Time to Bring Moms Home: Impact of Immigration Detention on Women

May 23, 2013

Time to Bring Moms Home: Impact of Immigration Detention on Women

The Huffington Post
Azadeh Shahshahani
National Security/Immigrants Rights Project Director

Earlier this month, we celebrated Mother's Day while thousands of immigrant women across the country were separated from their children and families. They were imprisoned in the more than 250 facilities nationwide including the two in Georgia which currently detain women.

Women in immigration detention facilities including the Irwin County Detention Center and the North Georgia Detention Center face particularly painful circumstances as the ACLU of Georgia documented in our report released last year, "Prisoners of Profit: Immigrants and Detention in Georgia."

Victims of Abuse

Women often end up in detention because they were victims of abuse. More than half of the women we interviewed had been victims of domestic violence. Veronica and Maria Francisco, two women detained at the North Georgia Detention Center, said they had never called the police when they were being beaten by their partners because they were afraid of being arrested and deported, which would hurt not only them but their children as well. Maria's husband actually threatened to call ICE and have her deported if she complained about the beatings. She believed him and never called for help. Her worst fears came true when she was finally arrested after police arrived at her home in response to a domestic violence call.

Separation From Families and Children

Many of the women we interviewed were worried for their children because they were no longer with any immediate relatives or living at their own homes. Dulce Bolanos Estrada, who fled to Georgia from New Orleans to escape an abusive husband, has never been convicted of a crime. When she was detained, her young children (ages two, five, and seven), all U.S. citizens, were staying with relatives because she was their only caregiver. Her detention, she said, had torn apart the home she kept together.

Clara, who had already received her final removal order, was terrified that her children, U.S. citizens, would be sent to their abusive father or put in state custody because she was told she would be deported regardless of the dates of her pending custody case. Because she could not afford an attorney, she had many questions about the future well-being and rights of her children, and she had no idea to whom she could turn.

Maria Francisco has four U.S. citizen children; two of them are still too young to attend school. They had been living with a relative since Maria's detainment. She did not know what she would do if she were deported. She wanted her children in good schools because as Americans, they deserved to attend American schools. She had not seen her children at all in the two months she had been detained.

Veronica's children, all three of whom are U.S. citizens, were back in Mexico because she had no family or friends who could provide a safe place for her children to live in the U.S. At the time we spoke with her, Veronica had been detained for almost four months, and the extent of her record was a ticket for driving without insurance or a license.

Medical Needs

Women face particular obstacles pertaining to their reproductive health in detention. When Natalia Elzaurdia was detained at the North Georgia Detention Center in May 2011, she and her fiancé were expecting their first child. At intake, Natalia told the nurse at the medical unit that she was four months pregnant. The nurse then conducted a urine test, and told Natalia that she was not pregnant. Natalia asked her to call the Gwinnett County Detention Center where she had previously taken two pregnancy tests. The nurse refused to call and conducted a chest xray against Natalia's protestations. Natalia asked for a blood test instead. The next day a blood test confirmed she was pregnant.

Natalia had requested to see a gynecologist as soon as she entered NGDC. At the time of the interview, days after she put in her request, she had yet to see a gynecologist. "I put in requests to two nurses and my deportation officer and still my concerns have not been addressed. I experience cramps in my abdomen daily. I want an ultrasound; I haven't been given one yet and I'm four months pregnant." Although she requested to see a doctor, Natalia only saw nurses. Natalia's family wrote to the warden and other NGDC officials, as well as DHS regarding Natalia's treatment, but never received a response.

Hygiene

Women often face inadequate hygiene conditions in detention, jeopardizing their health. At Irwin, the underwear women receive upon arrival is often used, even showing stains or signs that it is not properly washed. Veronica was issued soiled undergarments at intake and she asked if she could have clean ones. She was refused and told to wear what she was given. As a result of wearing the soiled undergarments, Veronica developed a serious infection that ultimately left scars on her legs and genitals.

In the spring of 2011, a rash broke out among the women in one unit at Irwin, and most of them had painful bumps on their chests. In July 2011, another women's unit had a similar rash outbreak, and one woman had the rash spread across her back and side. None of the women interviewed ever found out why these outbreaks occurred, or what exactly they had contracted.

Daniela Esquivela told us that women detained at the North Georgia Detention Center are given a pack of sanitary napkins for when they are menstruating, but that they must ask for more once they run out. The guards only give out three or four at a time, and if the women need more, they have to keep going back to ask for more. Geraldine Ayala also added that they sometimes have to wait to get more sanitary napkins because "they run out."

Food

The quality and quantity of the food in detention is often lacking, especially affecting pregnant women. The schedule of the meals at the North Georgia Detention Center posed particular concern for Natalia in light of her pregnancy. Natalia stated that "the feeding times are ridiculous; there are thirteen hours between dinner and breakfast." Although Natalia was eventually given increased portions due to her pregnancy, she was not given meals more frequently. In addition, it took two or three days once her request was approved for the portions to increase.

Need for Reform

It is past time to close down the worst immigration detention centers in the country and treat detention as the last resort rather than throw immigrants in jail-like conditions -- including individuals who have been here for years, those who have only committed minor violations, those who have U.S. citizens and relatives as spouses or children, and those who have strong claims to remain in the United States.

The immigration reform bill introduced recently in the Senate contains important detention reforms, such as prompt bond hearings, alternatives to detention in immigration jails, and oversight of detention facilities. The bill also recognizes the importance of appointed counsel for those with mental disabilities, unaccompanied children, and other vulnerable populations.

