Stories We Will Still Have to Write in 2012

 

by WALTER and ROSEMARY BRASCH

 

In January 2009, with a new president about to be inaugurated, we wrote a column about the stories we preferred not having to write, but knew we would. Three years later, we are still writing about those problems; three years from now, we’ll still be writing about them.

We had wanted the U.S. Department of the Interior to stop the government-approved slaughter of wild horses and burros in the southwest, but were disappointed that the cattle industry used its money and influence to shelter politicians from Americans who asked for compassion and understanding of  breeds that roamed freely long before the nation’s “Manifest Destiny.”

We wanted to see the federal government protect wolves, foxes, and coyotes, none of whom attack humans, have no food or commercial value, but are major players in environmental balance. But, we knew that the hunting industry would prevail since they see these canines only as competition.

We wanted to see the Pennsylvania legislature stand up for what is right and courageously end the cruelty of pigeon shoots. But, a pack of cowards left Pennsylvania as the only state where pigeon shoots, with their illegal gambling, are actively held.

For what seems to be decades, we have written against racism and bigotry. But many politicians still believe that gays deserve few, if any, rights; that all Muslims are enemy terrorists; and publicly lie that Voter ID is a way to protect the integrity of the electoral process, while knowing it would disenfranchise thousands of poor and minority citizens.

We will continue to write about the destruction of the environment and of ways people are trying to save it. Environmental concern is greater than a decade ago, but so is the ignorant prattling of those who believe global warming is a hoax, and mistakenly believe that the benefits of natural gas fracking, with well-paying jobs in a depressed economy, far outweigh the environmental, health, and safety problems they cause.

We will continue to write against government corruption, bailouts, tax advantages for the rich and their corporations, governmental waste, and corporate greed. They will continue to exist because millionaire legislators will continue to protect those who contribute to political campaigns. Nevertheless, we will continue to speak out against politicians who have sacrificed the lower- and middle-classes in order to protect the one percent.

We will continue to write about the effects of laying off long-time employees and of outsourcing jobs to “maximize profits.” Until Americans realize that “cheaper” doesn’t necessarily mean “better,” we’ll continue to explain why exploitation knows no geographical boundaries.

The working class successfully launched major counter-attacks against seemingly-entrenched anti-labor politicians in Wisconsin, Ohio, and other states. But these battles will be as long and as bitter as the politicians who deny the rights of workers. We will continue to speak out for worker rights, better working conditions, and benefits at least equal to their managers. We don’t expect anything to change in 2012, but we are still hopeful that a minority of business owners who already respect the worker will influence the rest.

There are still those who believe education is best served by programs manacled by teaching-to-the-test mentality, and are more than willing to sacrifice quality for numbers. We will continue to write about problems in the nation’s educational system, especially the failure to encourage intellectual curiosity and respect for the tenets of academic integrity.

Against great opposition, the President and Congress passed sweeping health care reform. But, certain members of Congress, all of whom have better health care than most Americans, have proclaimed they will dismantle the program they derisively call “Obamacare.”

During this new year, we will still be writing about the unemployed, the homeless, those without adequate health coverage—and against the political lunatics who continue to deny Americans the basics of human life, essentials that most civilized countries already give their citizens.

We had written forcefully against the previous president and vice-president when they strapped on their six-shooters and sent the nation into war in a country that posed no threat to us, while failing to adequately attack a country that housed the core of the al-Qaeda movement. We wrote about the Administration’s failure to provide adequate protection for the soldiers they sent into war or adequate and sustained mental and medical care when they returned home. The War in Iraq is now over, but the war in Afghanistan continues. The reminder of these wars will last as long as there are hospitals and cemeteries.

We had written dozens of stories against the Bush–Cheney Administration’s belief in the use of torture and why it thought it was necessary to shred parts of the Constitution. We had hoped that a new president, a professor of Constitutional law, would stop the attack upon our freedoms and rights. But the PATRIOT Act was extended, and new legislation was enacted that reduces the rights and freedoms of all citizens. At all levels of government, Constitutional violations still exist, and a new year won’t change our determination to bring to light these violations wherever and whenever they occur.

