Today advocacy organizations publish a new report based on data made available through FOIA litigation with the state and federal Immigration and Customs Enforcement that both outline the metastasizing growth of local police's involvement in immigration enforcement and the resulting patterns of prejudice and collateral deportation in local practice with little to no evidence of any relation to actual public safety efforts.
The data reveals that the federal agency's practice of requesting the extended incarceration of an individual because of the suspicion of the immigration status known as ICE detainers rose 17,169% from 2007 to 2013 with 96% of those targeted being of "dark or medium complexion."
Just before the close of Georgia’s 2014 legislative session last week, the state’s General Assembly granted final approval to a law that would allow state workers to drug test food stamp recipients. The law, H.B. 772, now awaits the signature of Gov. Nathan Deal, a Republican.
An earlier version of the bill would have made drug testing mandatory for all food stamp recipients, but members of the House changed the bill’s wording after a federal judge ruled that a similar law in Florida violated the Fourth Amendment. To avoid the same fate, H.B. 772 was rewritten to require “reasonable suspicion” that a food stamp recipient was using illegal drugs before caseworkers could order a drug test.
Georgia is the latest state to consider legislation that could sanction discrimination in the name of religious freedom.
There are two versions of the Georgia bill – a state House version, HB 1023, and a state Senate version, SB 377. Both would affirm the “right to act or refuse to act in a manner substantially motivated by a sincerely held religious tenet or belief whether or not the exercise is compulsory or a central part or requirement of the person’s religious tenets or beliefs.” Where those beliefs conflict with local, state or federal law, the government would have to prove that the law is meant to pursue a “a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.”
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
Following the Federal District Court’s order today in Georgia Latino Alliance for Human Rights, et al. v. Deal, et al., a coalition of civil rights groups announced the next steps in their effort to dismantle the state’s anti-immigrant law, HB 87. Significant parts of the law have been blocked by the courtsbut one provision remains that allows police officers to ask the federal government to verify the immigration status of individuals who are lawfully detained on state-law grounds. It does not allow for stops, arrests or even extending detention just for immigration verification. Today’s order holds that challenges to that provision’s implementation must be brought in other suits, rather than the original case that the coalition filed before HB 87’s effective date in 2011.
SB 160, a bill passed by the legislature and signed into law by Governor Nathan Deal, goes into effect today. Although the primary purpose of this bill was to fix problems created by Georgia’s anti-immigrant law, HB 87, the new bill added some new provisions that we at the ACLU of Georgia fear will harm our state’s immigrant communities and their families.
These provisions include the addition of new items to Georgia’s list of public benefits subject to verification of citizenship and immigration status, as well as limits to the use of foreign passports as acceptable identification in Georgia. These changes to Georgia law make a bad situation worse.
A federal judge in Arizona recently held that Sheriff Arpaio and his Deputies have engaged in racial profiling against Latinos in Maricopa County. The decision found that policies and practices of Arpaio and his office are discriminatory, violate the Fourth and Fourteenth Amendments of the Constitution, and Title VI of the Civil Rights Act of 1964.
The ruling which came asresult of a lawsuit by the ACLU and other organizations vindicated not only immigrant communities in Maricopa County who have long endured Arpaio's reign of terrorbut also communities across the country including here in Georgia where programs leading to racial profiling such as 287(g) have been in effect for several years.
287(g) enlists local police as immigration officers and has been active in four Georgia counties - Cobb, Gwinnett, Whitfield, and Hall.
ATLANTA — On March 21, 2013 at 10:00 a.m., Georgia-based human rights and faith groups will host a press conference in front of the State Capitol to call on legislators to reject legislation that promises to embroil Georgia in further controversy and reputational harm. If passed in its current form, HB 125 will have a similar effect as some of the worst provisions in Alabama’s law by denying many immigrants access to utilities, marriage certificates, and municipal buildings requiring ID. The groups will call on the legislature to instead act on its original intent and pass sensible legislation to alleviate some of the burdens imposed by HB 87.
Press conference to announce human rights and faith groups’ unified opposition to anti-immigrant legislation pending at the Georgia legislature.
Nan Orrock, State Senator
Pedro Marin, State Representative
Rev. Gregory Williams, Lead Pastor, The Power Church
Adelina Nicholls, Georgia Latino Alliance for Human Rights
Azadeh Shahshahani, ACLU Foundation of Georgia
Miriam Zuniga, Freedom University
Everitt Howe, Atlantans Building Leadership for Empowerment
PJ Edwards, Travelers Together immigration education and advocacy ministry
Thursday, March 21, 2013
Outside the Georgia State Capitol, Washington Street side
By KATE BRUMBACK
The Associated Press
Some quiet changes to a bill that was intended as a simple fix for unintended consequences of a 2011 crackdown on illegal immigration have turned the bill that originally had pretty universal support into a rallying point for activists on all sides of the immigration issue.
