February, 07 2013, 02:17pm EDT

For Immediate Release
Contact:
Vesna Jaksic, ACLU national, (212) 284-7347 or 549-2666; media@aclu.org
Apreill Hartsfield, Southern Poverty Law Center (SPLC), (334) 956-8458; apreill.hartsfield@splcenter.org
Adela de la Torre, National Immigration Law Center (NILC), (213) 674-2832; delatorre@nilc.org
Civil Rights Coalition Files Lawsuit to Block Alabama from "Black Listing" Immigrants
Case Is Latest Example of State Attempting to Target and Drive Out Immigrants
MONTGOMERY, Ala.
A coalition of civil rights organizations filed a lawsuit today to block a portion of Alabama's anti-immigrant law requiring state officials to publicly post an online list of immigrants who may be undocumented.
The lawsuit was filed in federal district court on behalf of four Latino immigrants in Montgomery County who were arrested for allegedly fishing without a license - a misdemeanor offense. The law does not give immigrants any way to dispute their inclusion in the database.
Justin Cox, staff attorney with the ACLU Immigrants' Rights Project, pointed out that the "black list" -- which has also been called the "scarlet letter" provision -- was controversial when it was pushed through by one Alabama legislator. "Sen. Scott Beason should never have been allowed to hijack the state legislature with his anti-immigrant agenda. This law violates privacy laws and basic constitutional rights, as well as conflicts with fundamental American values of fairness and equality. Instead of moving forward with a mean-spirited law that is doomed to fail, Alabama should join the rest of the country and focus on common-sense reforms that benefit citizens and immigrants alike."
Kristi Graunke, staff attorney with the Southern Poverty Law Center, said: "This part of Alabama's anti-immigrant law represents an unfortunate effort to bully and intimidate immigrants into leaving Alabama. It is designed to permanently brand, humiliate and otherwise make life difficult for immigrants regardless of status. It conflicts with federal privacy requirements and burdens the already cash-strapped state court system. Sadly, laws like this show that Alabama has yet to turn away from the devastation its anti-immigrant laws have caused."
Nora Preciado, staff attorney with the National Immigration Law Center, said: "While the rest of the country focuses on how best to make Americans at heart become Americans on paper, Alabama continues to tread down a discriminatory, anti-immigrant path. This lawsuit proves once again that Alabama's policies aren't just unconstitutional, but also out of touch with the political mainstream."
The latest attack on immigrants in Alabama is part of HB 658, a package of revisions to the state's notorious anti-immigrant law, HB 56. HB 658 effectively doubled-down on the draconian nature of the original law, enacted in 2011. Section 5 of HB 658 requires the state to compile and post on a public website the names and other information clearly identifying certain immigrants when they are detained on any state charge, no matter how minor, and appear in state court. The plaintiffs in this case and even those charged with minor traffic violations would fall within this requirement and be unconstitutionally added to the "black list."
Section 5 requires the posting of private information that the federal government has declared confidential and not subject to public disclosure. Moreover, once a person is named on the list, the law provides no means to remove their name or change their information if the listing is inaccurate, the person obtains permission to live in the United States, or even becomes a citizen.
The Alabama Administrative Office of Courts is charged with compiling the list. All individuals falling into a new and vague category of immigration status created by the law are added to the list, even if their cases are later dismissed. The law also provides no notice to people that their names and information will be listed online.
The U.S. Court of Appeals for the 11th Circuit has already blocked key provisions of Alabama's original law -- the most extreme in the nation -- after finding that it conflicted with federal immigration law. The revision mandating the "black list" also violates federal law, and encourages discrimination by targeting immigrants.
For a copy of the complaint: www.aclu.org/immigrants-rights/doe-v-hobson-complaint
For more information about Alabama's original anti-immigrant law: www.aclu.org/crisis-alabama-immigration-law-causes-chaos
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
Environmental and Indigenous Groups Mobilize to Stop 'Alligator Alcatraz'
"This scheme is not only cruel, it threatens the Everglades ecosystem that state and federal taxpayers have spent billions to protect," said Eve Samples, executive director of Friends of the Everglades.
Jun 30, 2025
As Florida's Republican government moves to construct a sprawling new immigration detention center in the heart of the Everglades, nicknamed "Alligator Alcatraz," environmental groups and a wide range of other activists have begun to mobilize against it.