The hope we and this nation had for change we could believe in, and which we still hope will not die, has been minced by the reality of petty politics, with the “Party of No” and its raucous Teabagger mutation blocking social change for America’s improvement. We can hope that the man we elected will realize that compromise works only when the opposition isn’t entrenched in a never-ending priority not of improving the country, but of keeping him from a second term. Perhaps now, three years after his inauguration, President Obama will disregard the disloyal opposition and unleash the fire and truth we saw in the year before his election, and will speak out even more forcefully for the principles we believed when we, as a nation, gave him the largest vote total of any president in history.

We really want to be able to write columns about Americans who take care of each other, about leaders who concentrate upon fixing the social problems. But we know that’s only an ethereal ideal.  So, we’ll just have to hope that the waters of social justice wear down, however slowly, the jagged rocks of haughty resistance.

 [Dr. Walter Brasch is an award-winning social issues columnist, former newspaper investigative reporter and editor, and journalism professor. His latest book is Before the First Snow, a social issues mystery novel. Rosemary Brasch is a former secretary, Red Cross national disaster family services specialist, labor activist, and university instructor of labor studies.]

 

 

 

U.S. Violating Constitutional Rights of Citizens and Undocumented Workers

 

By VALERIE BURCH

 

Mohammed Uddin lived in New York City for 15 out of his 41 years. Back in Bangladesh, he wouldn't be able to get the life-sustaining heart medication he takes daily for a rare form of severe hypertension called Wolff-Parkinson-White Syndrome. On the tarmac at Harrisburg International Airport on May 13, 2008, about to begin the arduous journey back to Bangladesh, his blood pressure soared and he lost consciousness.

 Tioti Tong was crewing the Cap San Augustin when it docked at Philadelphia in August 2008. Other crew had stowed narcotics aboard, and the Department of Homeland Security heard about it. When agents raided the ship, Tioti was arrested with the other Kiribatian crew. Long after the Cap San Augustin departed and Tioti was cleared of all charges, he sat in Lackawanna County Prison for another year, speaking only Kiribatian, with no way home, forgotten by the government that had arrested him.

 Abed Asie is a citizen of no country. He snuck into this one five years ago. Found out, he threw up his hands and acquiesced to deportation at the first opportunity. For more than a year he languished in Pennsylvania prisons, dressed in prison orange and never setting foot outdoors, writing letter after letter searching for a safe way home to a land with no airport, no agreed-upon name, and no official government. The son of a divided family in a divided land, (his father is Jewish, his mother Muslim) he longs to return home to Nablus. His return has proved impossible, and he continues to wait for freedom in a Pennsylvania prison.

 The logistics of our immigration system are painful, particularly for these ACLU-PA clients, but to many our immigration system is just that-logistics. Each year, the Department of Homeland Security (DHS) detains more than 300,000 people in "administrative custody" under the Immigration and Nationality Act (INA). Such custody is not accompanied by the procedural protections afforded convicted criminals. Immigrants arrested by DHS have no right to a lawyer. Often, no judge reviews their custody. They aren't given the same medical treatment as their cellmates-native criminals. They sometimes wait for years while the courts decide whether they may remain in the United States. They are assigned a number-an "Alien Registration Number" which they had best memorize, because it's likely that no one in the jails they'll visit will be able to pronounce their names.

 And, they will likely visit a lot of jails.

 DHS moves detainees any prison in the nation where it has "bedspace."  One woman, plucked from an Amtrak train during what was to be a brief station stop in Erie, struggled to recount the number and names of the Pennsylvania prisons through which she was transferred over the course of a 30-day period before she landed in front of an immigration judge at York County Prison. At each jail, she said, it was the same.

