Georgia Is Not a "Show Me Your Papers" State

From the Restore Fairness blog-

Guest blogger: Azadeh N. Shahshahani, National Security/Immigrants’ Rights Project Director, ACLU Foundation of Georgia.

Co-authored with Omar Jadwat, ACLU Immigrants’ Rights Project. Cross-posted from Huffington Post.

This week the ACLU and ACLU of Georgia along with a coalition of other civil rights groups filed a class action lawsuit challenging Georgia’s discriminatory anti-immigrant law inspired by Arizona’s notorious S.B. 1070. The Georgia law authorizes police to demand “papers” demonstrating citizenship or immigration status during traffic stops and makes it unjustifiably difficult for individuals without specific identification documents to access state facilities and services. The lawsuit charges the extreme law endangers public safety, invites the racial profiling of Latinos, Asians, and others who appear foreign to a police officer, and interferes with federal law.

The Georgia law criminalizes everyday folks who have daily interactions with undocumented individuals in their community, making people of faith and others vulnerable to arrest and detention while conducting acts of charity and kindness.

Paul Bridges is one such person. Mr. Bridges, one of our clients in the case, is a long-time supporter of the Republican Party and is the mayor of Uvalda, Georgia, a town of approximately 600 people in Montgomery County. Because he speaks Spanish and is a well-known presence in the community, Mr. Bridges often assists with interpretation in schools, doctors’ offices, court and other settings. He also provides transportation to undocumented individuals so they can go to church, the grocery store, doctors’ appointments and soccer tournaments in nearby towns. If the Georgia law goes into effect, Mr. Bridges and the undocumented individuals traveling with him will be at risk of criminal prosecution.

Paul J. Edwards is another plaintiff in our case who believes strongly in helping all individuals in his community regardless of their immigration status. Mr. Edwards is a devout Christian, and as part of his religious commitment, he transports people, including those who are undocumented, to places of worship and to locations which provide medical assistance. Under the Georgia law, he would be subject to criminal liability for assisting, transporting and harboring these undocumented individuals.

In the words of Anton Flores, Executive Director of Alterna, a faith-based organization that provides a variety of social services to the Latino immigrant community, under Georgia’s law: “we will be forced to wrestle with the new law that contradicts the mandates of our faith tradition as well as having to fear religious persecution and social pressures because of our programs and activities.”

The criminalization of these acts of hospitality, faith, and conscience is misplaced and poses an undue burden on Georgians’ every day interactions with their friends and community.

Georgia is not a “show me your papers” state nor one that believes in making certain people “untouchables” that others should be afraid to assist, house, or transport. We expect that the courts will block this fundamentally un-American law from implementation.

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Do we want a future where our religious faith makes us a target?

From our Restore Fairness blog-

The tragic events of September 11, 2001 also proved to be an unfortunate turning point in America’s socio-cultural dynamics. For a nation that’s built upon the principles of separating church and state, America’s multi-religious identity came to the forefront as specific groups, especially Muslims or Hindus and Sikhs (who were presumed to be Muslims), became the targets of mistrust and prejudice, both institutional and social. While Americans enjoy considerable religious freedom regardless of affiliation or faith, the increased polarization of the religious communities post-9/11 is a major cause for concern. This issue is addressed in Breakthrough’s multi-platform Facebook game America 2049 which, this week, takes players to Pigeon Forge, Tennessee.

The future that America 2049 presents, and asks players to save, shows a country torn apart by hate and mistrust. Yet the scenario of the future isn’t too far from us today. The Gainesville Times recently published a letter to the editor that exemplified the extremities of religious and ethnic hate that exists in certain parts of the country. A reader, responding to the May 6 story of a Delta Airlines pilot refusing to fly with two Islamic imams onboard, said-

It is impossible to distinguish between Muslims who are anti-American and just waiting for a chance to do us harm, and those who are merely pursuing their religious beliefs in this country. The only way to be sure and safe is to exclude them all. Such action would not constitute bias or racism against a particular nationality just because they may be different from us, or the condemnation of a specific religion because it differs from our beliefs but the action is necessary to create conditions in which it is safe to live without a constant fear of terrorism.