We must continue to fight every step of the way to ensure immigration reform achieves a roadmap to citizenship for immigrants and an immigration process that respects the civil rights and liberties of immigrants, including women in deportation proceedings. With the hope that next Mother's Day, all detained immigrant mothers will be reunited with their families.

The Future of American Warfare? Assessing the Legality of the Obama Administration's Use of Military Drones

May 21, 2013

The Georgia Lawyer Chapter of the American Constitution Society presents:

The Future of American Warfare?

Assessing the Legality of the Obama Administration's Use of Military Drones

Wednesday, June 5, 2013
6:30 p.m. – 8:00 p.m.

Bondurant Mixson & Elmore LLP
One Atlantic Center
1201 West Peachtree Street
Suite 3200
Atlanta, GA

Featuring:

• The Honorable Bob Barr, Former United States Representative, 7^th Congressional District of Georgia; Former Presidential Candidate, Libertarian Party
• Laurie Blank, Director, International Humanitarian Law Clinic, Emory University School of Law
• Azadeh Shahshahani, National Security/Immigrant Rights Project Director, American Civil Liberties Union of Georgia
• Todd Stein, Lecturer, Sam Nunn School of International Affairs, Georgia Institute of Technology; Former General Counsel, Legislative Director, Senator Joseph Lieberman (I-CT)

Moderated By:

• Neil Kinkopf, Professor of Law, Georgia State University College of Law; Former Special Assistant, Office of Legal Counsel, U.S. Department of Justice; Member, Board of Advisors, ACS Georgia Lawyer Chapter

To what extent does the United States Constitution and current federal law authorize the use of military drones in counter-terrorism operations? Come hear a panel discussion on the constitutionality of President Obama’s policy on the use of drones, including the limits to their use, whether and when they could be used on American citizens, and the merits of constitutional concerns raised on the political left and the political right.

RSVP here

Yes, There's Still Racial Segregation in 2013

April 07, 2013

It's insane, but friends at Wilcox County High School in Georgia are being divided by race. Parents and students are sponsoring separate proms for white and black students and the school is washing their hands of the whole thing.

A diverse group of friends—who want to attend one of the best nights of their young lives together—are fighting back. They're trying to organize an integrated prom where everyone's welcome, but they could use some support from the school.

Click here to sign the petition.

The ACLU of Georgia National Security/Immigrants’ Rights Project is celebrating its fifth anniversary!

March 27, 2013

The ACLU of Georgia National Security/Immigrants’ Rights Project is celebrating its fifth anniversary! Founded in March 2008, the project works to bring Georgia into compliance with international human rights and U.S. constitutional standards in treatment of refugees and immigrant communities, including those in detention. This project engages ACLU of Georgia staff and volunteers in litigation, legislative advocacy, human rights documentation, coalition-building, public education, attorney training, and community organizing to address a range of issues. Here you can find a few of our accomplishments over the past five years.

Download Brochure >>

Azadeh Shahshahani writes for the Fulton County Daily Report on pending anti-immigrant legislation in Georgia.

March 27, 2013

Don't amend bill that fixes flaw in Ga. immigration law

by Azadeh Shahshahani
Daily Report, March 27, 2013

Two years ago, Georgia passed one of the most stringent immigration laws in the country, House Bill 87. Both supporters and opponents of the bill now agree that it has a major flaw which needs to be fixed quickly. As written, the law subjects U.S. citizens renewing a professional license to months of delay, costing many of them their jobs and livelihood.

Legislators from both sides of the aisle wisely pledged to work together to do away with this unacceptable consequence. Straightforward, fix-it bills were introduced in the state House and Senate. Unfortunately, a few legislators have made last-minute changes to one of the bills, sending it in a completely different direction. Their amendments threaten to embroil Georgia into another protracted and rancorous debate over provisions similar to the one that prompted a fix in the first place.

The amended bill would make it a crime for state and local government officials to accept any foreign passport as proof of identification unless the passport is accompanied by proof of legal immigration status. This, even though a passport is the most secure form of ID issued by an individual's country of citizenship and one that's accepted by the federal TSA for airplane travel, where security is paramount. It defies common sense to make it a crime for government workers to accept foreign passports as proof that a person is who they say they are.

Although the consequences of this provision may not be readily apparent, it could bar immigrants from obtaining marriage certificates in counties such as Fulton where a foreign passport is readily accepted as ID for this transaction, and prevent children of immigrants from attending public schools to the extent that the schools require proof of ID for enrollment.

Another of the amendments could make it impossible for some lawfully present immigrants including young people granted deferred action from deportation and individuals granted reprieve from natural disasters and war to obtain driver's licenses.

Besides the harm to individuals, the amendments would impose an unfair burden on local governments across Georgia.

These changes inject chaos into an otherwise sensible proposal. Let's get back to making common sense, constructive change. Legislators and the governor can do that, by supporting the original fix-it bills that lawmakers crafted to address a problem they agreed needed attention.

You can read the article at the Daily Report here.

Human Rights and Faith Groups Hold Press Conference TOMORROW, March 21 in Opposition to Anti-Immigrant Legislation

March 20, 2013

Human Rights and Faith Groups Hold Press Conference

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.

WHAT:
Press conference to announce human rights and faith groups’ unified opposition to anti-immigrant legislation pending at the Georgia legislature.

