State must enact anti-racial profiling laws

From the Restore Fairness blog-

Guest blogger: Azadeh Shahshahani from the American Civil Liberties Union of Georgia

When I testified before the Special Joint Committee on Immigration Reform, a committee of 14 Republicans convened to draft legislative proposals for the upcoming legislative session, I reminded them about the continued obligation of Georgia under international human rights law to protect and preserve the human dignity of all people regardless of immigration status.

As documented by the ACLU of Georgia, racial profiling and other human rights violations against immigrants or those perceived to be noncitizens continue in Georgia. In Gwinnett County, many Latinos have been stopped without reasonable suspicion or probable cause by the police in their cars or on the street.

Juan Vasquez, a legal permanent resident who lives in Sugar Hill, reports having been stopped and harassed by police on multiple occasions for no apparent reason. On one occasion, rather than tell Vasquez why he was pulled over, the officers screamed at him for asking questions before releasing him without any citation. Vasquez now avoids certain areas of Sugar Hill where he has come to expect harassment by the police.

Prompt action by the state is necessary to combat racial and ethnic profiling in Gwinnett and Georgia. The Legislature should pass anti-racial profiling legislation to give law enforcement agencies, policymakers and the public the tools necessary to identify and address the problem of racial profiling in the state. Data collection about traffic stops is an important supervisory tool. You can’t manage what you don’t measure. Annual training for law enforcement regarding racial profiling will also help ensure that stops and arrests are undertaken in a fair manner.

The Georgia Legislature should also carefully consider all the proposed bills in the upcoming session to ensure that they are consistent with the Constitution and our international human rights obligations, as reaffirmed by both Republican and Democratic administrations. In February 2008, the Bush administration told the U.N. Committee on the Elimination of Racial Discrimination that “United States is in profound agreement with the committee that every state must be vigilant in protecting the rights that noncitizens in its territory enjoy, regardless of their immigration status, as a matter of applicable domestic and international law.”

Last month, the U.N. Human Rights Council (HRC) issued a set of recommendations for the U.S. to bring its policies and practices in line with international standards. The recommendations are the result of the first-ever participation by the U.S. in the Universal Periodic Review process, which involves a thorough assessment of a nation’s human rights record. State and local laws, such as Arizona’s SB 1070, that aim to regulate immigration and lead to racial profiling were examined and decried by the Human Rights Council.

One of the recommendations issued by HRC was for the United States to end racial and ethnic profiling by law enforcement, especially with respect to immigration. Harold Koh, the U.S. State Department legal adviser, stated in response to this recommendation that “we will leave no stone unturned in our effort to eliminate racial profiling in law enforcement.”

Georgia legislators should be wary of any measure similar to Arizona’s racial profiling law that would encourage law enforcement to stop people on the street based on how they look, rather than based on individualized suspicion or evidence of criminal activity.

Laws that promise to turn the state into “show me your papers” territory would violate the Constitution and human rights commitments and tarnish Georgia’s reputation as a state welcoming to new immigrants.

Photo courtesy of epier.com

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Looking forward to 11, we hope 2010 goes out with a bang (and a DREAM)!

From the Restore Fairness blog-

In this past year we witnessed many negative events: An all-time record number of deportations with over 400,000 men, women and children deported, most of whom were not guilty of crimes; reports of medical negligence, sexual assault and the denial of due process in detention centers; unfulfilled promises of immigration reform masked by the threat of raids; the introduction of harsh anti-immigrant legislation such as SB1070, mandating racial profiling and fueling anti-immigrant sentiment around the country; the expansion of partnerships between Immigrations and Customs Enforcement (ICE) and local police with the introduction of programs such as Secure Communities; the “anchor-baby” bill; the list goes on and on.

From anti-immigrant actions and racial profiling to bullying and homophobia; from fear mongering to the extreme, divisive rhetoric of the mid-term elections, it is difficult to look back at 2010 and feel hopeful. In the midst of this, however, it is important to note that these events engendered unprecedented activism, and the mobilization and coming together of diverse communities, resulting in a number of victories in the name of restoring dignity, justice and equality. The rigorous debate over Arizona’s controversial SB1070 law resulted in sports men and women, musicians, artists, politicians, faith leaders, business owners, young people, as well as the Department of Justice and President Obama, taking a stand against a law that was unjust and offensive, and finally deemed unconstitutional. The March for America in Washington D.C. on March 21st saw 200,000 people, workers, LGBT groups, faith-based groups, etc., come out in support of comprehensive immigration reform, and even without the passage of CIR, the momentum built during that time was palpable for months after. Most recently, following a rally against Secure Communities in New York City, a judge ordered ICE to be transparent and release documents related to Secure Communities and the ability for localities to opt-out of the program.