Florida's Republican attorney general, James Uthmeier, announced last week that construction of the jail, at the site of a disused airbase in the Big Cypress National Preserve, had begun. According to Fox 4 Now, an affiliate in Southwest Florida, construction has moved at "a blistering pace," with the site expected to be done by next week.
Three environmental advocacy groups have launched a lawsuit to try to halt the construction of the facility. And on Saturday, hundreds of protesters flocked to the remote site to voice their opposition.
Opponents have called out the cruelty of the plan, which comes as part of U.S. President Donald Trump's crusade to deport thousands of immigrants per day. They also called out the site's potential to inflict severe harm to local wildlife in one of America's most unique ecosystems.
Florida's government has said the site will have no environmental impact. Last week, Uthmeier described the area as a barren swampland. He said the site "presents an efficient, low-cost opportunity to build a temporary detention facility because you don't need to invest that much in the perimeter. People get out, there's not much waiting for 'em other than alligators and pythons," he said in the video. "Nowhere to go, nowhere to hide."
But local indigenous leaders have said that's not true. Saturday's protest was led by Native American groups, who say that the site will destroy their sacred homelands. According to The Associated Press, Big Cypress is home to 15 traditional Miccosukee and Seminole villages, as well as ceremonial and burial grounds and other gathering sites.
"Rather than Miccosukee homelands being an uninhabited wasteland for alligators and pythons, as some have suggested, the Big Cypress is the Tribe's traditional homelands. The landscape has protected the Miccosukee and Seminole people for generations," Miccosukee Chairman Talbert Cypress wrote in a statement on social media last week.
Environmental groups, meanwhile, have disputed the state's claims that the site will have no environmental impact. On Friday, the Center for Biological Diversity, Friends of the Everglades, and Earthjustice sued the Department of Homeland Security in the U.S. District Court for the Southern District of Florida. They argued that the site was being constructed without any of the environmental reviews required by the National Environmental Policy Act.
"The site is more than 96% wetlands, surrounded by Big Cypress National Preserve, and is habitat for the endangered Florida panther and other iconic species. This scheme is not only cruel, it threatens the Everglades ecosystem that state and federal taxpayers have spent billions to protect," said Eve Samples, executive director of Friends of the Everglades.
Governor Ron DeSantis used emergency powers to fast track the proposal, which the Center for Biological Diversity says has left no room for public input or environmental review required by federal law.
"This reckless attack on the Everglades—the lifeblood of Florida—risks polluting sensitive waters and turning more endangered Florida panthers into roadkill. It makes no sense to build what’s essentially a new development in the Everglades for any reason, but this reason is particularly despicable," said Elise Bennett, Florida and Caribbean director and attorney at the Center for Biological Diversity.
Reuters has reported that the planned jail could hold up to 5,000 detained migrants at a time and could cost $450 million per year to maintain. It comes as President Trump has sought to increase deportations to a quota of 3,000 per day. The majority of those who have been arrested by federal immigration authorities have no criminal records.
"This massive detention center," Bennett said, "will blight one of the most iconic ecosystems in the world."
Keep ReadingShow Less
Kristi Noem Took Personal Cut of Political Donations While Governor of South Dakota: Report
"No wonder Pam Bondi gutted the public integrity section of DOJ. To protect utterly corrupt monsters like Kristi Noem."
Jun 30, 2025
The investigative outlet ProPublica revealed Monday that Kristi Noem secretly took a personal cut of funds she raised for a nonprofit that boosted her political career—and then did not disclose the income when President Donald Trump selected her to serve as head of the Department of Homeland Security.
ProPublica reported that in 2023, while Noem was governor of South Dakota, the nonprofit group American Resolve Policy Fund "routed funds to a personal company of Noem's that had recently been established in Delaware." The company is called Ashwood Strategies, and it was registered in June 2023.
"The payment totaled $80,000 that year, a significant boost to her roughly $130,000 government salary," according to the outlet. "Since the nonprofit is a so-called dark money group—one that's not required to disclose the names of its donors—the original source of the money remains unknown."
Experts told ProPublica that the arrangement and Noem's failure to disclose the income were unusual at best and possibly unlawful.
"If donors to these nonprofits are not just holding the keys to an elected official's political future but also literally providing them with their income, that's new and disturbing," Daniel Weiner, a former Federal Election Commission attorney who now works at the Brennan Center for Justice, told ProPublica.