WHO:
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

WHEN:
Thursday, March 21, 2013
10:00 a.m.

WHERE:
Outside the Georgia State Capitol, Washington Street side

###

Liberty Forsaken: Women in Incarceration

March 18, 2013

On occasion of the International Women's Day

Georgia Detention Watch presents

Liberty Forsaken: Women in Incarceration

a panel discussion featuring special guest Jessica Colotl

Saturday, March 30, 2013 at 12:00 pm

4200 Perimeter Park South, Suite #205
Atlanta, GA 30341

co-host: ACLU of Georgia

Click here to RSVP

ACLU of Georgia's Azadeh Shahshahani is featured in this article about Asian-Americans in Southern politics.

March 14, 2013

Azadeh Shahshahani, 34
Human Rights Lawyer, Georgia

Azadeh Shahshahani has been a prominent human rights advocate in the South for eight years. Currently the director of national security and immigrant rights at the American Civil Liberties Union’s Georgia chapter, Shahshahani, 34, remains at the forefront of several campaigns to help those who often do not have a voice within the state’s and nation’s legal framework.

Shahshahani was among those who led the fight against HB 87, a Georgia law that closely mirrors the Arizona immigration law, enabling local law enforcement to check the immigration status of anyone believed to have committed even a minor infraction. The law passed in 2011 but her work led to a federal court blocking other parts of the law, including a provision that makes it a crime for anyone to transport or harbor an undocumented immigrant. In the last year, Shahshahani has run over 15 forums in rural Georgia, teaching immigrants about their rights if they get stopped by police.

Much of Shahshahani’s work has also focused on prisoner’s rights. She authored a report in May 2012 detailing poor conditions in the privately run prisons used to detain undocumented immigrants. Most of the problems revolved around abysmal medical care for sick or injured prisoners. Shahshahani has written prolifically in print media and given TV interviews on the need for immigration authorities to stop using private companies to run prisons. These private firms are “committed to generating money for their investors,” she said.

Read more >>>

ACLU of Georgia Joins Nationwide Investigation of Police Militarization

March 14, 2013

The ACLU of Georgia joined affiliates throughout the country by submitting open records requests to determine the extent to which local law enforcement agencies are using federally subsidized military technology and tactics that are traditionally used in military operations overseas. The ACLU of Georgia submitted these requests to 11 of the largest law enforcement agencies in the state. We hope to receive responses in the coming weeks and we will continue to monitor this situation. You can find out more about this project at http://www.huffingtonpost.com/2013/03/06/aclu-police-militarization-swat_n_2813334.html

ACLU of Georgia sends letters to Sheriffs across the state

March 14, 2013

The ACLU of Georgia has sent letters to Sheriffs across the state about ICE detainers and section 8 of HB 87 (also known as “show me your papers”) advising them about how Georgia’s local law enforcement detention practices may be violating individuals’ constitutional rights

You can read the letter here.

Bill Drafted to Fix Immigration Law Sparks Controversy

March 13, 2013

A bill aimed at fixing Georgia’s immigration law has stirred up its own debate.

By Martha Dalton
WABE News

When Georgia’s immigration law, known [previously] as HB 87, took effect in 2011, some medical professionals had to provide proof of citizenship before renewing their state-issued licenses. That caused a backlog at some state offices and frustration among professionals. Lawmakers drafted House Bill 125 to fix that, according to Azadeh Shahshahani, an attorney for the ACLU’s Georgia chapter.

“Then all of a sudden, the version that passed the House committee and the version that passed the House floor included these additional provisions we have concerns with,” Shahshahani says.

Shahshahani says one provision would not allow the use of foreign passports as a form of identification, unless accompanied by certain federal documentation.

“Right now, a foreign passport is the only document that an undocumented immigrant can use to prove their identity for a variety of official transactions,” she says.

Shahshahani says the provision could prevent some illegal immigrants from enrolling their children in school or getting their utilities turned on. But Dustin Inman Society president DA King says discouraging illegal activity is the point.

“We’re trying to change the passport acceptance so that we are more efficiently protecting jobs, benefits, and services," King says, "Accepting a passport without the proper entrance stamps from a non-citizen is counterproductive to achieving our goals.”

The second provision would add state-issued drivers’ licenses to the list of public benefits undocumented immigrants can’t receive under Georgia law.

Shahshahani says the provision could affect people who are legally granted Temporary Protected Status to live and work in the U.S. However, King says, it’s unclear whether that provision will make it in the final version of the bill. The legislation has passed the House and now heads to the Senate.

http://wabe.org/post/bill-drafted-fix-immigration-law-sparks-controversy

Changes in GA immigration bill draw opposition

March 09, 2013

Changes In Immigration Bill Draws Opposition

By KATE BRUMBACK

The Associated Press

ATLANTA —

Copyright The Associated Press

http://www.ajc.com/news/ap/legislative/changes-in-ga-immigration-bill-draw-opposition/nWmXY/

The ACLU of Georgia Sends Letter to the Board of Regents Asking that They Lift the Ban on Admission for DACA Recipients

March 06, 2013

The ACLU Foundation of Georgia has sent a letter to the Board of Regents asking that they end the application of Policy 4.1.6. (ban on attendance of selective colleges and universities in the University System of Georgia) to young immigrants granted deferred action under the federal Deferred Action for Childhood Arrivals (DACA). The letter also asks that the Regents issue new guidance recognizing that DACA recipients are “lawfully present” under federal immigration law and thus eligible to seek admission to Georgia’s competitive postsecondary institutions. Portions of the letter were read today by student organizers at the rally against the ban in Athens.