 "No one there could tell us why were being held, for how long or where we were going next. We were 'immigration,' and our jailors didn't know anything about that."

 Add to this the fact that friends and family of the detained person frantically phone government offices where no one answers in English, let alone Kiribati, and immeasurable, unnecessary suffering results.

 At least 11 Pennsylvania county prisons have contracts with DHS to hold immigration detainees: Allegheny County Jail, Berks County Family Shelter, Berks County Prison, Berks County Secure Juvenile Facility, Cambria County Prison, Clinton County Correctional Facility, Columbia County Prison, Erie County Prison, Lackawanna County Prison, Pike County Prison, and York County Prison.

 Most DHS detainees held in Pennsylvania have been arrested in greater New York City, New Jersey and Philadelphia after residing in the U.S. for years. They often present complicated claims for relief from removal based on U.S. family ties, length of time here and fear of return to their home countries. These people, who present strong arguments to remain, find themselves in detention the longest. On January 25, 2009, 551 of 1,135 immigrants detained in PA had been detained longer than the 45 days. One of them had been detained for 5 years.

 The rate at which people detained by DHS move through the commonwealth is astounding. Most must travel through York County Prison which houses an immigration court. Over the course of a year 10,000 people are shuttled through York and off to everywhere in the world. But, this massive forced migration is invisible, unless you're looking. Pennsylvania's detained people are transported in unmarked buses (see photo on page 1). They are held in regular county jails that often bear no insignia of a federal government presence.

 The Fifth Amendment to the U.S. Constitution reads, in part, "No person shall be . . . deprived of life, liberty or property without due process of law."  The promise of freedom made by our Constitution applies to every person in the United States, not just to citizens.

 The ACLU-PA works every day to keep this promise. Since 2008, the ACLU-PA, along with the ACLU's Immigrants' Rights Project, has won the release of eight people detained by DHS longer than one year in Pennsylvania's prisons. In one of these cases, filed as a class action with the help of Pepper Hamilton LLP, the Middle District of Pennsylvania acknowledged, "the growing consensus within this district and, indeed it appears throughout the federal courts, that prolonged detention of aliens . . . raises serious constitutional concerns." The case, Alli v Decker, is on its way to the U.S. Court of Appeals for the Third Circuit, where we hope for a decision that will set free Pennsylvania's DHS detainees who have been held for more than a year absent any judicial review of the decision to detain.

 According to the government's interpretation of the law, people jailed for years by DHS are not even entitled to a hearing before a judge who has the power to set them free. DHS's "administrative detention" powers, it argues, are absolute. We believe that the Fifth Amendment applies to all people, and as such, we trudge onward through the courts.

 

[Valerie Burch is a staff attorney for the ACLU of Pennsylvania. Prior to joining the ACLU, she served as managing attorney of the Pennsylvania Immigration Resource Center, where she litigated immigration cases. She is a 2004 graduate of Penn State's Dickinson School of Law and a 2000 graduate of the University of Rochester.

 

 

U.S. Violating Constitutional Rights of Citizens and Undocumented Workers

 

By VALERIE BURCH

 

Mohammed Uddin lived in New York City for 15 out of his 41 years. Back in Bangladesh, he wouldn't be able to get the life-sustaining heart medication he takes daily for a rare form of severe hypertension called Wolff-Parkinson-White Syndrome. On the tarmac at Harrisburg International Airport on May 13, 2008, about to begin the arduous journey back to Bangladesh, his blood pressure soared and he lost consciousness.

 Tioti Tong was crewing the Cap San Augustin when it docked at Philadelphia in August 2008. Other crew had stowed narcotics aboard, and the Department of Homeland Security heard about it. When agents raided the ship, Tioti was arrested with the other Kiribatian crew. Long after the Cap San Augustin departed and Tioti was cleared of all charges, he sat in Lackawanna County Prison for another year, speaking only Kiribatian, with no way home, forgotten by the government that had arrested him.