And two weeks before the end of the year, we are just hours away from a Senate vote on the DREAM Act, a legislation that would provide a path to citizenship for young people that came to the U.S. as children, have completed high-school, and want to pursue college or military service. Every year, around 65,000 young, undocumented boys and girls- including honor rolls students and star athletes- graduate high school and then find themselves high and dry, without the chance to pursue their careers. A number of them, like Eric Balderas, find themselves facing deportation with the chance of being sent back to a country they are supposed to call ‘home’ but have no memory of. For David Cho, a senior honors student at UCLA who can’t count on entertaining job offers the way that his friends are, there are not a lot of options. So instead of young, able, bright people like David and Eric following their careers, pursuing their dreams, giving back to the country by supporting the economy and making the most out of the taxpayers money that has paid for the k-12 education, they are busy mobilizing support to ensure that the Senate passes the DREAM Act tomorrow morning.

Since Sen. Reid announced that he would be holding true to his campaign promise and bringing the DREAM Act up for a vote in the Senate as a stand-alone measure, the DREAMers and all the activists who support the passage of the DREAM Act have been working extremely hard to put pressure on Senators to pass the bill. As it stands, the Senate will vote on the version of the bill that that was passed in the House last week, by around 10am tomorrow. In addition to the DREAMers themselves, who have come out of the shadows to tell their individual stories and have mobilized unprecedented support for the movement, the Latino community is seeing this as a pivotal moment. Speaking to the New York Times, Janet Murguía, president of the National Council of La Raza (NCLR) said-

This will be a watershed vote that Latinos will not forget. There is nowhere left to hide, in the minds of Latino voters. There will be members who choose to stand for innocent children and members who do not. This vote will be an indication of who stands for our families and our communities.

As we get closer to the vote, an increasing number of people are speaking up, urging Senators to vote in favor of the bill. Representatives from the Department of Defense, heads of educational institutions, religious leaders, heads of labor organizations and workers unions, officials from the Department of Homeland Security, and hundreds of others have spoken up in support of the bill and why it is crucial to the integrity and prosperity of the country. President Obama himself made calls to Democrat and Republican senators to garner support for the bill.

Currently, the legislation needs 60 Senate votes in order to be end debate, at which point the House-approved version of the bill will be finally voted on, on Sunday. If passed, it will go directly to President Obama for a signature.The momentum that has brought the movement to this point (since the DREAM Act was first introduced almost a decade ago) is solely the result of intense grassroots activism on the part of students. DREAMers and DREAMActivists have worked tirelessly, putting themselves on the line by coming out as undocumented and basically pushing this piece of legislation forward with their cross-country walks, vigils, hunger strikes and their storming of Capitol Hill online and off. But they can’t do it alone. So on the eve of this historic vote, and the eve of the New Year, call your Senators right now and tell them to vote YES on the DREAM Act.

What better way to conclude 2010 than by ensuring that the hard work and courage of the DREAMERs pays off and the DREAM Act passes in the Senate tomorrow morning, less than two weeks before the end of this year.

Pick up the phone, write a letter, and make a wish for the New Year. See you then!

Photo courtesy of Flickr Creative Commons

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Racial profiling: Degrading, unconstitutinal and ineffective

From the Restore Fairness blog-

Observations by Restore Fairness’ Zebunnisa Burki:

Have you ever been told that you don’t look like an American? Have you ever been stopped and searched by police just for driving around in a neighborhood? Or felt discriminated at airports? I have. It might be difficult for most people to know what its like to feel singled out. But this is what a lot of people of African-American, Hispanic, Arab and Asian and South Asian descent face when going about their lives in the US.