The letter and exhibits can be viewed here:

Letter
Exhibit A
Exhibit B
Exhibit C

HB 125 Injects Controversy into an Otherwise Sensible Bill. Changes to Bill are Burdensome, Unjust, and Unnecessary.

March 06, 2013

HB 125, the bill that was supposed to offer a fix to HB 87, but instead inserted damaging and cumbersome provisions making immigrants' lives in the state much more difficult, has passed the Georgia House. The provisions excluding foreign passports from the list of “secure and verifiable” documents and adding driver’s licenses to the list of “public benefits” threaten to overshadow the other reforms and push Georgia in the opposite direction, injecting new controversy, potential litigation, and reputational harm. For more on this bill, see our fact sheet.

Georgia Public Broadcasting interviews ACLU of Georgia's Azadeh Shahshahani about release of some immigrants from detention in recent days

February 28, 2013

Some Georgia Detainees Released

By Ellen Reinhardt

Georgia Public Broadcasting

Immigration advocates say detainees have been released from the North Georgia detention center, the Irwin County detention center and the Stewart detention center in south Georgia.

Immigrations and Customs Enforcement announced Monday that hundreds of non-violent detainees and those who don’t pose a flight risk would be granted supervised release across the country. ICE says that’s due to anticipated cuts from sequestration. A Georgia ICE official could only confirm releases from the Stewart facility.

Azadeh Shahshahani with the Georgia ACLU says we can no longer afford immigration prisons for people who are neither a flight risk nor a danger to the community.
“It is about 122 dollars to 164 dollars per detainee per day. Whereas if we relied on more alternatives to detention, that would cost from 30 cents to 14 dollars a day.” she says.
ICE officials confirm those figures, but say the deportation process increases from 45 days if someone is in a detention facility to as long as 2 years if the person is under supervision.
Shahshahani says even the government admits supervision rather than detention is a better way to go.
She says “The Department of Homeland Security has itself told Congress that alternatives to detention are a cost-effective alternative to secure detention of immigrants in removal proceedings. And the Department of Homeland Security’s own alternative to detention program has ensured that 94 percent of people appear for their immigration hearings.”
ICE officials say the supervision can range from requiring immigrants to wear ankle monitors to having them check in with ICE officials once a week.
11th district Georgia Congressman Phil Gingery released this statement regarding the detainee releases:
"Despite President Obama’s attempts to rewrite history, this is his sequester. And now, rather than governing, he is waging a nation-wide public relations campaign warning against his very idea. The bottom line is it’s the spending cuts—not necessarily the sequester itself—that must be implemented. House Republicans have already acted, voting twice to replace it with common-sense reforms that reduce spending while protecting the DoD from being disproportionately impacted. Identifying and eliminating wasteful or duplicative programs and services within DHS and other government agencies would cut spending without hollowing out our military. "
"For instance, according to a recent report, DHS paid for an underwater robot in a Midwest city with no major rivers or lakes nearby, a hog catcher in rural Texas and a fish tank in a small Texas town. The report also found the department has no way of tracking how grant money is spent and has not produced adequate measures to gauge what states and communities actually need. Rather than releasing detainees, government agencies must focus on cutting spending and enacting reforms in wasteful areas such as these."
9th District Congressman Doug Collins also criticized the Obama administration. He released this statement:
“Unfortunately, this type of dangerous behavior has become the status quo from President Obama. It’s disheartening to know the leader of the greatest country in the world would rather play futile political games to advance his tax and spend agenda than protect innocent Americans. These actions are a cowardly and careless; and moreover, they undermine the work the House Judiciary Committee is doing in regards to immigration reform. President Obama should be ashamed of himself for choosing political expediency over the safety of the American people.”

ACLU of Georgia's Azadeh Shahshahani is featured in this article about Asian-Americans in Southern politics

February 27, 2013

FOIA Docs Released to USA Today Reveal Deportation Quota Driving Immigration Policy

February 19, 2013

FOIA Docs Released to USA Today Reveal Deportation Quota Driving Immigration Policy

Advocates Release Briefing Guide Exposing Decision to Enlist Local Police About Meeting Numbers Not About Safety

Following the USA Today story outlining ICE tactics to boost deportation numbers, the Georgia Latino Alliance for Human Rights, the ACLU Foundation of Georgia, and the National Day Laborer Organizing Network released a briefing guide exposing ICE headquarters directives to Georgia and North Carolina field offices to disregard public safety concerns in order to meet self-imposed deportation quota requirements.

Adelina Nicholls, executive director of GLAHR adds, "The documents are damning evidence that the checkpoints that cover our state have nothing to do with public safety and everything to do with a rogue agency and its deportation dragnet. It confirms the claims our community has been making for years about the agency’s practices. Georgia police should be stopped from any more roadside checkpoints until it is clear that they are not being used for ICE's quota."

"These revelations highlighting ICE's actual game plan of aggressively targeting undocumented community members to meet the agency's deportation quotas are deeply disturbing. It is time for the administration to stop such tactics and put an end to unjust deportations," explains Azadeh Shahshahani, National Security/Immigrants’ Rights Project Director with the ACLU of Georgia.