 Abed Asie is a citizen of no country. He snuck into this one five years ago. Found out, he threw up his hands and acquiesced to deportation at the first opportunity. For more than a year he languished in Pennsylvania prisons, dressed in prison orange and never setting foot outdoors, writing letter after letter searching for a safe way home to a land with no airport, no agreed-upon name, and no official government. The son of a divided family in a divided land, (his father is Jewish, his mother Muslim) he longs to return home to Nablus. His return has proved impossible, and he continues to wait for freedom in a Pennsylvania prison.

 The logistics of our immigration system are painful, particularly for these ACLU-PA clients, but to many our immigration system is just that-logistics. Each year, the Department of Homeland Security (DHS) detains more than 300,000 people in "administrative custody" under the Immigration and Nationality Act (INA). Such custody is not accompanied by the procedural protections afforded convicted criminals. Immigrants arrested by DHS have no right to a lawyer. Often, no judge reviews their custody. They aren't given the same medical treatment as their cellmates-native criminals. They sometimes wait for years while the courts decide whether they may remain in the United States. They are assigned a number-an "Alien Registration Number" which they had best memorize, because it's likely that no one in the jails they'll visit will be able to pronounce their names.

 And, they will likely visit a lot of jails.

 DHS moves detainees any prison in the nation where it has "bedspace."  One woman, plucked from an Amtrak train during what was to be a brief station stop in Erie, struggled to recount the number and names of the Pennsylvania prisons through which she was transferred over the course of a 30-day period before she landed in front of an immigration judge at York County Prison. At each jail, she said, it was the same.

 "No one there could tell us why were being held, for how long or where we were going next. We were 'immigration,' and our jailors didn't know anything about that."

 Add to this the fact that friends and family of the detained person frantically phone government offices where no one answers in English, let alone Kiribati, and immeasurable, unnecessary suffering results.

 At least 11 Pennsylvania county prisons have contracts with DHS to hold immigration detainees: Allegheny County Jail, Berks County Family Shelter, Berks County Prison, Berks County Secure Juvenile Facility, Cambria County Prison, Clinton County Correctional Facility, Columbia County Prison, Erie County Prison, Lackawanna County Prison, Pike County Prison, and York County Prison.

 Most DHS detainees held in Pennsylvania have been arrested in greater New York City, New Jersey and Philadelphia after residing in the U.S. for years. They often present complicated claims for relief from removal based on U.S. family ties, length of time here and fear of return to their home countries. These people, who present strong arguments to remain, find themselves in detention the longest. On January 25, 2009, 551 of 1,135 immigrants detained in PA had been detained longer than the 45 days. One of them had been detained for 5 years.

 The rate at which people detained by DHS move through the commonwealth is astounding. Most must travel through York County Prison which houses an immigration court. Over the course of a year 10,000 people are shuttled through York and off to everywhere in the world. But, this massive forced migration is invisible, unless you're looking. Pennsylvania's detained people are transported in unmarked buses (see photo on page 1). They are held in regular county jails that often bear no insignia of a federal government presence.

 The Fifth Amendment to the U.S. Constitution reads, in part, "No person shall be . . . deprived of life, liberty or property without due process of law."  The promise of freedom made by our Constitution applies to every person in the United States, not just to citizens.

 The ACLU-PA works every day to keep this promise. Since 2008, the ACLU-PA, along with the ACLU's Immigrants' Rights Project, has won the release of eight people detained by DHS longer than one year in Pennsylvania's prisons. In one of these cases, filed as a class action with the help of Pepper Hamilton LLP, the Middle District of Pennsylvania acknowledged, "the growing consensus within this district and, indeed it appears throughout the federal courts, that prolonged detention of aliens . . . raises serious constitutional concerns." The case, Alli v Decker, is on its way to the U.S. Court of Appeals for the Third Circuit, where we hope for a decision that will set free Pennsylvania's DHS detainees who have been held for more than a year absent any judicial review of the decision to detain.