Such blatant justification of Islamophobia is alarming and begs us to work towards much more comprehensive multicultural education. Such views are further bolstered with several states, such as Tennessee, looking to pass a state bill which would essentially ban the practice of Sharia law in the state. The letter received much criticism and supports the statistic put forth by the Southern Poverty Law Center (SPLC) that since 2000, the number of organized hate groups has increased by 50 percent.

America 2049 provides players with an interactive scenario where this situation — which is already all too real — gets worse in the near future. Players also learn about the strong Anti-Catholic sentiments that pervaded America in the mid-1800s. Such sentiments gave rise to a political party called The Know-Nothings - so called because members swore to deny any knowledge of the party when questioned by outsiders. The Know-Nothings exhibited an extreme disapproval of the wave of Irish and German Catholic immigrants to the U.S in the mid-1800s, often engaging in violence and pushing for stricter immigration and naturalization laws to restrict Catholic presence in the country.

In a classic case of history repeating itself — a point America 2049 aims to make - we are now witness to similar sentiments against Muslim or Arabian/South Asian immigration to the U.S. The recent uproar around the proposed construction of an Islamic Cultural Center near Ground Zero in New York City serves as an apt example of this prejudice. America 2049 aims to address such issues of mistrust and blind discrimination by challenging players to make their own choices on how to confront religious profiling by contextualizing the entire issue across history. The crucial question, therefore, is - in a country that prides itself on freedoms of many kinds, do we want a future where our faith makes us a target?

Like America 2049| Follow America 2049

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New reports document discriminatory government treatment of Muslims in America

From our Restore Fairness blog-

Guest blogger: Amna Akbar, Senior Research Scholar & Advocacy Fellow at the Center for Human Rights and Global Justice at NYU School of Law, and co-author of both reports mentioned below.

Cross-posted from Rights Working Group.

There are visible and less visible ways the government has targeted Muslims, Arabs, and South Asians since September 11, 2001. With the death of Osama bin Laden, however, mainstream pundits, commentators, and lawmakers have attempted to push us to forget the damage and the grief this “war on terror” has brought to our communities—and to immigrant communities and communities of color more broadly.

The “war on terror” has provided a rationale and an argument for an augmentation of state power.  As in prior historical moments, the brunt of increased state power has fallen on vulnerable communities.

But it is important to remember and account for the ways in which our families and communities have been marked and have suffered.  To grieve for the ways in which we have had to change.

This past month, the Center for Human Rights and Global Justice (CHRGJ) has released two reports documenting, remembering, and memorializing.  Both reports raise serious human rights concerns.

Under the Radar: Muslims Deported, Detained, and Denied on Unsubstantiated Terrorism Allegations– which we released with the Asian American Legal Defense and Education Fund (AALDEF)– draws on interviews with attorneys and community-based groups, court documents, and media accounts to identify five key under-documented patterns of how the U.S. government has discriminatorily abused the immigration legal system against Muslim immigrants.  The patterns we document include the U.S. government’s use of unsubstantiated terrorism-related allegations without bringing official charges in cases involving ordinary immigration violations.  These practices prejudice the immigration judge and place the Muslim immigrant in a precarious situation where he is unable to defend himself against the allegations.  As a result, he is often pressured to self-deport.

Another pattern we document is the U.S. government’s use of flimsy immigration charges.  For example, the government often uses false statement charges for failure to disclose tenuous ties to Muslim charitable organizations in a way that seems to target Muslim immigrants for religious and political activities and affiliations.

The overall effect of these practices is that religious, cultural, and political affiliations and lawful activities of Muslims are being construed as dangerous terrorism-related factors to justify detention, deportation, and denial of immigration benefits.  The government seems to be targeting Muslim immigrants not for any particular acts, but on the basis of unsubstantiated innuendo drawing largely on their religious and ethnic identities, political views, employment histories, and ties to their home countries.

The patterns outlined in Under the Radar seem to be guided by racial and religious stereotypes, in a way that constitutes discrimination in violation of U.S. obligations under international human rights law.  The patterns also suggest the United States is failing to uphold its international human rights obligations to guarantee the rights to due process; liberty and security of person; freedom of religion; freedom of expression and opinion; and the right to privacy and family.   CHRGJ and AALDEF call on the government to put an immediate stop to the discriminatory targeting of Muslims through the immigration system, to provide greater transparency and accountability for immigration policies and enforcement.

