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    Obama Administration In Danger Of Establishing "New Normal" With Worst Bush-E...
    [29 Jul 2010 at 8:56am]

    Group Releases 18-Month Review Of President's National Security Policies And Civil Liberties

    FOR IMMEDIATE RELEASE
    CONTACT: (212) 549-2666; media@aclu.org

    NEW YORK – The Obama administration has repudiated some of the Bush administration's most egregious national security policies but is in danger of institutionalizing others permanently into law, thereby creating a troubling "new normal," according to a new report released today by the American Civil Liberties Union.

    "Establishing a New Normal: National Security, Civil Liberties, and Human Rights Under the Obama Administration," an 18-month review of the Obama administration's record on national security issues affecting civil liberties, concludes that the current administration's record on issues of national security and civil liberties is decidedly mixed: President Obama has made great strides in some areas, such as his auspicious first steps to categorically prohibit torture, outlaw the CIA's use of secret overseas detention sites and release the Bush administration's torture memos, but he has failed to eliminate some of the worst policies put in place by President Bush, such as military commissions and indefinite detention. He has also expanded the Bush administration's "targeted killing" program.

    The 22-page report, which was researched and written by staff in the ACLU's National Security Project and Washington Legislative Office, reviews the administration's record in the areas of transparency, torture and accountability, detention, targeted killing, military commissions, speech and surveillance and watchlists.

    "President Obama began his presidency with a bang, signing executive orders that placed the power of the presidency behind the restoration of the rule of law and gave meaning to the president's stated view that America must lead with its values," said Anthony D. Romero, Executive Director of the ACLU. "Unfortunately, since that time, the administration has displayed a decidedly mixed record resulting, on a range of issues, in the very real danger that the Obama administration will institutionalize some of the most troublesome policies of the previous administration – in essence, creating a troubling 'new normal.' We strongly urge the president to shift course and renew his commitment to the fundamental values that are the very foundation of our nation's strength and security."

    According to the ACLU's report, the first 18 months of Obama's presidency have been marked by a pattern wherein significant achievements for civil liberties have often been followed by setbacks. For instance, the positive step of releasing Justice Department memoranda that purported to authorize the Bush administration's torture regime was followed by the troubling decision to fight the release of photos depicting the abuse of prisoners in CIA custody. The administration's commitment to dismantle Guantánamo has been undermined by its assertion of the authority to detain people indefinitely without charge or trial. And prohibitions against torture have been weakened by the failure to hold top Bush administration officials accountable for their role in the torture program.

    "The Obama administration should work with Congress to restore the rule of law, and discourage any legislation that would institutionalize policies that were widely regarded as unlawful under President Bush. Together, Congress and the White House should make sure that abuses of power like the Patriot Act are dismantled, not extended, and that policies like indefinite detention are never signed into law," said Laura W. Murphy, Director of the ACLU Washington Legislative Office. "It is not too late for President Obama to build a legacy of justice and fairness."

    The report concludes that, in addition to the initial executive orders, the administration has taken other positive steps and made genuine progress in some areas such as improvements to the government's handling of Freedom of Information Act requests, the release of key documents related to the U.S. torture program and an executive order disavowing torture. It also addresses more troubling practices such as the use of the "state secrets" doctrine to block lawsuits brought by torture survivors, the revival of the discredited military commissions to prosecute some Guantánamo detainees, the assertion of broad surveillance powers and the authorization of a "targeted killing" program to kill terrorism suspects, including American citizens, wherever they are located, without due process.

    "In its first days, the Obama administration took some important steps to restore civil liberties and the rule of law," said Jameel Jaffer, Deputy Legal Director of the ACLU. "It has not, however, abandoned the 'global war' framework that was the basis for many of the last administration's counterterrorism programs. Indeed, some of the Obama administration's policies – like the policies on indefinite detention, military commissions and targeted killings – are entrenching this framework, presenting a profound threat to human rights and the rule of law. We urge the Obama administration to recommit itself to the ideals it articulated in its very first days. President Obama should not make 'global war' the new normal."

    "Establishing a New Normal" is available online at: www.aclu.org/national-security/establishing-new-normal


    Obama Administration Issues Rule Banning Abortion Coverage In High Risk Insur...
    [28 Jul 2010 at 11:00pm]
    FOR IMMEDIATE RELEASE CONTACT: (202) 675-2312; media@dcaclu.org   WASHINGTON –The Obama administration today issued a new interim rule excluding abortion coverage from the Pre-Existing Condition Insurance Plans, or high-risk insurance pools, created by the recently enacted Patient Protection and Affordable Care Act.    Even using their own private funds, individuals will not be able to buy policies that cover abortion in these pools. The only exemptions will be for women who have been raped, who are the victims of incest or who will likely die if they carry a pregnancy to term. Under this new rule, women with serious health conditions such as heart disease may be forced to carry pregnancies to term despite serious harm to their health.   High-risk pools will exist until 2014 when the state exchanges become operational, as provided for in the Affordable Care Act. The pools will allow people with pre-existing conditions who have been denied coverage on the individual market to purchase health insurance. Women participating in high-risk insurance pools are especially vulnerable and may have a special need for abortion coverage.   The following can be attributed to Laura W. Murphy, Director of the American Civil Liberties Union Washington Legislative Office:   “The Obama administration has put up an unnecessary barrier to comprehensive health care to the women who need it most by singling out abortion in these high-risk pools. Coming from a pro-choice administration, this is an unfortunate decision. The government should not make personal medical decisions for women; every woman should have the ability to decide what is right for her health and her family.”
    Una juez prohíbe que entren en vigor artículos clave de la ley de caracteriza...
    [28 Jul 2010 at 3:00pm]