 According to the government's interpretation of the law, people jailed for years by DHS are not even entitled to a hearing before a judge who has the power to set them free. DHS's "administrative detention" powers, it argues, are absolute. We believe that the Fifth Amendment applies to all people, and as such, we trudge onward through the courts.

 

[Valerie Burch is a staff attorney for the ACLU of Pennsylvania. Prior to joining the ACLU, she served as managing attorney of the Pennsylvania Immigration Resource Center, where she litigated immigration cases. She is a 2004 graduate of Penn State's Dickinson School of Law and a 2000 graduate of the University of Rochester.

 

 

U.S. Violating Constitutional Rights of Citizens and Undocumented Workers

 

By VALERIE BURCH

 

Mohammed Uddin lived in New York City for 15 out of his 41 years. Back in Bangladesh, he wouldn't be able to get the life-sustaining heart medication he takes daily for a rare form of severe hypertension called Wolff-Parkinson-White Syndrome. On the tarmac at Harrisburg International Airport on May 13, 2008, about to begin the arduous journey back to Bangladesh, his blood pressure soared and he lost consciousness.

 Tioti Tong was crewing the Cap San Augustin when it docked at Philadelphia in August 2008. Other crew had stowed narcotics aboard, and the Department of Homeland Security heard about it. When agents raided the ship, Tioti was arrested with the other Kiribatian crew. Long after the Cap San Augustin departed and Tioti was cleared of all charges, he sat in Lackawanna County Prison for another year, speaking only Kiribatian, with no way home, forgotten by the government that had arrested him.

 Abed Asie is a citizen of no country. He snuck into this one five years ago. Found out, he threw up his hands and acquiesced to deportation at the first opportunity. For more than a year he languished in Pennsylvania prisons, dressed in prison orange and never setting foot outdoors, writing letter after letter searching for a safe way home to a land with no airport, no agreed-upon name, and no official government. The son of a divided family in a divided land, (his father is Jewish, his mother Muslim) he longs to return home to Nablus. His return has proved impossible, and he continues to wait for freedom in a Pennsylvania prison.

 The logistics of our immigration system are painful, particularly for these ACLU-PA clients, but to many our immigration system is just that-logistics. Each year, the Department of Homeland Security (DHS) detains more than 300,000 people in "administrative custody" under the Immigration and Nationality Act (INA). Such custody is not accompanied by the procedural protections afforded convicted criminals. Immigrants arrested by DHS have no right to a lawyer. Often, no judge reviews their custody. They aren't given the same medical treatment as their cellmates-native criminals. They sometimes wait for years while the courts decide whether they may remain in the United States. They are assigned a number-an "Alien Registration Number" which they had best memorize, because it's likely that no one in the jails they'll visit will be able to pronounce their names.

 And, they will likely visit a lot of jails.

 DHS moves detainees any prison in the nation where it has "bedspace."  One woman, plucked from an Amtrak train during what was to be a brief station stop in Erie, struggled to recount the number and names of the Pennsylvania prisons through which she was transferred over the course of a 30-day period before she landed in front of an immigration judge at York County Prison. At each jail, she said, it was the same.

 "No one there could tell us why were being held, for how long or where we were going next. We were 'immigration,' and our jailors didn't know anything about that."

 Add to this the fact that friends and family of the detained person frantically phone government offices where no one answers in English, let alone Kiribati, and immeasurable, unnecessary suffering results.

 At least 11 Pennsylvania county prisons have contracts with DHS to hold immigration detainees: Allegheny County Jail, Berks County Family Shelter, Berks County Prison, Berks County Secure Juvenile Facility, Cambria County Prison, Clinton County Correctional Facility, Columbia County Prison, Erie County Prison, Lackawanna County Prison, Pike County Prison, and York County Prison.