Noem's lawyers denied that she violated the law but did not reply to ProPublica's questions about whether the Office of Government Ethics was aware of the $80,000 payment.
Unlike many Trump administration officials, Noem is not a billionaire. But "while she is among the least wealthy members of Trump's Cabinet, her personal spending habits have attracted notice," ProPublica observed, noting that she was "photographed wearing a gold Rolex Cosmograph Daytona watch that costs nearly $50,000 as she toured the Salvadoran prison where her agency is sending immigrants."
"In April, after her purse was stolen at a Washington, D.C. restaurant, it emerged she was carrying $3,000 in cash, which an official said was for 'dinner, activities, and Easter gifts,'" the outlet continued. "She was criticized for using taxpayer money as governor to pay for expenses related to trips to Paris, to Canada for bear hunting, and to Houston to have dental work done. At the time, Noem denied misusing public funds."
Political scientist Norman Ornstein wrote Monday that it was "no wonder [Attorney General] Pam Bondi gutted the public integrity section of DOJ."
"To protect utterly corrupt monsters like Kristi Noem," he added.
Keep ReadingShow Less
Caving to Trump, Canada Drops Tax on US Tech Firms
One journalist accused Canadian Prime Minister Mark Carney of chickening out.
Jun 30, 2025
Acquiescing to pressure from the Trump administration, the Canadian government announced on Sunday that the country will rescind the digital services tax, a levy that would have seen large American tech firms pay billions of dollars to Canada over the next few years.
The Sunday announcement from the Canadian government cited "anticipation of a mutually beneficial comprehensive trade arrangement" as the reason for the rescission.
"Today's announcement will support a resumption of negotiations toward the July 21, 2025, timeline set out at this month's G7 Leaders' Summit in Kananaskis," said Canadian Prime Minister Mark Carney in the statement.
The digital services tax impacts companies that make over $20 million in revenue from Canadian users and customers through digital services like online advertising and shopping. Companies like Uber and Google would have paid a 3% levy on the money they made from Canadian sources, according to CBC News.
The reversal comes after U.S. President Donald Trump on Friday blasted the digital services tax, calling it a "direct and blatant attack on our country" on Truth Social.
Trump said he was suspending trade talks between the two countries because of the tax. "Based on this egregious Tax, we are hereby terminating ALL discussions on Trade with Canada, effective immediately. We will let Canada know the Tariff that they will be paying to do business with the United States of America within the next seven day period," Trump wrote. The United States is Canada's largest trading partner.
Payments from tech firms subject to the digital services tax were due starting on Monday, though the tax has been in effect since last year.
"The June 30, 2025 collection will be halted," and Canada's Minister of Finance "will soon bring forward legislation to rescind the Digital Services Tax Act," according to the Sunday statement.
"If Mark Carney folds in response to this pressure from Trump on the digital services tax, he proves he can be pushed around," said Canadian journalist Paris Marx on Bluesky, speaking prior to the announcement of the rescission. "The tax must be enforced," he added.
"Carney chickens out too," wrote the author Doug Henwood on Twitter on Monday.
In an opinion piece originally published in Canadian Dimension before the announcement on Sunday, Jared Walker, executive director of the progressive advocacy group Canadians for Tax Fairness, wrote that all the money generated for the tax could mean "more federal money for housing, transit, and healthcare transfers—all from some of the largest and most under-taxed companies in the world."
Walker also wrote that the digital service tax could serve as a counterweight to the so-called "revenge tax" provision in Trump's sprawling domestic tax and spending bill.
Section 899, called "Enforcement of Remedies Against Unfair Foreign Taxes," would "increase withholding taxes for non-resident individuals and companies from countries that the U.S. believes have imposed discriminatory or unfair taxes," according to CBC. The digital services tax is one of the taxes the Trump administration believes is discriminatory.
"If 'elbows up' is going to be more than just a slogan, Canada can't cave to pressure when Donald Trump throws his weight around," wrote Walker, invoking the Canadian rallying cry in the face of American antagonism when it comes to trade.
"But this slogan also means the Carney government has to make sure it is working on behalf of everyday Canadians—not just the ultra-rich and big corporations that are only 'Canadian' when it's convenient," Walker wrote.
Keep ReadingShow Less
Most Popular