Dekalb County Sheriff Rejects Unconstitutional Detention Per ICE Requests Georgia

Georgia #Not1More Looks to Prevent Future ICE Abuses

Members of the Georgia #Not1More coalition today announced the latest victory in their efforts to end unconstitutional detention per ICE detainer requests in Georgia.

DeKalb County Sheriff Jeffrey L. Mann has announced that, effective immediately, he will end submission to federal detainer requests, a centerpiece of the failed Secure Communities deportation quota program, without a warrant or other sufficie

“I requested and received a legal review of this practice,” said Sheriff Mann. “The law does not allow us to hold anyone without probable cause. If our judicial system determines that an individual should no longer be held in custody, it is not in my authority to countermand that decision. We all benefit from a nation of laws that regulate the ways people can be detained, and we should be grateful that is the case.”

Representatives of the Georgia #Not1More coalition welcomed the Sheriff’s announcement and will continue to carefully monitor the implementation of the DHS initiative replacing Secure Communities, Priority Enforcement Program (PEP), due to fundamental concerns with police-ICE collaboration exemplified in previous ICE experiments.   

“Rejecting ICE’s detainer requests makes all Georgians safer and brings DeKalb County policy in line with the Constitution. We’re glad to see Sheriff Mann taking proactive measures to address the harm to both public safety and community trust in law enforcement that involvement in federal deportation efforts has caused. We will continue to work with the Sheriff to create a bright line between law enforcement and federal deportation efforts to protect our families and prevent ICE programs from violating anyone’s rights regardless of what new name the agency gives to its quota pursuits.”  –Adelina Nicholls, Georgia Latino Alliance for Human Rights (GLAHR).

 “SONG and the Georgia #Not1More coalition are heartened by this decision, and we hope that Sheriff Mann’s action on this reflects further commitment on behalf of the DeKalb County Sheriff’s Department to work with immigrant communities and our allies post-implementation.  We have directly experienced the harm inflicted on our communities by ICE, and with the recent political maneuvers at the federal level, it is increasingly important for our communities to remain vigilant and aware of how this implementation will happen in Georgia.” – Paulina Helm-Hernandez, Southerners On New Ground (SONG).

 “We Commend Sheriff Mann for putting an end to the unconstitutional practice of prolonging individuals’ detention per ICE detainer requets.  This action is sure to increase community trust in the DeKalb County Sheriff’s Department. Going forward, we will monitor the implementation of the new DHS program, PEP, and will document and take action on any violations resulting from continued local law enforcement entanglement with ICE.” – Azadeh Shahshahani, ACLU of Georgia. 

 Georgia #Not1More coalition is a coalition made up of: Georgia Latino Alliance for Human Rights (GLAHR), Southerners On New Ground (SONG), US Human Rights Network, ACLU of Georgia, Southern Poverty Law Center (SPLC), Jobs with Justice, Georgia WAND, Racial Action Justice Center, coalicion de lideres latinos-CLILA, National Day Laborer Organizing Network (NDLON), Southeastern Immigrant Rights Network (SEIRN), Women Watch Afrika, Project South, Metro Atlanta Democratic Socialists of America, Georgia Detention Watch, GA Moral Mondays, and Atlanta American Friends Service Committee.


Solutions NOT Punishment

DAY of OUTRAGE
Enough is Enough!

ts time to make Atlanta a better city for all of us.

We demand an end to the practices of profiling and harassment.

We demand solutions that do not criminalize our communities.

Tuesday, February 25th
Atlanta City Hall, Mitchell Street Entrance
2:00 Press Conference and Rally

Sen. Isakson Defends Government Surveillance Program

WABE News
Jonathan Shapiro

U.S. Senator Johnny Isakson (R-GA) is defending the government surveillance program revealed to be gathering call logs from millions of Verizon phone subscribers.

Speaking after a conference in downtown Atlanta, Iskason said it’s been an important tool in preventing terrorist attacks.

“I can’t talk about some of the things that I know with regard to what our security procedures are, but I am satisfied that there’s no violation of the civil rights of an American citizen in there.”

The National Security Agency and others in the intelligence community are authorized to collect the call logs under 2001’s Patriot Act. Congress maintains oversight and federal judges on the Foreign Intelligence Surveillance Court must approve all data requests. In 2011, Congress renewed the Patriot Act for an additional four years.

Unprecedented Collaboration Between Georgia Law Enforcement and Federal Immigration Officials Prompts Lawsuit Demanding Transparency

DHS and ICE violate Freedom of Information Act by failing to respond to six month old request.

Atlanta, GA - October 24, 2012

Today the Georgia Latino Alliance for Human Rights (GLAHR) and the ACLU of Georgia filed a lawsuit against the Department of Homeland Security and Immigration and Customs Enforcement. The suit seeks public records documenting the effects of Georgia’s increasing involvement in immigration enforcement, including information that will shed light on increasing reports of racial profiling and police abuse.