 Most DHS detainees held in Pennsylvania have been arrested in greater New York City, New Jersey and Philadelphia after residing in the U.S. for years. They often present complicated claims for relief from removal based on U.S. family ties, length of time here and fear of return to their home countries. These people, who present strong arguments to remain, find themselves in detention the longest. On January 25, 2009, 551 of 1,135 immigrants detained in PA had been detained longer than the 45 days. One of them had been detained for 5 years.

 The rate at which people detained by DHS move through the commonwealth is astounding. Most must travel through York County Prison which houses an immigration court. Over the course of a year 10,000 people are shuttled through York and off to everywhere in the world. But, this massive forced migration is invisible, unless you're looking. Pennsylvania's detained people are transported in unmarked buses (see photo on page 1). They are held in regular county jails that often bear no insignia of a federal government presence.

 The Fifth Amendment to the U.S. Constitution reads, in part, "No person shall be . . . deprived of life, liberty or property without due process of law."  The promise of freedom made by our Constitution applies to every person in the United States, not just to citizens.

 The ACLU-PA works every day to keep this promise. Since 2008, the ACLU-PA, along with the ACLU's Immigrants' Rights Project, has won the release of eight people detained by DHS longer than one year in Pennsylvania's prisons. In one of these cases, filed as a class action with the help of Pepper Hamilton LLP, the Middle District of Pennsylvania acknowledged, "the growing consensus within this district and, indeed it appears throughout the federal courts, that prolonged detention of aliens . . . raises serious constitutional concerns." The case, Alli v Decker, is on its way to the U.S. Court of Appeals for the Third Circuit, where we hope for a decision that will set free Pennsylvania's DHS detainees who have been held for more than a year absent any judicial review of the decision to detain.

 According to the government's interpretation of the law, people jailed for years by DHS are not even entitled to a hearing before a judge who has the power to set them free. DHS's "administrative detention" powers, it argues, are absolute. We believe that the Fifth Amendment applies to all people, and as such, we trudge onward through the courts.

 

[Valerie Burch is a staff attorney for the ACLU of Pennsylvania. Prior to joining the ACLU, she served as managing attorney of the Pennsylvania Immigration Resource Center, where she litigated immigration cases. She is a 2004 graduate of Penn State's Dickinson School of Law and a 2000 graduate of the University of Rochester.

 

 

U.S. Violating Constitutional Rights of Citizens and Undocumented Workers

 

By VALERIE BURCH

 

Mohammed Uddin lived in New York City for 15 out of his 41 years. Back in Bangladesh, he wouldn't be able to get the life-sustaining heart medication he takes daily for a rare form of severe hypertension called Wolff-Parkinson-White Syndrome. On the tarmac at Harrisburg International Airport on May 13, 2008, about to begin the arduous journey back to Bangladesh, his blood pressure soared and he lost consciousness.

 Tioti Tong was crewing the Cap San Augustin when it docked at Philadelphia in August 2008. Other crew had stowed narcotics aboard, and the Department of Homeland Security heard about it. When agents raided the ship, Tioti was arrested with the other Kiribatian crew. Long after the Cap San Augustin departed and Tioti was cleared of all charges, he sat in Lackawanna County Prison for another year, speaking only Kiribatian, with no way home, forgotten by the government that had arrested him.

 Abed Asie is a citizen of no country. He snuck into this one five years ago. Found out, he threw up his hands and acquiesced to deportation at the first opportunity. For more than a year he languished in Pennsylvania prisons, dressed in prison orange and never setting foot outdoors, writing letter after letter searching for a safe way home to a land with no airport, no agreed-upon name, and no official government. The son of a divided family in a divided land, (his father is Jewish, his mother Muslim) he longs to return home to Nablus. His return has proved impossible, and he continues to wait for freedom in a Pennsylvania prison.