    Para su difusión inmediata
    CONTACTO: (212) 549-2666; media@aclu.org

    PHOENIX – Al prohibir ayer disposiciones clave de la ley de caracterización racial de Arizona, que entró en vigor el 29 de Julio, mientras se emite un fallo determinante respecto a su constitucionalidad, una juez del tribunal federal en Phoenix garantizó que los cuerpos policiacos de Arizona no se vean obligados a exigir "documentos" de las personas a quienes intercepten y quienes sospechen se encuentran en el país de manera ilegal. El fallo se produjo en una demanda entablada por el Departamento de Justicia de los Estados Unidos impugnando la ley de Arizona. Dicho fallo reivindica reclamos semejantes hechos por la Unión Americana de Libertades Civiles y una coalición de grupos de derechos civiles, mediante una demanda distinta que impugna esta ley discriminatoria.

    Los artículos de la ley que se suspenden incluyen las siguientes disposiciones:

    El requisito que los oficiales de la policía investiguen la condición migratoria de todos los individuos a quienes detengan si los oficiales sospechan que se encuentran en el país de manera ilegal; La reclusión obligatoria de individuos que sean arrestados, incluso por infracciones menores que normalmente resultarían en una multa, si no pueden verificar que tienen permiso para estar en los Estados Unidos; La nueva disposición que impone sanciones estatales de tipo penal contra individuos que no sean ciudadanos y no se registren ante el Departamento de Protección a la Patria, o Homeland Security, o que no lleven consigo los documentos de su registro; La disposición para el arresto sin necesidad de que medie una orden, de individuos quienes los oficiales de la ley, ya sea estatales o locales, sospechen que se les puede deportar; y La nueva disposición estatal que califica como delito el hecho que los inmigrantes indocumentados trabajen.

    La juez suspendió la disposición que habría creado una prohibición estatal contra la posibilidad de que las personas indocumentadas soliciten o desempeñen cualquier trabajo. Sin embargo, la juez no suspendió la disposición que prohíbe que se contrate a jornaleros si el hecho de contratarlos obstaculiza el tránsito de vehículos. La coalición de derechos civiles sostiene que dichos artículos de la ley violan las garantías al derecho de expresión y confían que en última instancia dichos artículos también se prohibirán por ser anticonstitucionales, de acuerdo a la Primera Enmienda de la Constitución.

    La coalición de derechos civiles que también impugnó la ley incluye a la ACLU, MALDEF, el Centro Nacional de Derecho Migratorio (National Immigration Law Center, o NILC, por sus siglas en inglés), el Asian Pacific American Legal Center (APALC, por sus siglas en inglés) -un integrante del Asian American Center for Advancing Justice- la ACLU de Arizona, la National Day Laborer Organizing Network (NDLON, por sus siglas en inglés) y la Nacional Association for the Advancement of Colored People (NAACP, por sus siglas en inglés). El despacho jurídico Munger, Tolles y Olson LLP también actúa como abogado adjunto en este caso.

    La demanda de la coalición, archivada el 17 de mayo y para la cual se presentaron alegatos el mismo día en que la causa del gobiDepartamento de Justicia, impugna la SB 1070 por motivos jurídicos que también se plantean en la demanda del Departamento de Justicia, así como por otros motivos jurídicos, incluyendo que la ley fomenta la caracterización racial contra las personas de color, viola la Primera Enmienda e interfiere con las leyes federales. Según la coalición, la ley haría que una enorme cantidad de personas, tanto ciudadanos como no ciudadanos, a la caracterización racial, a las investigaciones indebidas y al encarcelamiento. Las siguientes citas se pueden atribuir a miembros de la coalición, quienes se nombran a continuación.

    Anthony D. Romero, Director Ejecutivo de la ACLU:

    "Este es un paso importante que ayudará a proteger a los residentes de Arizona contra la caracterización racial y la discriminación racial, y el gobierno de Obama merece elogios por su decisión escrupulosa de impugnar esta ley a pesar de las presiones para que se quedara callado. No se puede permitir que la frustración de un solo estado ante las políticas del gobierno federal vaya a chantajear a la autoridad federal ni dictar las prioridades del gobierno federal al grado de impedir que se haga cumplir debidamente la ley, se amenacen los derechos tanto de las personas que son ciudadanas como de aquellas que no lo son, y se violenten los principios fundamentales de los estadounidenses."

    Nina Perales, Abogada de MALDEF para la Región Sudoeste:

    "El fallo del día de hoy subvierte el esquema migratorio anticonstitucional que Arizona quería imponer. El fallo de la juez demuestra además que la Ley SB 1070 es un intento anticonstitucional por parte del estado de adueñarse del sistema federal al interior de las fronteras de Arizona. Los estados de todo el país deben darse cuenta que cualquier intento parecido no tendrá éxito."

    Linton Joaquín, Abogado General de NILC:

    "Con el fallo de hoy, la Juez Bolton otorgó un amparo contra las disposiciones más atroces de la Ley SB 1070, una promulgación peligrosa que amenaza los derechos fundamentales de un sin número de residentes de Arizona y visitantes al mismo. Otros estados que sigan las pautas erróneas de Arizona deben considerarse bajo advertencia: no se puede permitir ningún intento de atropellar los derechos constitucionales de las comunidades de color en este país. Estamos ansiosos de demostrar, mediante nuestra demanda, que esta ley tan dañina deben eliminarse de manera permanente del régimen jurídico de Arizona."