Using this as the premise, Breakthrough partnered with Rights Working Group, Network of Arab-American Professionals (NAAP) and Center for Human Rights and Global Justice (CHRGJ) on Tuesday, December 7th, at the NYU School of Law, for a screening of two documentaries: Face the Truth, produced by Breakthrough and the Rights Working Group, and Americans on Hold: Profiling, Prejudice and National Security, produced by CHRGJ. The screenings were part of the Rights Working Group’s “conversations on racial profiling” and were followed by an engaging Q&A session with filmmakers and activists, Madhuri Mohindar from Breakthrough, Nadine Wahab from the Rights Working Group, and Amna Akbar from CHRGJ, NYU.

Face the Truth, produced in September 2010, narrates the story of Karwan Abdul Kader, a Kurdish immigrant, who was stopped and stripped by law enforcement officials just because he was in the wrong neighborhood and looked “different.” Through his story and those of Juana Villegas and Lena Masri, Face the Truth serves as a reminder that even the land of opportunity doesn’t always support diversity. The film also makes an honest attempt to understand the divide between immigrants and local law enforcement by interviewing police officials and civil society activists.

Americans on Hold, the second documentary that screened that evening, follows a similar structure, narrating the personal stories of Anila Ali, a Pakistani immigrant community organizer and Zuhair Mahd, a visually challenged Jordanian immigrant. The film’s focus is immigration, citizenship and race in the US, especially when looked at in light of recent counter terrorism legislation and policies.

As is well-documented, post 9/11 America saw an increase in racial profiling against people of Middle Eastern and South Asian descent, mostly due to new counter-terrorism measures. These include the now infamous FBI name check and National Security Entry-Exit Registration System, better known as NSEERS, which allows authorities to target individuals from 25 specific countries, of which almost all are Muslim.

According to Nadine Wahab, domestic law in the US is often ambiguous on racial profiling. Policies such as NSEERS, along with the TSA’s recently tightened “counter terrorism” measures; Section 287(g) of the Immigration and Nationality Act (INA), the Secure Communities program, and the general atmosphere of racial bias by law enforcement, have led to extreme distrust among immigrant and other vulnerable/minority communities.

What is most disturbing is the encouragement and support for policies such as full body scans and pat downs by TSA, especially by mainstream media, politicians and political movements. A good example would be an editorial in the Wall Street Journal that does its best to highlight the “benefits” of TSA’s stricter security measures.

The films (and the discussion after) served as a reminder that racial profiling and bias are not the lot of any one community. This is an issue that continues to affect different communities. Black/Latino/Arab/South Asian/Asian- these targeted communities all face the same discrimination but often remain cocooned in their own niche spaces, finding it difficult to reach out to each other.

In the Q&A that followed the screening, there was a strong consensus on the need for all targeted communities to stand united and work for legislation such as End Racial Profiling Act (ERPA) and the DREAM Act. To do this, it is important to look at the “war on terror”, and the “war on drugs” through the intersectional lenses of race and class. Linda Sarsour of AACP rightly pointed out that immigrant communities that were most affected were those who were also financially less well off than others. Is the race issue then also an issue of class?

During the conversations/dialogue, there was an almost palpable sense of empowerment engendered as a result of sharing stories of racial injustice, further highlighting the need for our different communities to work together on the many unresolved issues related to immigrants’ rights and racial bias. Issues such as stop and frisk policies, class, race and national legislation dominated the discussion.

The audience, representing a number of different racial backgrounds, did not hesitate from commenting, sharing personal stories, or asking questions. The most interesting part of the evening was the personal accounts of racial profiling shared by a number of audience members. From stories of stop and frisk by police to informants tracking down and interrogating Muslim men in mosques to horrifying stories of entrapment by the FBI, the cathartic energy of the stories became apparent as time went by.

As someone who is used to the natural fear that one feels traveling in and out of the US, to me, the evening was an exercise in building confidence and hope. To see people with Hispanic, Arab Muslim, African American, and South Asian backgrounds coming together and discussing ways to collaborate on immigration and race issues with a unified voice, is an encouraging sign. It felt like the beginning of an understanding that racial prejudice and bias touches more than one community, nationality and ethnicity—the beginning of something better.