 The logistics of our immigration system are painful, particularly for these ACLU-PA clients, but to many our immigration system is just that-logistics. Each year, the Department of Homeland Security (DHS) detains more than 300,000 people in "administrative custody" under the Immigration and Nationality Act (INA). Such custody is not accompanied by the procedural protections afforded convicted criminals. Immigrants arrested by DHS have no right to a lawyer. Often, no judge reviews their custody. They aren't given the same medical treatment as their cellmates-native criminals. They sometimes wait for years while the courts decide whether they may remain in the United States. They are assigned a number-an "Alien Registration Number" which they had best memorize, because it's likely that no one in the jails they'll visit will be able to pronounce their names.

 And, they will likely visit a lot of jails.

 DHS moves detainees any prison in the nation where it has "bedspace."  One woman, plucked from an Amtrak train during what was to be a brief station stop in Erie, struggled to recount the number and names of the Pennsylvania prisons through which she was transferred over the course of a 30-day period before she landed in front of an immigration judge at York County Prison. At each jail, she said, it was the same.

 "No one there could tell us why were being held, for how long or where we were going next. We were 'immigration,' and our jailors didn't know anything about that."

 Add to this the fact that friends and family of the detained person frantically phone government offices where no one answers in English, let alone Kiribati, and immeasurable, unnecessary suffering results.

 At least 11 Pennsylvania county prisons have contracts with DHS to hold immigration detainees: Allegheny County Jail, Berks County Family Shelter, Berks County Prison, Berks County Secure Juvenile Facility, Cambria County Prison, Clinton County Correctional Facility, Columbia County Prison, Erie County Prison, Lackawanna County Prison, Pike County Prison, and York County Prison.

 Most DHS detainees held in Pennsylvania have been arrested in greater New York City, New Jersey and Philadelphia after residing in the U.S. for years. They often present complicated claims for relief from removal based on U.S. family ties, length of time here and fear of return to their home countries. These people, who present strong arguments to remain, find themselves in detention the longest. On January 25, 2009, 551 of 1,135 immigrants detained in PA had been detained longer than the 45 days. One of them had been detained for 5 years.

 The rate at which people detained by DHS move through the commonwealth is astounding. Most must travel through York County Prison which houses an immigration court. Over the course of a year 10,000 people are shuttled through York and off to everywhere in the world. But, this massive forced migration is invisible, unless you're looking. Pennsylvania's detained people are transported in unmarked buses (see photo on page 1). They are held in regular county jails that often bear no insignia of a federal government presence.

 The Fifth Amendment to the U.S. Constitution reads, in part, "No person shall be . . . deprived of life, liberty or property without due process of law."  The promise of freedom made by our Constitution applies to every person in the United States, not just to citizens.

 The ACLU-PA works every day to keep this promise. Since 2008, the ACLU-PA, along with the ACLU's Immigrants' Rights Project, has won the release of eight people detained by DHS longer than one year in Pennsylvania's prisons. In one of these cases, filed as a class action with the help of Pepper Hamilton LLP, the Middle District of Pennsylvania acknowledged, "the growing consensus within this district and, indeed it appears throughout the federal courts, that prolonged detention of aliens . . . raises serious constitutional concerns." The case, Alli v Decker, is on its way to the U.S. Court of Appeals for the Third Circuit, where we hope for a decision that will set free Pennsylvania's DHS detainees who have been held for more than a year absent any judicial review of the decision to detain.

 According to the government's interpretation of the law, people jailed for years by DHS are not even entitled to a hearing before a judge who has the power to set them free. DHS's "administrative detention" powers, it argues, are absolute. We believe that the Fifth Amendment applies to all people, and as such, we trudge onward through the courts.

 

[Valerie Burch is a staff attorney for the ACLU of Pennsylvania. Prior to joining the ACLU, she served as managing attorney of the Pennsylvania Immigration Resource Center, where she litigated immigration cases. She is a 2004 graduate of Penn State's Dickinson School of Law and a 2000 graduate of the University of Rochester.

 

 

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