    Alessandra Soler Meetze, Directora Ejecutiva de la ACLU de Arizona: 

    "Este es un primer paso hacia la victoria para las libertades civiles en Arizona. Estamos ansiosos de demostrarle a la juez que esta ley reaccionaria de caracterización racial quebranta la Constitución, para que podamos comenzar el verdadero trabajo de elaborar soluciones prácticas que respondan a las inquietudes que tiene el país respecto a la inmigración, en lugar de violentar los valores fundamentales de los estadounidenses."

    Julie Su, Directora de Litigios de APALC:

    "Elogiamos a la juez por haber visto lo peligroso que habría sido que se promulgara esta ley. La SB 1070 presenta un esquema inmigratorio distinto y separado que contradice las leyes y políticas federales, y tendría un efecto devastador en los asiático-americanos, las personas provenientes de las islas de Pacífico, los latinos y otras personas de color en Arizona. De hecho, ya se han comenzado a sentir esos efectos negativos. Este fallo deja claro que intimidar a las comunidades de inmigrantes, el pedir que las personas se detengan con el pretexto de pedirles "documentos" y los pronunciamientos acerca de quiénes son los que tienen derecho a estar en Arizona y quiénes no, so pretexto de hacer cumplir la SB 1070, deben cesar de inmediato."

    Pablo Alvarado, Director of NDLON:

    "Si la historia nos sirve de referencia, el camino que nos queda por delante en Arizona, es muy largo. El día de hoy fue una parada en el camino, y aunque confiamos plenamente en el proceso judicial para que en última instancia se defienda la Constitución de los Estados Unidos, no debemos cantar victoria hasta que se le ponga el alto a la SB 1070 por completo, y hasta que los derechos civiles de todos los habitantes de Arizona queden completamente protegidos."

    La organizaciones y abogados del caso, Friendly House et al. v. Whiting et al., incluyen:

    Proyecto de los Derechos de los Inmigrantes de la ACLU: Lucas Guttentag, Omar Jadwat, Cecillia Wang, Tanaz Moghadam y Harini P. Raghupathi; MALDEF: Perales, Thomas A. Saenz, Cynthia Valenzuela Dixon, Victor Viramontes, Gladys Limón, Nicholás Espiritu e Ivan Espinoza-Madrigal; NILC: Joaquin, Karen Tumlin, Nora A. Preciado, Melissa S. Keaney, Vivek Mittal y Ghazal Tajmiri; Fundación ACLU de Arizona: Dan Pochoda y Annie Lai; APALC: Su, Ronald Lee, Yungsuhn Park, Connie Choi y Carmina Ocampo; NDLON: Chris Newman; NAACP: Laura Blackburne; Munger Tolles & Olson LLP: Bradley S. Phillips, Paul J. Watford, Joseph J. Ybarra, Susan T. Boyd, Yuval Miller, Elisabeth J. Neubauer y Benjamin Maro; Roush, McCracken, Guerrero, Miller & Ortega: Daniel R. Ortega, Jr.

    La petición para un interdicto preliminar se pueden consultar en: www.aclu.org/immigrants-rights-racial-justice/friendly-house-et-al-v-whiting-et-al-plaintiffs-motion-preliminary-

    Puede ver un video nuevo de la ACLU acerca de cómo la SB 1070 fomenta la caracterización racial en: www.aclu.org/immigrants-rights-racial-justice/would-you-ask-man-his-papers

    Para mayores datos acerca de la ley de Arizona, vaya a: www.aclu.org/what-happens-arizona-stops-arizona


    Court Blocks Implementation Of Key Sections Of Arizona's Racial Profiling Law
    [28 Jul 2010 at 2:53pm]

    UPDATED

    FOR IMMEDIATE RELEASE
    CONTACT: (212) 549-2666; media@aclu.org

    PHOENIX – Ensuring that Arizona law enforcement will not be required to demand "papers" from people they stop who they suspect are "unlawfully present" in the U.S., a federal court in Phoenix today blocked key provisions of Arizona's racial profiling law, scheduled to go into effect on July 29, pending a final court ruling on its constitutionality. The ruling came in a lawsuit filed by the Department of Justice challenging the Arizona law. The ruling vindicates similar claims made by the American Civil Liberties Union and a coalition of civil rights groups in a separate lawsuit challenging the discriminatory measure.

    The blocked sections under the law include the following provisions:

    •    The requirement that police officers investigate the immigration status of all individuals they stop if the officers suspect that they are in the country unlawfully;
    •    The mandatory detention of individuals who are arrested, even for minor offenses that would normally result in a ticket, if they cannot verify that they are authorized to be in the U.S.;
    •    The new statute imposing state criminal penalties for non-citizens failing to register with the Department of Homeland Security or failing to carry registration documents;
    •    The provision for warrantless arrest of individuals who are deemed by state or local police officers to be "removable" from the U.S.; and
    •    The new state statute making it a crime for alleged undocumented immigrants to work.

    The court blocked the provision that would create an Arizona ban on undocumented persons applying for, soliciting or performing work. However, the court did not block the provisions that prohibit day laborers from being hired if the party hiring them impedes traffic. The civil rights coalition maintains these sections violate free speech protections and are confident that they too will ultimately be barred as unconstitutional under the First Amendment.*
     
    The civil rights coalition that also challenged the law includes the ACLU, MALDEF, National Immigration Law Center (NILC), Asian Pacific American Legal Center (APALC) – a member of the Asian American Center for Advancing Justice, ACLU of Arizona, National Day Laborer Organizing Network (NDLON) and the National Association for the Advancement of Colored People (NAACP). The law firm of Munger, Tolles & Olson LLP is acting as co-counsel in the case.