Chris Newman, legal director for the National Day Laborer Organizing Network, says, "The Obama Administration's decision to enlist police as deportation 'force multipliers' was motivated by a self-imposed deportation quota. These documents show that ICE tactics are expanding the agency's dragnet instead of narrowing its focus. Until President Obama takes concrete steps to reign in rogue agencies within DHS, his ostensible immigration reform goals will be put in jeopardy by actions that belie his words."

The Briefing Guide is available at:

http://www.acluga.org/files/9113/6129/0506/2013-02-18_GA_Briefing_Guide_Final_CIRC.pdf

An Interview: Campaigning for Freedom: Azadeh Shahshahani

February 12, 2013

An Interview

Campaigning for Freedom: Azadeh Shahshahani

by John Hickman
likethedew.com

Largely missing in the current immigration policy debate is the reality that the legal treatment of immigrants is first and foremost a human rights issue. Altogether lost in that debate is that their treatment also has important implications for the rights of U.S. citizens. What Azadeh Shahshahani, National Security/Immigrants’ Rights Project Director with the American Civil Liberties Union (ACLU) Foundation of Georgia and President of the National Lawyers Guild, makes absolutely clear in this January 24th interview is that the freedom of U.S. citizens and immigrants are inextricably linked.

Hickman: I want to ask about one case in particular: Mark Daniel Lyttle. The facts in the suit case read like a Kafkaesque nightmare. Despite being a U.S. citizen born in North Carolina, despite having mental and emotional problems, and speaking no Spanish, U.S. Immigration and Customs Enforcement (ICE) deports him to Mexico. He is shoved across the border in a prison jumpsuit with three dollars in his pocket and then spends the next three months either homeless or jailed in Mexico, Honduras, Nicaragua and Guatemala. How and why did the ACLU take up his cause?
Shahshahani: We learned about the case through media coverage. The facts were particularly shocking. We are not a direct service provider. Generally we get involved in impact litigation, the kind of case that has effects beyond the immediate case. So, often you will see us challenging unconstitutional legislation, for example our challenge to BH 87, Georgia’s 2011 anti-immigrant law. We want our litigation to result in policy change. Mark Lyttle’s case was emblematic of the lack of due process that plagues the immigration detention and deportation system.

Hickman: What was the outcome of Mark Lyttle’s case?
Shahshahani: He received a monetary settlement. But beyond that, we hope this case sheds some light on this country’s abusive detention and deportation system and helps illustrate the need to move towards a more just and humane immigration system.

Hickman: What explains abuse as heinous as that experienced by Mark Lyttle? Is this what happens when a bureaucracy cannot recognize, admit or correct mistakes?
Shahshahani: I think one issue is the racial profiling inherent in the system. It is a really scary thought for people of color to be caught in the system; the burden is on them to prove their citizenship. The other problem is the lack of access to counsel, to legal representation. Whereas in the criminal justice system in most cases you are entitled to an attorney if you are indigent, in the immigration system there is no right to a court appointed attorney. If you are indigent, you are left to your own devices. There are a small number of organizations that provide legal representation to indigent immigrants in custody but they have very limited resources and can take only a limited number of cases. As an immigrant, you often have to navigate the system by yourself. Immigration laws are very complicated, which adds to the difficulties.

Hickman: Are there other cases comparable to that of Mark Lyttle?
Shahshahani: Yes. There was a case handled by the ACLU of Southern California a few years ago with similar facts. The ACLU of Southern California and the ACLU Immigrants’ Rights Project are also currently litigating Franco-Gonzalez v. Holder, a class action in California on behalf of hundreds of detained individuals with mental disabilities who face similar problems to those Mark encountered.
I should mention that one problem is the lack of adequate safeguards to ensure that U.S. citizens are not deported. Also there is a lack of enforceable standards for the treatment of people in detention. There are guidelines but they can’t be enforced in court.

Hickman: No standards for treatment in custody?
Shahshahani: It is important for people to realize the numbers of deaths of people in detention centers; many of them could have been easily prevented. Since 2003, at least 24 people have died in immigration detention facilities operated by CCA alone. Incredibly, there have been three deaths in detention here in Georgia in recent years. Two of the deaths were at the Stewart Detention Center in Lumpkin and one was at the North Georgia Detention Center in Gainesville. For example, a 39 year old man from Mexico named Roberto Medina Martinez died in detention at Stewart in March 2009. We brought a challenge on behalf of his widow, asserting that his death was the result of government negligence.

Hickman: What was the negligence?
Shahshahani: The physician at the facility failed to review the medical intake examination. An investigation after the fact showed that she had failed to do that in thousands of cases. Stewart is the largest immigration detention center in the U.S., with more than 1,750 men detained there on a daily basis. What was also concerning was that the facility was without a physician from April 2009, a month after the death of Mr. Martinez, to the summer of 2012. Not even one doctor on staff.

Hickman: Social scientists know that mortality in custody tends to be higher than in…
Shahshahani: Definitely irresponsible of government given the population of Stewart. There needs to be more than one doctor there at any one time.

Hickman: Have news sources missed anything else about this story?
Shahshahani: Yes. Lack of adequate food, hygiene and medical care, and also the isolation of these remote facilities. In 2009, we set out to document the conditions at the Georgia detention centers on a systematic basis. We interviewed 68 immigrants in detention, as well as their attorneys and family members. Our report, Prisoners of Profit: Immigrants and Detention in Georgia, was meant to shine a light on the conditions in Georgia specifically.