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As DREAM passes in House, momentum builds towards victories for immigrant rights

From the Restore Fairness blog-

Following a historic 216-198 vote in which the House of Representatives passed the DREAM Act last evening, today’s events in the Senate reflected a strategic decision on the part of Sen. Reid to buy time to ensure the support needed to get the DREAM Act passed in the Senate. Since the Republicans in the Senate have vowed to block all bills until the issue of tax cuts was resolved, Sen. Reid made a motion to table the cloture vote on the DREAM Act that was otherwise scheduled to take place at 11:00 AM this morning. By tabling it, the Senate Democrats will be able to bring the version of the bill that has already been passed in the House, up for a vote in the coming week, once the other issues have been resolved. Immigrant rights advocates now have additional time to build on the momentum created by the House victory yesterday, and work on getting more Senate support for the DREAM Act, so that when it does finally come up for a vote, it can have the same success that it had in the House of Representatives. According to the Vivir Latino blog-

All in all this gives DREAM a better chance in passing, especially when considering that there are Senators on the fence who do not want to be targeted and be in the spotlight twice. And obviously this gives advocates, activists, and you more time to call and ask that DREAM be supported.

According to the New York Times, once the bill wins the approval of the Senate, it will go straight to President Obama, signaling one of the most significant victories that immigrant rights will have seen in decades. The White House and the President’s support for the DREAM Act has become increasingly evident in recent weeks. While always a supporter of the bill, this is the first time he has actively worked for it to be passed. Over the last few weeks, and up until yesterday, he has been personally making calls to garner support for the DREAM Act.

The DREAM is very much alive and will have its final vote in the Senate in the next week or so. Take the time to follow the example of President Obama and pick up the phone to call your Senators! Tell them that it is important that they pass the DREAM Act and keep the dreams of millions of our country’s youth alive.

Riding the positive momentum created by the hard work of DREAM Activists, advocates protesting the Secure Communities program gathered for a peaceful rally outside Governor David Paterson’s office in New York City earlier today. Despite the bitterly cold morning, a number of activists and local groups turned up to urge Gov. Paterson to rescind the Memorandum of Agreement that New York State signed with Immigrations and Customs Enforcement (ICE) to approve the Secure Communities program in which local police will 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. Sarahi Uribe of the National Day Labor Organizing Network spoke about the need for the rally-

To keep our families together, we need to keep police and ICE separate. The Orwellian-named Secure Communities program does the opposite of making us safer. We see innocent people swept up in a massive dragnet sending a chilling effect through migrant communities.

The advocates and religious leaders who spoke at the rally voiced their concerns about the implementation of the program: they stressed the ways in which it jeopardizes the relationship between law enforcement and the community, jeopardizing the safety of the community at large; it offends the values of liberty, due process and justice by undermining the basis of our legal system that aims to provide equal protection to all; it imposes significant costs on our localities, on the detention system, and the State; and it encourages racial profiling by law enforcement.

Following the rally that took place at 11:00 am, the Center for Constitutional Rights and the Kathryn O. Greenberg Immigration Justice Clinic of Cardozo Law requested an emergency injunction in federal court in a Freedom of Information Act (FOIA) lawsuit NDLON v. ICE filed on behalf of the NDLON. The case requests information regarding the controversial Secure Communities program and the emergency injunction specifically requests documents related to the voluntary nature of the program, which has been vague so far. CCR’s staff attorney Sunita Patel said-

“As advocates across the country are pushing on the state and local levels to find a way to opt-out of Secure Communities, we are going to court to obtain information that the public and advocates need to determine how and if it’s possible to opt-out. Only the government has the information everyone needs.”

We thank everyone who came out to show their support at the rally. It is important that we build on this momentum and keep working hard to make sure that we can honor the values that are the strength of this nation. As long as we continue to deny equality, justice, dignity and liberty to some, we cannot guarantee human rights for anyone. Together, we can stop the erosion of our fundamental human rights.

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Napolitano, Obama and the Congressional Budget favor the DREAM becoming a reality

From the Restore Fairness blog-

Almost a decade after it was first introduced, the DREAM Act, a bill that, if passed, would give young undocumented adults who came to the U.S. as children and have lived here for an extended period of time and fulfilled certain criteria, a chance towards citizenship, is in the running to be passed once again.

In an effort to bring the DREAM Act up for a vote before the Senate while the Democrats still have a majority, Senate Majority leader Harry Reid and Majority Whip Richard Durbin filed a new version of the DREAM (Development, Relief, and Education for Alien Minors) Act late night on Tuesday, November 30th. This new version of the DREAM Act,  S.3992, contains revisions to some key points that immigration restrictionists have had issue with in the past, in the hope that the revised version will address these issues and win the support of moderate lawmakers from both parties. An article in the Politico outlines some of these changes-

The latest version…would bar illegal immigrants from receiving in-state college tuition; drops the age of eligibility to 29 from 34; would not grant permanent legal status to anyone for at least 10 years; would restrict eligibility for those who commit certain misdemeanor crimes; and would limit individuals from being able to sponsor family members for U.S. citizenship, among other changes.