    The coalition's lawsuit, filed on May 17 and argued the same day as the Justice Department's case, challenges SB 1070 on legal grounds raised in the Justice Department's lawsuit as well as others including that the law invites the racial profiling of people of color, violates the First Amendment and interferes with federal law. According to the coalition, the law would subject massive numbers of people – both citizens and non-citizens – to racial profiling, improper investigations and detention.

    The following quotes can be attributed to members of the coalition, as listed below.

    Anthony D. Romero, Executive Director of the ACLU:

    "This is a major step that will help protect the residents of Arizona against racial profiling and discrimination, and the Obama administration deserves praise for its principled decision to challenge this law despite pressure to stay silent. A single state's frustration with federal policy cannot be allowed to hijack federal authority or dictate federal priorities in ways that impede effective law enforcement, threaten the rights of citizens and non-citizens alike and violate core American values."

    Nina Perales, Regional Counsel Southwest Region for MALDEF:

    "Today's ruling guts the unconstitutional immigration scheme that Arizona wanted to establish. The judge's decision further shows that SB 1070 is an unconstitutional attempt by the state to take over the federal immigration system within Arizona's borders. States around the nation should take heed that any similar efforts will not succeed."

    Linton Joaquin, General Counsel of NILC:

    "With today's ruling, Judge Bolton enjoined the most egregious provisions of SB 1070, a dangerous enactment that threatens the fundamental rights of countless Arizonans and visitors. Other states following in Arizona's misguided footsteps should consider themselves forewarned: attempts to trample on the constitutional rights of communities of color in this country must not be permitted. We look forward to showing, through our lawsuit, that this pernicious law should be taken off Arizona's books permanently."

    Alessandra Soler Meetze, Executive Director of the ACLU of Arizona:

    "This is a first step toward a victory for civil liberties in Arizona. We eagerly anticipate proving to the court that this reactionary racial profiling law violates the Constitution so we can begin the real work of crafting practical solutions that address our nation's immigration concerns rather than violate fundamental American values."

    Julie Su, Litigation Director of APALC:

    "We applaud the judge for seeing the imminent danger of having this law enacted. SB 1070 presents a distinct and separate immigration scheme that conflicts with federal law and policy, and would have a devastating impact on Asian Americans, Pacific Islanders, Latinos and other people of color in Arizona. Indeed, some of those negative effects have already been felt. This ruling makes clear that intimidation of immigrant communities, pretextual stops to ask for 'papers,' and rhetoric about who belongs in Arizona and who doesn't under the guise of enforcing SB 1070 should cease immediately."

    Pablo Alvarado, Director of NDLON: 

    "If history is any guide, the road ahead in Arizona will be a long one. Today was one stop along the way, and we while we have complete faith in the legal process to ultimately defend the United States Constitution, we will not declare victory until SB 1070 is stopped in its entirety and until civil rights of all people in Arizona are fully protected."

    Organizations and attorneys on the case, Friendly House et al. v. Whiting et al., include:

    •    ACLU Immigrants' Rights Project: Lucas Guttentag, Omar Jadwat, Cecillia Wang, Tanaz Moghadam and Harini P. Raghupathi;
    •    MALDEF: Perales, Thomas A. Saenz, Cynthia Valenzuela Dixon, Victor Viramontes, Gladys Limón, Nicholás Espiritu and Ivan Espinoza-Madrigal;
    •    NILC: Joaquin, Karen Tumlin, Nora A. Preciado, Melissa S. Keaney, Vivek Mittal and Ghazal Tajmiri;
    •    ACLU Foundation of Arizona: Dan Pochoda and Annie Lai;
    •    APALC: Su, Ronald Lee, Yungsuhn Park, Connie Choi and Carmina Ocampo;
    •    NDLON: Chris Newman;
    •    NAACP: Laura Blackburne;
    •    Munger Tolles & Olson LLP: Bradley S. Phillips, Paul J. Watford, Joseph J. Ybarra, Susan T. Boyd, Yuval Miller, Elisabeth J. Neubauer and Benjamin Maro;
    •    Roush, McCracken, Guerrero, Miller & Ortega: Daniel R. Ortega, Jr.

    The motion for a preliminary injunction can be found at: www.aclu.org/immigrants-rights-racial-justice/friendly-house-et-al-v-whiting-et-al-plaintiffs-motion-preliminary-

    A new ACLU video about how the SB 1070 invites racial profiling can be found at: www.aclu.org/immigrants-rights-racial-justice/would-you-ask-man-his-papers
     
    More information about the Arizona law can be found at: www.aclu.org/what-happens-arizona-stops-arizona


    * This paragraph was rewritten to better explain the decision.