We found particularly troubling a work program operated by the Corrections Corporation of America at Stewart and North Georgia paying only one to three dollars a day for work that the corporation would have had to hire regularly paid employees for. So the corporation is making a lot of money. The cruelty of the situation is that the immigrants really need the money in order to supplement their diet, because the food served at the facility is inadequate. They also need to buy phone cards, often at exorbitant prices, to remain in contact with their family members and attorneys.

Corrections Corporation of America claims that the program is voluntary but we spoke with immigrants who stated that it was mandatory. When they went on a work stoppage, they were threatened with being put into ‘the hole,’ into the solitary confinement unit. When we toured the facility as human rights observers, the company refused to allow us to see the solitary confinement unit. It raises a red flag for us immediately.

Hickman: What do you think about public reaction to these problems?
Shahshahani: A lot of individuals are not aware of the scale of the problem. We now have more than 400,000 people in detention annually. On a daily basis it is more than 30,000. We need to start treating detention as the last resort, not constantly throw immigrants in jail-like conditions – including individuals who have been here for years, may have only committed minor violations, and may have U.S. citizens and relatives as spouses or children.

Forty-nine percent of those detained in the U.S. are in private prisons. The Corrections Corporation of America is the largest owner and operator of private prisons in America and its role in passage of Arizona’s anti-immigrant SB 70 is documented.

Hickman: So are we seeing an example of moral hazard?
Shahshahani: Yes. You know Arizona’s law was the model for Georgia’s law. The motive is to get as many people in detention as possible to increase corporate profits.

Prostitute banishment idea meets protests

February 12, 2013

Prostitute banishment idea meets protests

Marc McAfee
11alive News

ATLANTA -- A proposed prostitution ban met with opposition at an Atlanta City Council work session Monday. The meeting was designed to invite input on a proposed ordinance that would ban prostitutes and their customers from certain parts of the city after multiple arrests.

The meeting lasted for several hours. Community leaders, church pastors and advocates against sex trafficking said the ban was harshly targeting victims of the sex trade. They said they'd like to see more budget dollars devoted to outreach and second chance programs.

The ordinance was pushed by people who told the city they were tired of living with streets populated by prostitutes and their customers.

"You can't arrest these people because they just keep coming back," said midtown resident Peggy Denby. "So this is our best option."

But Chad Brock of the ACLU said they might consider challenging the ordinance if it becomes law. He said the state Supreme Court has said in the past that banishments are ok if they are reasonable or aimed at rehabilitation. Brock said this ordinance as currently written would not meet those standards.

"Instead of pairing you up with the social services you need, they're telling you to go away," Brock said. "We don't believe that's going to help any sex worker rehabilitating themselves."

The ordinance will head to a committee Tuesday. After that it could come up for a vote at next Monday's City Council meeting.

To watch the video click here.

Atlanta proposes controversial crackdown on prostitution

February 12, 2013

Atlanta proposes controversial crackdown on prostitution

By Jeremiah McWilliams
The Atlanta Journal-Constitution

But Richard Miller, who has owned the Broad Street business for 48 years, says when night falls the clean and calm disappears. Each morning, when he comes to work, Miller is greeted by evidence of a thriving sex and drug trade — from condom wrappers to empty crack vials.

“Makes it disgusting to walk past every morning,” he said.

The city of Atlanta, hearing the frustration of residents and business owners such as Miller, is proposing a controversial crackdown on prostitution. The proposal – which will be debated next Monday before the city council’s public safety committee — comes at a time when Atlanta is once again trying to make areas of the city wracked by drug and prostitution tolerable for residents and business and inviting for tourists and commuters.

Council members have introduced a law that would make it illegal for convicted prostitutes — and those who have been convicted of buying their services — to be in areas of the city where the sex trade is the heaviest during their probations. For second offenses, a conviction could mean a ban from the city.

The proposal, supported by Atlanta Police Chief George Turner and Mayor Kasim Reed, would put Atlanta alongside cities such as Seattle and Washington, D.C. that have adopted loitering laws aimed at curbing drug activity, gang violence and prostitution.

But such laws are ripe for legal challenge because they put police in the constitutionally shaky position of arresting someone for standing on the street or walking on the wrong sidewalk on the suspicion they might commit a crime. And advocates for victims of human trafficking are taking a dim view of the proposal, seeing it as needlessly punishing the vulnerable.

“Banishment? Really? It is 2013. Are they going to stone them as they are taking them out of town?” said Stephanie Davis, executive director for Georgia Women for a Change. “This doesn’t solve the problem and it is not good public policy.”

Reed considers the proposal a necessary response to a public nuisance where there are few easy answers, and points out the ordinance targets those who both buy and sell sex.

“I am open to input … but let’s be clear — it focuses on individuals, not just women or men, who have been prosecuted and convicted,” Reed said. “So if you have not been convicted of prostituting then you won’t be subject to this.”

A legal thicket

Atlanta is aware of the potential legal fight it could be courting. Turner, city attorneys and others are discussing ways to improve the law, including making sure it can survive a court challenge.

According to the current draft of the legislation, any person – a buyer or seller – convicted of prostitution-related charges would be banned from “areas of known prostitution.” The city would determine the areas of known prostitution annually based on the previous year’s crime statistics.

Some legal scholars argue against such laws giving police the power to make arrests because someone is suspected of being involved in a crime just because they are in an area where crime is prevalent. They say it could violate the 4th Amendment which protects against unreasonable search and seizure without probable cause.