The two organizations requested the records over six months ago. With representation by the ACLU of Georgia, the National Day Laborer Organizing Network, and the NYU Immigrant Rights Clinic, the lawsuit alleges that DHS and ICE have failed to comply with the Freedom of Information Act, and demands the release of the requested records.

Azadeh Shahshahani, counsel for the ACLU of Georgia commented, “Transparency is integral to a democratic society. Yet by withholding the records, ICE is preventing the shining of much needed light on the extent of the collaboration between this agency and local police in Georgia.”

The impact of Georgia’s experiment with immigration enforcement—through 287(g) agreements, the Secure Communities program, and HB 87—is largely unstudied. The records sought in the lawsuit will reveal who is being targeted for immigration enforcement, and how increased immigration enforcement by police is impacting public safety and civil rights.

Adelina Nicholls, Executive Director of GLAHR explained, "Immigrant communities have felt the aggression inside their own local neighborhoods since the implementation of 287(g) and the Secure Communities Program. HB87 increased the anti-immigrant climate and now overwhelming amounts of family members in our communities have been detained under minor traffic violations, as many of them are being arrested without a 'probable cause.'

Throughout the state of Georgia we are organizing to keep racial profiling out of our communities and we want to be informed about the programs that we see contributing to it. We shouldn't have to sue for transparency but if the Department of Homeland Security and ICE refuse to honor the law, we will do what it takes to shine a light on what is happening in Georgia."

The complaint can be viewed here: http://www.acluga.org/files/9413/5108/5027/GLAHR_v_ICE_Complaint.pdf

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ACLU Foundation of Georgia Challenges Viewpoint Discrimination in Klan Suit

ATLANTA -- The ACLU Foundation of Georgia filed a lawsuit today in Fulton County Superior Court against the State of Georgia on behalf of the International Keystone Knights of the Ku Klux Klan (IKKK), which had sought to be a part of the Adopt-a-Highway Program. The IKKK sought to maintain a stretch of Highway 515 in Union County as part of the Keep Our Mountains Beautiful program.

“The fundamental right to free speech is not limited to only those we agree with or groups that are inoffensive. The government cannot pick or choose who is protected by the Constitution,” said Debbie Seagraves, executive director of the ACLU Foundation of Georgia. “There will always be speech and groups conveying hateful messages that are distasteful to some. That is why the First Amendment protects free speech for all.”

The Georgia Department of Transportation rejected the IKKK’s application to participate in the Adopt-a-Highway Program because of the group’s history and the potential impact to motorists driving on that stretch of highway. This decision violates the free speech and due process rights guaranteed by the Georgia Constitution.

“Many people may find the views expressed by groups like the IKKK abhorrent. But there is nothing American about taking away the right to express those views or undertake a project, such as notification of sponsorship of a highway cleanup, which is otherwise open to all,” said Chara Fisher Jackson, legal director of the ACLU Foundation of Georgia. “Freedom of speech is at the very core of American values.”

Attorneys on the case also include Alan and Cory Begner of Begner & Begner, P.C.

To view the Complaint click here

ACLU of Georgia, Other Groups Issue Letter to Chairman of the Immigration Enforcement Review Board

The ACLU Foundation of Georgia was joined by more than a dozen organizations today in issuing a letter to Immigration Enforcement Review Board (the Board) Chairman Benjamin J. Vinson laying out concerns with how the Board might apply the powers granted to it in the case ofMichael Dale Smith v. City of Vidalia. The letter emphasized that despite Mr. Smith’s allegations concerning Lark Industries and other businesses within the city of Vidalia, any investigation the Vidalia review panel conducts must be restricted to onlypublicentities. The letter questioned why a review panel was created to investigate Mr. Smith’s accusations against Vidalia in the first place when Board members have described his complaint as “vague” and lacking in rather important specific details such as names, dates, and locations. The letter asked for clarification as to how Mr. Smith’s complaint actually met theprima faciestandard that the Board’s rules require before a complaint may be considered by the Board. Finally, the letter requested explanation as to what authority the review panel possesses that allows it to investigate alleged violations of Georgia immigration laws that are said to have occurred before the creation of the Board, and what authority the Board possesses to potentially issue sanctions for violations that are found to have occurred prior to the Board’s creation.

“We are deeply concerned that following the Smith decision, the Board has authorized its complaint process to amount to what is essentially a fishing expedition,” said Azadeh Shahshahani, National Security/Immigrants’ Rights Project Director with the ACLU Foundation of Georgia.

The letter can be viewed here: http://www.acluga.org/files/2013/4313/9383/LettertoIERB7-24-2012.pdf