    President Obama Poised To Sign Bill Reducing Cocaine Sentencing Disparity Aft...
    [27 Jul 2010 at 11:00pm]
    Fair Sentencing Act An Important First Step But Sizeable Sentencing Gap Remains   FOR IMMEDIATE RELEASE
    CONTACT: (202) 675-2312; media@dcaclu.org   WASHINGTON - The House today passed a bill that would make much needed changes to current cocaine sentencing laws and which will now go to President Obama’s desk for signature. The bill, the Fair Sentencing Act (S. 1789), was unanimously passed by the Senate in March.   As originally introduced in the Senate, the bill would have completely eliminated the discriminatory 100:1 disparity between crack and powder cocaine sentencing under federal law. However, during the bill's markup in the Senate, a compromise was reached with Republican Senate Judiciary Committee members to reduce the disparity to an 18:1 ratio. The bill also eliminates the mandatory minimum sentence for simple possession of crack cocaine and comes at a time when the United States Sentencing Commission is reconsidering the legitimacy and effectiveness of mandatory minimum sentencing. The commission is expected to release a new report on the subject in October.   "We commend Speaker Pelosi and Congressmen Hoyer, Clyburn, Conyers and Scott who, with the help of the Obama administration, helped this bill pass its final hurdle,” said Laura W. Murphy, Director of the American Civil Liberties Union Washington Legislative Office. “Congress has just struck down a mandatory minimum for the first time in history and has sent the correct message that we cannot continue to use a one-size-fits-all approach to sentencing. The passage of the Fair Sentencing Act by both chambers of Congress is an important first step toward finally eliminating the sentencing disparity. However, the bill does leave in place a sizable sentencing disparity that we will continue to work to eliminate.”   More than two decades ago, based on assumptions about crack which are now known to be false, heightened penalties for crack cocaine offenses were adopted. Sentences for crack are currently equivalent to the sentences for 100 times the amount of powder cocaine, and the impact falls disproportionately on African-Americans. In recent years, a consensus has formed across the political and ideological spectrum on the crack and powder cocaine sentencing disparity issue with both Presidents George W. Bush and Barack Obama urging reform.   The Fair Sentencing Act, however, will fail to remedy injustices of those who are already serving their sentences. For example, the bill fails to address cases like that of Hamedah Hasan, a mother and grandmother who is serving her 17th year of a 27-year federal prison sentence for a first-time, nonviolent crack cocaine conviction. Had she been convicted of a powder cocaine offense, she would be home by now. However, under the new 18:1 ratio, her prison sentence will remain unchanged.  Hasan has filed a petition with the Department of Justice's Office of the Pardon Attorney asking that President Obama commute her remaining sentence. The ACLU is representing Hasan.   “It’s almost as hard to understand the logical basis for an 18:1 ratio as for a 100:1 ratio. Where did they come up with that number? For me, it’s simple. My mom would be home with me and my sisters by now if she had been convicted of a powder cocaine offense instead of a crack cocaine offense,” said Kasaundra Lomax, Hasan’s daughter, the oldest of three. “This new legislation won’t bring her home any sooner, and while I am happy it will help a lot of other people, my family and I are sad that it won’t help us.”   “Though this legislation is long overdue, it still leaves Americans with a sizable sentencing gap for the same drug. We must ensure that our laws are based on facts and not prejudice," said Jennifer Bellamy, ACLU Legislative Counsel. "Many whose lives have been affected by this sentencing disparity will not feel justice, including Hamedah Hasan and her family. The passage of this bill shows Congress understands that reform is needed, but anything less than a fair 1:1 sentencing ratio falls short of a system of justice which requires that all individuals are treated equally. We hope that Congress, the courts and the president will do more to eliminate a sentencing disparity that is patently unjust and wholly unsupported by the facts.”   To learn more about the effort to commute Hamedah Hasan’s sentence, go to: www.dearmrpresidentyesyoucan.org    
    House Passes Legislation Creating Criminal Justice Commission
    [27 Jul 2010 at 10:30pm]

    Companion Bill Awaits Vote In The Senate

    FOR IMMEDIATE RELEASE
    CONTACT: 202-675-2312; media@dcaclu.org

    WASHINGTON – A bill creating a bipartisan commission tasked with examining the nation's criminal justice system was passed today in the House. The bill, the National Criminal Justice Commission Act, would task the commission it creates with devising reform recommendations in a number of important areas designed to prevent, deter and reduce crime and violence.

    Identical legislation was introduced in the Senate last year and passed the Senate Judiciary Committee in this January.

    America’s current criminal justice system continues to include pervasive racial and socioeconomic disparities and an over-reliance on incarceration to address nonviolent offenses. According to a 2008 report by the nonpartisan Pew Center on the States, for the first time in U.S. history, more than one in every 100 adults in America is either in prison or jail.

    The following can be attributed to Laura W. Murphy, Director of the ACLU Washington Legislative Office:

    “The National Criminal Justice Commission Act will be a solid first step toward overhauling our badly broken justice system and its unacceptable inequality issues. Over time, our lawmakers have created a severely unbalanced system that is disproportionately affecting our nation’s minorities with misguided policies including the many harsh, one-size-fits-all mandatory minimum sentences. Too many of our citizens are behind bars needlessly and too often their rights are ignored. The National Criminal Justice Commission Act may be the first step in correcting these problems, and we urge the Senate to swiftly pass its companion bill.”

    The ACLU’s letter of support for the National Criminal Justice Commission Act can be found here: www.aclu.org/drug-law-reform/aclu-letter-support-h-r-5143-national-criminal-justice-commission-act-2010


    City Council In Fremont, Nebraska Suspends Discriminatory Law Pending Resolut...
    [27 Jul 2010 at 9:02pm]

    Like Arizona Law, Ordinance Invites Racial Profiling

    FOR IMMEDIATE RELEASE
    CONTACT: (212) 549-2666; media@aclu.org

    FREMONT, NE – The Fremont, Nebraska City Council voted late this evening to suspend a city law that seeks to banish persons alleged to be undocumented immigrants from rental homes in the 25,000-person town while the ordinance is being litigated. The ordinance, scheduled to go into effect on July 29, also mandates that businesses performing work in Fremont enroll in an error-ridden federal program for verifying work status. The American Civil Liberties Union and ACLU Nebraska filed a federal lawsuit on behalf of landlords, tenants and employers in Fremont, Nebraska challenging the law.

