than ever."
"While Republicans are pushing a $7 trillion tax giveaway to the ultrarich," he said, "we're working to protect the benefits that millions of Americans have earned—and we won't let them be stolen to fund another billionaire windfall."
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Warnings Grow Over US and Israel-Backed Plan for Gaza Aid
The plan "contravenes basic humanitarian principles," said a spokesperson for the United Nation's children's agency.
May 09, 2025
United Nations aid officials have rejected a U.S. and Israel-backed plan for aid delivery in Gaza that reportedly involves the use of a private foundation and U.S. military security contractors to deliver far less humanitarian assistance than the besieged enclave needs.
Jens Laerke, a spokesperson for the U.N.'s Office for the Coordination of Humanitarian Affairs (OCHA), warned Friday that the agency "will not participate."
"There is no reason to put in place a system that is at odds with the DNA of any principled humanitarian organization," Laerke told the BBC.
Since early March, Israel has blocked aid from entering Gaza, compounding widespread misery and hunger in the besieged enclave as Israel continues to mount a deadly military campaign there. U.N. officials have decried the fact that aid is close at hand but is not being allowed in.
Speaking in Jerusalem on Friday, U.S. Ambassador to Israel Mike Huckabee said that the plan involves a private U.S.-backed foundation, which will distribute aid from a set number of distribution sites, according to CNN. Huckabee said the idea is to create a system that prevents Hamas from obtaining the aid.
The private entity, called the Gaza Humanitarian Foundation, would administer those distribution sites using private U.S. military contractors and aid workers, according to CNN.
The plan reportedly entails only allowing 60 aid trucks a day, a sliver of what was allowed to enter the enclave during the two-month cease-fire that Israel ended in March. A document from the Gaza Humanitarian Foundation states that there will initially be four distribution sites aimed at providing 1.2 million Palestinians in its first phase, or 60% of Gaza's population.
According to the The New YorkTimes, under the current aid distribution system, the U.N. says there are 400 distribution points.
Huckabee said that Israel would not be involved in delivering aid, but that Israeli forces would handle security around the distribution sites.
The Times of Israel, citing officials familiar with the plan, reported that the Israeli government and military have been involved in putting the plan together, even if the Gaza Humanitarian Foundation is the entity that is slated to distribute the aid.
Reporting from The Washington Postpublished Monday, which cited unnamed Israeli officials and aid workers, framed the emerging plan as an Israeli initiative to take control of aid distribution in Gaza. The Post's reporting also stated that the distribution centers would be all be located in the south of Gaza.
The Post spoke with officials from a dozen international aid groups working in Gaza, who expressed concerns that restricting aid to a few locations would force more displacement and be discriminatory.
James Elder, spokesperson for the U.N.'s children's agency UNICEF, echoed this, according to the BBC, saying on Friday that the proposed plan would lead to more children suffering and that the decision to locate all the distribution centers in the south appeared designed to weaponize aid as "bait" to force Palestinians to be displaced once again.
The plan "contravenes basic humanitarian principles" and appears designed to "reinforce control over life-sustaining items as a pressure tactic," Elder said, according to U.N. News.
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