While there has been a mixed response to this conservative version of the DREAM Act, it is clear that the major compromises it offers are designed to win the 60 votes necessary to get it passed when it comes up for a vote. According to Jenny Werwa, the outreach and communications manager with the American Immigration Lawyers Association, the passage of this particular iteration of the DREAM Act bill would be a political “win” for immigrants rights advocates-

If they’ve put together this to create a new version, they must think they are going to get votes out of it. So for me, I’m optimistic about that, in terms of politically pushing the ball forward.

Since the first signs began to emerge that Sen. Reid would make good on his election campaign promise to introduce the DREAM Act before the end of the lame-duck session of Congress, a wide variety of people have spoken out in the support of the DREAM Act.

The first major move of support came from the White House, when President Obama, who has always been a supporter of the DREAM Act but has never publicly committed his support, told Democrats that he wanted it approved before the end of the 111th session of Congress. Moreover, he put forth a commitment to work “hand in glove” to ensure that the bill is passed, including a promise to call Senators himself, urging them to vote to pass the bill. Following this important avowal of support, the Secretary of Education, Arne Duncan has also been advocating for the passage of the DREAM Act in a number of public appearances. Speaking to the New York Times last Monday, Mr. Duncan said-

I think we are fundamentally wrong on this as a nation. (Undocumented students) have played by all the rules, gone to school, worked hard, full attendance. Then they graduate and the doors of opportunity basically slam shut.

Hundreds of educational institutions and educators from around the country think that the thousands of young adults who were brought here as children, and have been through the school system and want to make something of their lives should be given a chance. They too have extended their support of the DREAM Act.

An extremely important public statement in favor of the DREAM Act came from DHS Secretary Janet Napolitano who said that the implementation of the DREAM Act would actually help the Department of Homeland Security (DHS) enforce immigration law more effectively. Speaking on Thursday at a conference call with the White House, Napolitano urged Republican lawmakers to see the DREAM Act as a complement to enforcement rather than an “amnesty” bill for undocumented immigrants. Emphasizing the DREAM Act’s relationship to smart enforcement, she said-

From where I sit I think it’s important to point out that it fits into a larger strategy of immigration enforcement and complements the Department of Homeland Security plan to prioritize enforcement resources to remove dangerous criminal aliens from the country…The DREAM Act is one thing that Congress can do right now to help the Department of Homeland Security do its job of enforcing immigration laws in the way that makes the most sense for public safety for our national security.

In addition to the thousands of advocates and young people who have taken part in rallies, sit-ins, protests and hunger strikes in all corners of the country, hoping to urge Members of Congress to vote in support of the bill, inter-faiths religious leaders have also raised their voices in support of all the young people who stand to benefit from the DREAM. On Tuesday, leaders from the Jewish, Islamic and Christian faiths banded together for a coordinated day of action, calling on Congressional leaders to pass the DREAM Act.

An important point in favor of the DREAM Act came from the Congressional Budget Office who released the long-awaited cost estimate of S. 3992, the latest version of the DREAM Act. Their findings showed that putting thousands of well educated, young, undocumented immigrants on the path to legalization would reduce the deficit by $1.4 billion over ten years.

Despite the numerous factions and argument in support of the DREAM Act, and the fact that a recent poll conducted throughout the country by First Focus found that 70% of adults were in favor of passing the bill, a number of Republican lawmakers are reluctant to get behind it. Although the DREAM Act has always enjoyed an element of bipartisan support, even those Republicans who supported the DREAM Act in previous years, have now rescinded their support. Jon Kyl (Arizona), John Cornyn (Texas), Bob Bennett (Utah), Sam Brownback (Kansas), Susan Collins (Maine), Kay Bailey Hutchison (Texas), and John McCain (Arizona) are some of the Republican Members of Congress who supported the DREAM Act in the past.

The DREAM Act might come up for a vote early next week, and with it, the lives and dreams of about 2.1 million young people in the United States could change for the better. Take action NOW by calling your Members of Congress and urging them to vote for the DREAM!

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