    Like the recently passed law in Arizona, the Fremont law invites racial profiling against Latinos and others who appear "foreign."

    "We're relieved that the Fremont City Council will suspend this discriminatory ordinance while it's being litigated," said Amy Miller, Legal Director of ACLU Nebraska. "It was a responsible decision that will spare residents of Fremont from worrying about losing housing and jobs because of their appearance and accent pending a final resolution by the court."

    The ACLU's lawsuit, filed on July 21 in the U.S. District Court for the District of Nebraska, charges that Fremont's law is at odds with the clear constitutional mandate imposing a uniform federal immigration enforcement system and has a discriminatory effect on those who look or sound "foreign."

    The Fremont ordinance, which passed on June 21, requires prospective renters to provide the Fremont Police Department with information about their citizenship or immigration status prior to renting any home. Employers are required to check the status of would-be hires using E-Verify, a flawed federal electronic verification program that Congress has repeatedly declined to make mandatory.

    U.S. citizens who have family members who cannot prove their immigration status are worried about the impact the law will have on their ability to live together as a family, and employers are concerned that the error-ridden employment verification program will force them to turn away lawfully authorized workers. Residents of the town have already felt the discriminatory impact of the law.

    "The city of Fremont did the right thing by stopping this unconstitutional ordinance from going into effect right now," said Jennifer Chang Newell, staff attorney with the ACLU Immigrants' Rights Project. "Allowing the law to go into effect before the court rules on whether it's constitutional would needlessly create even more divisiveness in the town and increased hostility toward Latinos and other people perceived as being foreign. In the meantime, we will continue to fight to stop this ordinance from ever going into effect."

    The controversy over the Fremont law has been closely watched across the country, and the ACLU's challenge is the latest in a national fight against discriminatory laws like the one recently passed in Arizona requiring police to demand "papers" from people they stop who they suspect are not authorized to be in the U.S.

    The ACLU has successfully challenged local anti-immigrant laws across the country, including in Escondido, California, Hazleton, Pennsylvania and Farmers Branch, Texas.

    Attorneys on the case, Martinez v. Fremont, include Newell, Tanaz Moghadam and Lucas Guttentag of the ACLU Immigrants' Rights Project, Miller of ACLU Nebraska, and Nebraska trial counsel Alan Peterson of Lincoln and Michael Nelsen of Omaha.

    Legal documents in the case can be found at: www.aclu.org/immigrants-rights/martinez-v-fremont

    More information about the Arizona law can be found at: www.aclu.org/what-happens-arizona-stops-arizona


    State Department Ends Ban On Colombian Journalist
    [27 Jul 2010 at 11:13am]

    U.S. Should End Practice Of Banning People On Ideological Grounds, Says ACLU

    FOR IMMEDIATE RELEASE
    CONTACT: (212) 549-2666; media@aclu.org

    NEW YORK – A prominent Colombian journalist who was once barred from the United States today received a visa to come to this country to study. The American Civil Liberties Union, American Association of University Professors (AAUP) and PEN American Center sent a letter to Secretary of State Hillary Clinton earlier this month expressing alarm over reports that Hollman Morris had been denied a visa to travel to the U.S. Morris was one of 12 international journalists selected to participate in the Nieman fellowship at Harvard University during the 2010-11 academic year. However, when he applied for a visa in order to attend the program, he was told by the U.S. embassy in Bogota that he had been found permanently ineligible for a visa under the Immigration and Nationality Act. The reversal of that decision means Morris will likely be able to come to the U.S. to participate in the program.

    The following can be attributed to Jameel Jaffer, Deputy Legal Director of the ACLU:

    "We welcome the State Department's decision to end the exclusion of Hollman Morris from the United States. With the ban lifted, leading human rights groups and journalists will be able to engage with Mr. Morris on important human rights issues facing the world. We hope the decision to lift the ban on Mr. Morris is a signal that the Obama administration is committed to facilitating, rather than obstructing, the exchange of ideas across international borders. The administration should now make clear that it will end the practice of ideological exclusion once and for all."

    The ACLU/AAUP/PEN letter to Secretary Clinton is available online at: www.aclu.org/national-security/letter-secretary-state-clinton-regarding-ideological-exclusion-colombian-journalis


    ACLU Seeks Records About FBI Collection Of Racial And Ethnic Data In 29 State...
    [27 Jul 2010 at 9:43am]

    FBI's Claimed Authority To Track And Map "Behaviors" And "Lifestyle Characteristics" Of American Communities Invites Racial Profiling

    FOR IMMEDIATE RELEASE
    CONTACT: (212) 549-2666; media@aclu.org

    NEW YORK – The American Civil Liberties Union today is asking the FBI field offices in 29 states and Washington, D.C. to turn over records related to the agency's collection and use of race and ethnicity data in local communities. According to an FBI operations guide, FBI agents have the authority to collect information about and create maps of so-called "ethnic-oriented" businesses, behaviors, lifestyle characteristics and cultural traditions in communities with concentrated ethnic populations. While some racial and ethnic data collection by some agencies might be helpful in lessening discrimination, the FBI's attempt to collect and map demographic data using race-based criteria for targeting purposes invites unconstitutional racial profiling by law enforcement, says the ACLU.