For that reason, state and federal courts throughout the country have struck down similar laws that would create prostitution, drug or gang-free zones. The legal precedent most cited in these cases is the Supreme Court’s rebuke of a 1999 gang-loitering statute in Chicago. Similar cases include a 2006 prostitution loitering ordinance struck down in Nevada and a 2000 case where a Clarke County judge in Athens struck down a loitering ordinance aimed at drug activity, calling it constitutionally vague.

Reed said Atlanta’s proposal — similar to a law in Seattle — is more nuanced. And like the Seattle law he thinks it will survive legal scrutiny. Simply standing in a prostitution zone won’t likely lead to the initial arrest. But if a convicted prostitute or buyer is flagging down cars or striking up conversations with passersby, then they could be subject to arrest and banishment.

” We’re not trying to put people in jail,” Reed said. “We simply ask that they not come back to where they were caught or convicted.”

The Georgia chapter of The American Civil Liberties Union, which has fought similar laws in other states, favors decriminalizing prostitution. If the proposed law passes, it will consider challenging it.

“I don’t see how this helps,” said Chad Brock, staff attorney for ACLU Georgia. “The ACLU’s position is that the city should focus on trafficking and the exploitation of children.”

Living around the sex trade

Miller, the pharmacy owner, thinks the police are doing a good job trying to beat back open-air prostitution. But he thinks they need more weapons.

“They are arrested and three days later, that same person is back here doing the same thing,” he said.

Those prostitutes, some victims of child sex trafficking, need help not jail, Davis argues.

“We are talking about transgender youth. Poor kids, who are having survival sex and have nowhere else to be,” Davis said.

Reed said Atlanta had made major strides in dealing with prostitution and child sex trafficking. The city has set up a sex trafficking crimes unit, converted fire stations to safe places for abused children and partnered with the Georgia Bureau of Investigation, he said.

“This issue needs to be dealt with and I care deeply about it,” Reed said.

Atlanta looks to banish prostitutes from city

February 12, 2013

Atlanta looks to banish prostitutes from city

By Craig Bell
CBS Atlanta

ATLANTA (CBS ATLANTA) -

The Atlanta City Council Public Safety committee took another look at a proposal to banish prostitutes from the city.
At this time, the ordinance states that prostitutes convicted of soliciting sex in specified parts of the town could face jail time, fines or even banishment from city limits.
Several community groups including the ACLU expressed concern that the proposal further victimizes sex workers, who they claim are often forced into prostitution

Groups want the council to take banishment off the table, and stop its attempt to regulate what the ACLU sees as consensual sex between adults.
"It should instead focus its efforts on human sex trafficking, the sexual exploitation of minors, both of which are rampant problems in this city," ACLU attorney Chad Brock said.
Midtown neighbor Steve Gower sat and listened as these groups advocated for sex workers, but Gower supports the proposal.
"If we can get street prostitution out of midtown it would go a long way to addressing other issues," Gower said.
At this point no decision has been reached on how the city will move forward.

To view the video click here.

Prisoner Of Profit: Immigrants and Detention in Georgia

February 12, 2013

Prisoner Of Profit: Immigrants and Detention in Georgia

November 1, 2012 at Emory Law School

The U.S. spends billions of dollars each year to detain hundreds of thousands of immigrants, few of whom have criminal convictions. A handful of private, for-profit prison companies operate nearly half the beds in this broken system, reaping millions in profits from government contracts that pay about $166 a person each day. Join us for a conversation about immigrant detention in Georgia, home to the biggest private detention center in the U.S. Panelists include:

• Polly Price, Professor of Law, Emory Law School
• Azadeh Shahshahani, director, National Security/Immigrants' Rights Project, ACLU of Georgia
• Amna Shirazi, Attorney, Shirazi Law Group
• Dulce Guerrero, DREAM ACTivist Georgia, National Immigrant Youth Alliance
• Jose Hernandez, formerly detained in Irwin County Detention Center and Stewart Detention Center

Watch the video here.

State Court Temporarily Halts Georgia Abortion Ban

December 26, 2012

State Court Temporarily Halts Georgia Abortion Ban

The Superior Court of Fulton County last Friday temporarily suspended a Georgia law banning pre-viability abortions. The law would have criminalized virtually all abortions starting at 20 weeks of pregnancy, with only an extremely narrow exception for the woman's health.

The American Civil Liberties Union and the ACLU of Georgia challenged the law on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of this essential medical care.

“This law places women in harm’s way by depriving them of the right to make their own serious medical decisions,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project. “Politicians should not place ideology over a woman's health."

Although very few abortions occur after 20 weeks, a woman who has an abortion at this point does so for a variety of reasons, including the fact that continuing the pregnancy poses a threat to her health, that the fetus has been diagnosed with a medical condition or anomaly, or that the pregnancy has failed, and miscarriage is inevitable.

“We’re glad that this dangerous, overreaching law has been put on hold,” said Chad Brock, staff attorney with the ACLU of Georgia. “If our elected officials want to help women, they should be passing laws that increase their access to vital health services – not putting them in jeopardy by denying them critical care.”

For more information on this case, please visit: www.aclu.org/reproductive-freedom-womens-rights/lathrop-et-al-v-deal-et-al

Lathrop, et al. v. Deal, et al. - Complaint

Lathrop, et al. v. Deal, et al. - Motion for Injunctive Relief

Lathrop, et al. v. Deal, et al. - Brief in Support of Motion for Injunctive Relief

Lathrop, et al. v. Deal, et al. - Preliminarty Injunction

State Court Temporarily Halts Georgia Abortion Ban

December 26, 2012

State Court Temporarily Halts Georgia Abortion Ban

The Superior Court of Fulton County last Friday temporarily suspended a Georgia law banning pre-viability abortions. The law would have criminalized virtually all abortions starting at 20 weeks of pregnancy, with only an extremely narrow exception for the woman's health.