The bill sponsored by state Rep. Dustin Hightower, R-Carrollton, was presented as a solution to complaints from several state agencies that Georgia's 2011 law was creating extra work and delays in processing public benefits, including professional licenses.
But the amended bill passed by the House Monday would effectively deny driver's licenses to young people who were brought here illegally as children and who have been granted temporary permission to stay and work here under an Obama administration initiative. It also would bar illegal immigrants from being able to get a marriage license or access water and sewage services in the state.
Though the amendments would affect relatively few people, the American Civil Liberties Union of Georgia is quickly organizing efforts to protest the bill.
"All of a sudden, we're confronted with all of these damaging changes," the ACLU's Azadeh Shahshahani said. "These are all additional complications and burdens that we don't need."
The Dustin Inman Society, which pushes for stronger laws targeting illegal immigration and stricter enforcement of existing laws, sent out an email blast to supporters urging them to call their lawmakers to tell them to keep Hightower's bill intact and to defeat a more limited Senate version of the bill.
Though Hightower says he didn't initially realize the potential effects of the changes, he hasn't said whether he intends to take them out. He said the additions to his bill weren't meant to dupe anyone, that they were intended to streamline the legislative process.
"The original intent of this bill was to be something to facilitate people obtaining and keeping a professional license in a much easier fashion," he said, adding that it was also meant to preserve taxpayer-funded public benefits for U.S. citizens and other eligible legal residents.
Georgia's 2011 law targeting illegal immigration requires anyone applying for or renewing public benefits — like professional licenses, welfare and unemployment benefits — to provide a "secure and verifiable" document proving their U.S. citizenship or legal presence in the country.
People in the country illegally have long been ineligible for Georgia driver's licenses. But after the Obama administration's Deferred Action for Childhood Arrivals program took effect in August, Georgia Attorney General Sam Olens declared that those with deferred status could get a temporary driver's license.
However, the advisory opinion Olens issued at Gov. Nathan Deal's request seems to indicate that those in the federal program are not eligible for state identity cards, because those IDs are subject to the law governing public benefits. The pending legislation adds "state issued driver's licenses" to the list of public benefits.
Hightower said he didn't know whether his bill denies driver's licenses to those granted deferred action, and said that wasn't his specific intent. But he didn't say if that was something he'd be in favor of or if he'd reconsider the addition of driver's licenses to the list of public benefits.
The 2011 law charged the state attorney general's office with creating a list of documents that government agencies could accept if they require identification for an official purpose. The list currently includes foreign passports, the only document on the list that those in the country illegally would be able to obtain legitimately.
By removing foreign passports from the list unless they're accompanied by federal immigrationdocumentation, the new bill would technically prevent illegal immigrants from getting a marriage license in Georgia or from accessing water and sewage service in the many municipalities that require identification to turn on service.
Hightower said the possibility of preventing illegal immigrants from obtaining marriage licenses and access to water and sewer services was not intentional. Since being made aware of that issue, he's looking at what can be done to resolve it, he said.
Copyright The Associated Press
This month Mark Lyttle, an American citizen from North Carolina who has mental disabilities, received a 175 thousand dollar settlement from the federal government. A federal district court in Georgia found the government wrongfully deported him Mexico.
In 2008 Lyttle was inexplicably referred to Immigration and Customs Enforcement as an undocumented immigrant from Mexico. That’s despite the fact the bi-polar man had never been to Mexico, shares no Mexican heritage and spoke no Spanish.But he was detained and deported to Mexico with just three dollars in his pocket.
Azadeh Shahshahani with the Georgia ACLU , which represented him, says Lyttle spent 125 days wandering central America.
She says he was" living off the streets and homeless shelters, and begging. And he had no way to prove his identity either, so he was imprisoned at times.“
Ultimately, someone with the American Embassy in Guatemala helped him get back to the U.S.
ICE has refused comment on Lyttle’s case. A spokesman says they now offer a 24-hour hotline to help detainees. ICE personnel will collect information from the individual and refer it to the relevant Field office for immediate action. Shahshahani says that is a good first step. But she says people with mental disabilities need a court-appointed lawyer to ensure their rights are protected during the deportation process.
She says “The ACLU has done a study on documented cases where individuals who could not even remember their own names were left to languish in detention centers with nobody really caring what happens to them until an attorney or advocate discovers their fate.”