    "The FBI's mapping of local communities and businesses based on race and ethnicity, as well as its ability to target communities for investigation based on supposed racial and ethnic behaviors, raises serious civil liberties concerns," said Michael German, ACLU policy counsel and former FBI agent. "Creating a profile of a neighborhood for criminal law enforcement or domestic intelligence purposes based on the ethnic makeup of the people who live there or the types of businesses they run is unfair, un-American and will certainly not help stop crime."

    The FBI's power to collect, use and map racial and ethnic data in order to assist the FBI's "domain awareness" and "intelligence analysis" activities is described in the 2008 FBI Domestic Intelligence and Operations Guide (DIOG). The FBI released the DIOG in heavily redacted form in September 2009, but a less-censored version was not made public until January of this year, in response to a lawsuit filed by the group Muslim Advocates. Although the DIOG has been in effect for more than a year and a half, very little information is available to the public about how the FBI has implemented this authority.

    ACLU affiliate offices across the nation today are filing coordinated Freedom of Information Act requests to uncover records about the FBI's collection and use of racial and ethnicity data from their local FBI field offices. The requests were filed by the ACLU affiliates in Alabama, Arkansas, California (Northern, Southern and San Diego), Colorado, Connecticut, Washington, D.C., Delaware, Florida, Georgia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont and Virginia.
     
    "The public deserves to know about a race-based domestic intelligence program with such troubling implications for civil rights and civil liberties," said Melissa Goodman, staff attorney with the ACLU National Security Project. "We hope that the coordinated efforts of ACLU affiliates across the nation will finally bring this important information to light so that the American people can know the extent of the FBI's racial data gathering and mapping practices and whether the agency is abusing its authority."

    The DIOG provisions in question are available online at: www.muslimadvocates.org/DIOGs_Chapter4.pdf

    The entire DIOG is at: www.muslimadvocates.org/latest/profiling_update/community_alert_seek_legal_adv.html


    Senate Rejects DISCLOSE Act
    [26 Jul 2010 at 11:00pm]
    Bill Raises Serious First Amendment Concerns
    FOR IMMEDIATE RELEASE
    CONTACT: (202) 675-2312 or media@dcaclu.org
    WASHINGTON – A campaign finance bill that includes disclosure requirements that raise significant civil liberties concerns failed by a procedural vote today in the Senate. By failing to invoke cloture on the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act, the Senate effectively barred the bill from being voted on and blocked its passage. The House passed its version of the DISCLOSE Act in June.   While the American Civil Liberties Union supports the disclosure of large contributions to candidates as long as the disclosure does not have a chilling effect on political participation, it urged senators to vote against the DISCLOSE Act because it would fail to improve the integrity of political campaigns in any substantial way while significantly harming the speech and associational rights of Americans.
    The following can be attributed to Laura W. Murphy, Director of the ACLU Washington Legislative Office:
    “The DISCLOSE Act would not improve the integrity of political campaigns in any substantial way but would significantly harm the speech and associational rights of Americans. We can only truly bring positive change to our elections if we continue to respect our cherished free speech rights and, unfortunately, the DISCLOSE Act does not do that. We commend the Senate for rejecting this well-intentioned but overly broad legislation.”

    The following can be attributed to Michael Macleod-Ball, ACLU Chief Legislative and Policy Counsel:

    "The DISCLOSE Act would inflict unnecessary damage to both privacy and First Amendment rights. Small donors to small organizations risk losing anonymity while the bill allows larger, mainstream organizations to be exempt from donor disclosure. Imposing these kinds of imbalanced disclosure obligations on certain kinds of organizations would only serve to further distort the fairness of our current campaign finance laws. The Constitution guarantees all Americans the right to participate in political debate without risk or harassment or fear of embarrassment. The Senate has done the right thing by blocking the DISCLOSE Act.”
    A copy of the ACLU’s letter to the Senate on the DISCLOSE Act is available at: www.aclu.org/free-speech/aclu-letter-senate-urging-no-vote-disclose-act  