Targeted and Entrapped: Manufacturing the ‘Homegrown Threat’ critically examines three high-profile domestic terrorism prosecutions and raises serious questions about the role of the Federal Bureau of Investigation (FBI) and the New York City Police Department (NYPD) in constructing the specter of “homegrown” terrorism through the deployment of paid informants to encourage terrorist plots in Muslim communities.  Focusing on the government’s cases against the Newburgh Four, the Fort Dix Five, and Shahawar Matin Siraj, the report relies on court documents, media accounts, and interviews with family members of the defendants to critically assess the government’s practices.  The report also, lays bare the devastating toll these practices have had on the families involved.

In the cases we examined, the government sent paid informants into Muslim communities, without any basis for suspicion of criminal activity.  The government’s informants introduced, cultivated, and then aggressively pushed ideas about violent jihad, encouraging the defendants to believe that it was their duty to take action against the United States.  The informants also selected or encouraged the proposed locations that the defendants would later be accused of targeting, and provided the defendants with—or encouraged the defendants to acquire—material evidence, such as weaponry or violent videos, which would later be used to convict them.  The defendants in these cases have all been convicted and currently face prison sentences ranging from 25 years to life.

The families caught up in these abusive government practices have been torn apart. As a result of these prosecutions, they have lost their loved ones to prison, but they have also been branded as families of terrorists. They have lost jobs, family, and friends. Though many of them are organizing for change, the devastating impacts cannot be overestimated.

A number of cases around the country, raising similar concerns, suggest that these practices are illustrative of larger patterns of law enforcement activities targeting Muslim communities.  The report considers key trends in counterterrorism law enforcement policies that have facilitated these practices, including the government’s promulgation of so-called radicalization theories that justify the abusive targeting of entire communities based on the unsubstantiated notion that Muslims in the U.S. are “radicalizing.”  The prosecutions that result from these practices are central to the government’s claim that the country faces a “homegrown threat” of terrorism, and have bolstered calls for the continued use of informants in Muslim communities.

These practices are violative of U.S. obligations to guarantee, without discrimination, the rights to: a fair trial, religion, expression, and opinion; and effective remedy. The report calls on the government to stop discriminating against Muslims in counterterrorism investigations; to hold hearings on the impacts that current law enforcement practices are having on Muslim communities; and to revise the guidelines that currently govern FBI and NYPD activities and allow for such abusive practices to go unchecked.

Both reports raise serious concerns about the ways in which the U.S. government is marking Muslims and Muslim communities as particularly dangerous.  These practices have taken profound tolls on our communities.  The need to remember, and to remain vigilant, remains.

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DHS announces investigation of the misnamed "Secure Communities" program

 

From our Restore Fairness blog-

In a move that has been widely welcomed by advocates for fair immigration policies, the Department of Homeland Security's (DHS) Office of Inspector General announced this week that they plan to carry out an investigation of ICE's Secure Communities program. Since the introduction of this program, ICE has faced criticism for many aspects of it, most importantly the lack of transparency and clarity with which ICE has executed the program. Representative Zoe Lofgren (D-San Jose), who has been instrumental in demanding the review of the highly controversial "Secure Communities" program, called on DHS to launch the investigation immediately following allegations that ICE had disseminated misleading information over the specifics of the program.

In a joint press release from the Center for Constitutional Rights (CCR) and National Day Laborer Organizing Network (NDLON), the CCR attorney Sunita Patel said-

"The worst part of ICE's lack of transparency and accountability in the development and deployment of S-Comm is that every day S-Comm tears families apart and spreads fear in immigrant communities across the nation. ICE's conduct belies a fundamental lack of respect for democracy and the people that are impacted by its harsh policies."

Established in 2008, the Secure Communities program is DHS’s latest attempt to use local law enforcement to push people into the immigrant detention system. As per the program, all local law enforcement has to do is arrest someone on an offense, minor or major–  and before the person is even convicted of the offense – their fingerprints are checked against federal immigration databases. If the fingerprint scan gets a “hit,” immigrants can end up getting carted off by Immigration and Customs Enforcement to an immigration detention center, putting them in for deportation proceedings. The lack of due process sets the stage for racial profiling without any proper training or real consequences for police agents. Many local law enforcement officials and counties have sought to opt-out of the program on the grounds that it leads to mistrust between the community and law enforcement, in addition to being an inefficient way of enforcing immigration laws.