Greenpeace News
    Biggest protest march in living memory
    [30 Apr 2010 at 7:00pm]
    We expected 20,000. We HOPED for 30,000. We got nearly double that. In the biggest protest march in living memory, 50,000 turned out on Queen Street today to march against the Government?s mining plans.
    Cool IT Leaderboard shows growing divide between talk and action on developin...
    [29 Apr 2010 at 1:58pm]
    The newest version of our Information Technology (IT) industry climate ranking reveals how a few global tech companies are taking the lead. They're demonstrating the potential of IT solutions to help reduce energy wastage and greenhouse gas emissions, while others seem unable to decide if IT climate solutions are a significant business opportunity or a mere marketing strategy.
    Save whales, not whaling
    [22 Apr 2010 at 7:00pm]
    A proposal to keep the dying whaling industries on life support has just been unveiled by the International Whaling Commission (IWC) -- instead of a concrete plan to safeguard whales.
    GE: a 'recipe' for disaster
    [19 Apr 2010 at 7:00pm]
    A GE-free future is getting closer: half a million signatures have been collected asking the EU commission to stop GE crops from being grown in Europe. With 1 million signatures this petition will become an official request!
    Activists 'drop' in to Nestlé shareholder meeting
    [15 Apr 2010 at 12:40pm]
    Thirty activist 'orang-utans' greeted shareholders as they arrived for Nestle's Annual General Meeting today asking them to give Indonesia's rainforests a break and stop profiting from destroying rainforest, threatening biodiversity and accelerating climate change.
    PROTECTED: Biggest chunk of ocean yet!
    [13 Apr 2010 at 7:00pm]
    The UK has created the world?s largest marine reserve, covering some quarter of a million square miles of ocean around the Chagos Archipelago -- one of the most pristine and biologically diverse coral ecosystems on the planet. But as much as we'd like to break open the champagne and tell our oceans campaigners to go home - we're a long way of reaching our goal for defending our oceans.
    Greenpeace activists resist shipment of nuclear waste from France to Russia
    [8 Apr 2010 at 7:00pm]
    Greenpeace activists have been on the scene from railway to cargo ships this week attempting to stop the shipment of nuclear waste from France to Russia. Despite attempts from the nuclear industry to silence us, our activists continue to fight the transport of nuclear waste.
    Whale meat blockade
    [1 Apr 2010 at 7:00pm]
    At around 4:30 this morning, our activists took action against commercial whaling and trade in whale meat by blocking a container ship with fin whale meat onboard bound for Japan from Iceland.
    The iPad, internet, climate change link in the spotlight
    [30 Mar 2010 at 5:23am]
    On the eve of the launch of the iPad, our latest report warns that the growth of internet computing could come with a huge jump in greenhouse gas emissions. We follow the data streams back to the data centres providing a cautionary tale about how the boom could see internet servers become a major cause of climate change. But it doesn't have to be that way, the great innovators of the digital age can and should be leaders in promoting an energy revolution.
    Koching up the climate: how billion dollar businessmen pay to undermine clima...
    [29 Mar 2010 at 7:00pm]
    Billionaire oilman David Koch likes to joke that Koch Industries, is ?the biggest company you?ve never heard of.? But the nearly $50 million that he and his brother Charles have quietly funneled to climate-denial front groups that are working to delay global warming action is no joking matter.
    Dell targeted for breaking promise on toxic chemicals
    [28 Mar 2010 at 7:00pm]
    Greenpeace activists unfurled banners of every size today outside the offices of Dell in Bangalore, Amsterdam, and Copenhagen, just as Dell executives meet to discuss a roadmap to finally remove the worst toxic chemicals from their electronics. The Message around the world to Dell's founder and CEO: "Michael Dell: Clean Up Toxics!"
    World water day 2010
    [23 Mar 2010 at 1:25pm]
    Chemical contamination is threatening our lakes and rivers, with severe impacts on human life and biodiversity. Activists around the world marked World Water Day 2010 by highlighting the growing presence of industrial hazardous chemicals in the world?s water supplies.
    Nestlé needs to give rainforests a real break
    [22 Mar 2010 at 7:00pm]
    Need a break? Before you have one with a Kit Kat watch ? ?Have a break?? We need your help to get the rainforests a break and to help you spread the word we?ve launched this video spoof. It exposes the true cost behind having a break the Kit Kat way: you could be taking a bite out of Indonesia?s precious rainforests, thanks to Nestlé, maker of Kit Kat, using palm oil that comes from forest destruction.
    Activists take action against Prunerov II coal plant
    [21 Mar 2010 at 7:00pm]
    It?s official: the Czech government doesn?t care about the problems it?s causing in small island states like the Pacific, as long as its dirty power supply is safe. Today, the government decided to extend the life of the country?s single biggest source of carbon emissions, despite objections from one of the countries directly threatened by this decision.
    Disaster for bluefin tuna at CITES meeting
    [19 Mar 2010 at 10:51am]
    Governments have completely and utterly failed bluefin tuna at CITES today - the vote for a listing in Appendix I was rejected after lobbying from some of the species' largest consumers.
    Whaling on trial (part 2)
    [9 Mar 2010 at 6:00pm]
    This week our activists, Junichi and Toru, spent two very long and intense days in court, defending the honourable actions they took to expose the corruption within Japan's whaling industry. As the prosecution fumbled its desperate attempt to cast the 'Tokyo Two' as criminals, it became obvious that whaling really is on trial in Aomori.
    Switzerland stands strong against GE
    [8 Mar 2010 at 6:00pm]
    The Swiss Parliament has just extended its ban on the cultivation of genetically engineered (GE) plants for three more years. Originally enacted in 2005, Switzerland will stay GE-free until at least 2013.
    Whaling on trial
    [7 Mar 2010 at 6:00pm]
    The Tokyo Two trial continued today as a former whaler took to the stand and cast serious doubt on the veracity of the official investigation into our allegations of institutional embezzlement within Japan's whaling industry. He further revealed how the whaling crew kept for themselves the meat from baby whales caught in the Southern Ocean Whale Sanctuary.
    Last chance for bluefin tuna, too late for real conservation
    [4 Mar 2010 at 6:00pm]
    So the world is finally waking up to the fact that the Bluefin tuna is in crisis. That's nice. But decades of overfishing have pushed this majestic fish to the brink of extinction, which is not the point at which we should start thinking about conservation. The situation is so extreme that an international trade ban is now its only hope of survival.
    Calling out Samsung for toxic failure
    [2 Mar 2010 at 6:00pm]
    Samsung still uses PVC and brominated flame retardants (BFRs) in all its products, except in a few models of mobile phone, MP3 players and some components, despite many promises to clean up. That's why our activists stuck huge stickers on the Korean electronic giant's Benelux headquarters in Brussels on Wednesday stating "Samsung = broken promises".

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