Moreover, recent data about the program, released by ICE in response to a Freedom of Information Act lawsuit by the National Day Laborer Organizing Network, Center for Constitutional Rights and the Kathryn O. Greenberg Immigration Justice Clinic of the Benjamin Cardozo School of Law, contradicts ICE's claim that the program is targeting high-level, dangerous criminals.

Based on a recent analysis of this data, Bridget Kessler of Benjamin Cardozo School of Law said-

Nationally, 1 in 4 people deported under S-Comm haven’t been convicted of any crime. That ratio jumps to over 50% in Boston, certain areas of California, and in multiple examples across the country.Those numbers raise questions about how S-Comm may allow local police to cover up profiling and circumvent due process.

The latest data analysis,  ICE's lack of accountability and transparency around the program, along with the slew of critiques of the program from law enforcement officials, local government officials and immigration advocates indicates that, contrary to its name, Secure Communities is a program that makes people feel less safe, hurting the trust that is a cornerstone of an effective law enforcement system in a diverse country such as this.

This storm of objections over ICE and its Secure Communities program comes at a time when the U.S demographics are evolving rapidly and highlighting the ever pressing need for fair and just immigration reform that acknowledges the vastly diverse immigrant population of this country. The 2010 Census pointed to a significant increase in the minority (non-white) populations in the U.S., up from 31% in 2000 to 39% according to the latest numbers. Four states - California, Hawaii, New Mexico and Texas - now have minority populations that exceeded 50%, with Texas being the latest addition in this census. Painting a picture of the rapidly evolving demographic of our country, the Census results highlighted a dramatic increase in the Latino and Asian populations. While the Latino group grew by 3.1% to 48.4 million becoming the largest minority, the Asian population went up by 2.5% to 13.7 million. The African-American population grew less than 1% to 37.7 million, becoming the second-largest minority. Perhaps more interestingly, the fastest growing demographic was of those who identified themselves as "two or more races." The Census reported that 9 million Americans identified as being multiracial, comprising 2.8% of the US population, a 3.2% increase since the last time. However, some estimate that the actual number is much higher, owing to people who picked one race over another or are simply unaware that they are multiracial.

Since the 1967 Supreme Court decision that repealed anti-miscegenation laws across several states, deeming them unconstitutional, there has been a considerable increase in the number of interracial couples and mixed-race children. The increase has also been spurred, in a large part, by the stream of immigrants that have made this country their home. It is time that the government makes sweeping changes to its policies towards immigrant populations, and ensure an end to harsh enforcement practices that break down the trust between communities and law enforcement, and endanger the safety and security of families. To lend your voice to ending the Secure Communities program, sign the NDLON petition at change.org.

For a lighter take on this issue, watch a segment on immigration reform from 'The Daily Show with Jon Stewart.' Stewart introduced Al Madrigal, a Mexican-American comedian who debuted as their new “Señior” Latino Correspondent. For his first report, Madrigal chose to focus on immigration reform.

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Momentum is building for immigration reform

From our Restore Fairness blog-

Could the conversation about immigration finally be changing?

Following the Obama administration's determination in February that the Defense of Marriage Act (DOMA) unconstitutionally discriminates against same-sex couples, Attorney General Eric Holder last week requested that the immigration appeals court consider granting legal residency to an Irishman in a civil union with an American man. A Newark judge also suspended the deportation of Henry Velandia of Venezuela-- who is married to  American, Josh Vandiver-- in order to allow time for the court and the Department of Justice to determine under what circumstances a gay partner might be eligible for residency. These recent steps are a welcome indication that the Obama administration is working toward a fair and just policy towards bi-national same-sex couples.

In 2009, Restore Fairness used the power of documentary to tell the story of one such family, who was facing separation because their domestic partnership wasn't recognized under DOMA. The video gives a voice to Shirley Tan, who came from the Philippines decades ago and built a life with her partner Jay, giving birth to twin boys and becoming a full-time mother. When we spoke to her, Shirley faced the biggest challenge of her life as she fought to stay on in the United States, crippled by laws that do not allow gay and lesbian couples to sponsor their partners.

Watch the Restore Fairness video of Two Moms Fighting to Stay Together.

In another positive step for immigration, the state of Illinois last week became the first state to entirely opt out of the so-called "Secure Communities," which requires local police to send fingerprints of all arrestees to federal immigration databases, with immigrants who are found "deportable" being directly pushed into the deeply flawed detention and deportation system. This costly program threatens to reduce trust between local law enforcement and communities, encourage racial profiling and separate families. However, despite Illinois Gov. Quinn's decisive announcement, and increased resistance from states and police departments across the country, the Department of Homeland Security has said that they will not allow Illinois to withdraw. In another indication that partnerships between ICE and local law enforcement are on the increase, Georgia Governor Nathan Deal signed into law on May 13, an immigration bill that would give local police the authority to question suspects about their immigration status. This law, which is being compared to Arizona's SB1070, could lead to decreased trust between local police and communities, and increase the occurrence of racial profiling. The law has been met with much criticism already. Jerry Gonzalez, executive director of the Georgia Association of Latino Elected Officials, reacted-

Today is a dark day for Georgia. Our concern stems from the very serious economic repercussions that will be felt against our state on numerous fronts and the very serious civil and human rights abuses that will also likely follow...

This trend of states being given greater control of immigration policies, which is actually a federal issue, signals a threat to the otherwise positive momentum in the immigration movement. Joining the opposition to the "Secure Communities" program 38 lawmakers earlier this week sent a letter to New York Governor Cuomo urging him to terminate Secure Communities in New York State. Religious leaders from many faiths, joined by advocates and community members, yesterday held a vigil outside Governor Cuomo's Manhattan office, to request him to stop unjust deportations. Speakers at the vigil applauded Illinois for withdrawing from Secure Communities and urged New York to protect New York's immigrant communities by doing the same. You too can take action against Secure Communities, contact your state Governor to help your state withdraw from the program.

In another update, Senator Durbin (D-IL) and Senator Reid (D-NV) yesterday introduced the DREAM Act in the 112th session of Congress. If passed, it could positively impact the lives of 2.1 million young people in the United States. Despite the regained impetus of the DREAM Act this year, the movement lost the support of its third and final Republican politicians. Senator Dick Lugar (R-IN) abandoned his previous support for the DREAM Act and joins Representative Jeff Flake (R-AZ) and Senator John McCain (R-AZ) who have already denounced their support. Senator Lugar blamed President Obama's increased politicization of the issue for his withdrawal, even though it seems he has made the decision because of a rising Tea Party challenger in the Primary. However, many feel optimistic about the renewed chances of the bill this year. The DREAM Act's failure in Congress last December was a huge disappointment, but the movement, supported by President Obama, is only getting stronger. And with your support, we can take this step forward in ensuring that young people who have worked tirelessly to build their lives in America- and contribute to the society- enjoy the rights they deserve.

The passage of the DREAM Act would benefit people like Emilio, a young man who was brought to the U.S. by his parents at the age of six. Speaking about his American identity, the only one he has ever really known, Emilio said-

“I went through elementary, middle, and high school in North Carolina, and it is the only place that I call home.  I graduated from high school in 2010 as one of the top ten students in my class, as an honor student, an AP scholar with hundreds of hours of community service, and I was awarded a full-ride scholarship to my first choice university.  However, unless the broken immigration system is fixed, when I graduate from college in four years I won’t be able to use my college degree.  My dream is to give back to my community.”

Immediately prior to the re-submission of the DREAM Act in Congress came a speech by President Obama to border communities in El Paso, Texas earlier this week. Obama reiterated his commitment to fair and just comprehensive immigration reform. He expressed his support for the DREAM Act, for keeping families together, and for visa reform. While this is not the first time we have heard these commitments, there is no denying the positive momentum that is building toward preventing the injustices caused by a broken immigration system. When we deny fairness to some, we put all of our rights at risk. Join Restore Fairness in our commitment to telling stories, inviting conversation, and inspiring action that will help America move even further in the right direction.

We strongly believe in the power of using culture to change culture. We're using our new Facebook game, America 2049, to weave human rights issues-- especially racial justice and immigration-- into each week of game play. As we continue to tell these stories in the hope of changing the conversation, we ask that you play America 2049, and join the dialogue and action that will move us forward.

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