The American Civil Liberties Union and the ACLU of Georgia challenged the law on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of this essential medical care.

“This law places women in harm’s way by depriving them of the right to make their own serious medical decisions,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project. “Politicians should not place ideology over a woman's health."

Although very few abortions occur after 20 weeks, a woman who has an abortion at this point does so for a variety of reasons, including the fact that continuing the pregnancy poses a threat to her health, that the fetus has been diagnosed with a medical condition or anomaly, or that the pregnancy has failed, and miscarriage is inevitable.

“We’re glad that this dangerous, overreaching law has been put on hold,” said Chad Brock, staff attorney with the ACLU of Georgia. “If our elected officials want to help women, they should be passing laws that increase their access to vital health services – not putting them in jeopardy by denying them critical care.”

For more information on this case, please visit: www.aclu.org/reproductive-freedom-womens-rights/lathrop-et-al-v-deal-et-al

Legal Docs
Lathrop, et al. v. Deal, et al. - Complaint

Lathrop, et al. v. Deal, et al. - Motion for Injunctive Relief

Lathrop, et al. v. Deal, et al. - Brief for Support of Motion for Injunctive Relief

Lathrip, et al. v. Deal, et al. - Preliminary Injunction

ACLU Files Lawsuit Challenging Georgia Abortion Ban

December 04, 2012

ACLU Files Lawsuit Challenging Georgia Abortion Ban

The American Civil Liberties Union and the ACLU of Georgia filed a lawsuit today challenging a Georgia law banning pre-viability abortions. The lawsuit was filed on behalf of three Georgia obstetrician-gynecologists whose patients include women in need of this essential medical care. The doctors are suing so that they can continue to keep their patients safe.

The law criminalizes virtually all abortions starting at 20 weeks of pregnancy, and contains only the narrowest exception for medical emergencies.

“Politicians should have no say in a woman’s most private medical decisions,” said Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project. “A woman should have the peace of mind of knowing that no matter what unanticipated problems arise during pregnancy, she’ll be able to make the best decision for herself and her family.”

The ban would force a physician caring for a woman with a high-risk pregnancy to wait for her condition to deteriorate until she was in a medical emergency before offering her abortion care to protect her health.

“Our elected officials should be more interested in passing laws that ensure women have access to necessary medical services, not blocking access to them,” said Chad Brock, staff attorney with the ACLU of Georgia. “This law places a woman in danger by limiting her ability to receive urgent care.”

Although very few abortions occur after 20 weeks, a woman who has an abortion at this point does so for a variety of reasons, including the fact that continuing the pregnancy poses a threat to her health, that the fetus has been diagnosed with a medical condition or anomaly, or that the pregnancy has failed, and miscarriage is inevitable.

The full complaint can be seen here.

Plaintiff's Motion for Interlocutory Injunctive Relief can be seen here.

Memorandum of Law in Support of Plaintiff's Motion for Interlocutory Injunctive Relief can be seen here.

Entrevista con Azadeh Shahshahani sobre el trabajo de la ACLU de Georgia

November 21, 2012

Voces de los estados: entrevistas sobre el trabajo de las filiales de la ACLU en defensa de los derechos de los inmigrantes

Thanks to Mi ACLU for this interview about the ACLU of Georgia's immigrants' rights work

The Reality of Life Inside Immigration Detention

November 21, 2012

Rep. Jared Polis Joins Detention Watch Network to Launch New Campaign to “Expose and Close” Widespread Abuse at Detention Centers across the Country

November 15, 2012

New Reports Shed Light on 10 of the Worst Detention Centers in the Country; National and Local Leaders Tell President Obama “Enough is Enough!”

Washington, DC–The immigration detention system in the United States has grown drastically over the last 15 years and the appalling conditions in the detention centers that house immigrants have reached a tipping point. Today, national and local leaders responded by saying, “enough is enough!”

On a press call today, Rep. Jared Polis (CO-02) and Bishop Minerva Carcaño joined national and local leaders from the Detention Watch Network to release a series of reports titled, “Expose and Close,” to reveal the widespread pattern of mistreatment at ten of the worst immigrant prisons across the country. Today, speakers called on President Obama to do what’s right and close these detention centers as well as issued a list of reforms to ensure the safety, dignity and well-being of immigrants held in detention.

According toAndrea Black,Executive Director, Detention Watch Network, “We hope that the Administration will act. ICE claims it has taken steps to reform the detention system, but the people actually in detention are suffering as much as ever. In his second term, the president has the power to bring about change that will uplift immigrants instead of lock them up.”

Among the report’s findings:

• Roberto Medina-Martinez, a 39-year-old immigrant, died at Stewart in March 2009 of a treatable heart infection. An investigation conducted following his death revealed that the nursing staff failed to refer Mr. Medina for timely medical treatment and the facility physician failed to follow internal oversight procedures.
• A man with serious emotional health problems in the Houston Processing Center in Texas was placed in solitary confinement for months at a time, a practice which the UN Special Rapporteur on Torture has deemed torture.
• At Baker, Etowah and Pinal County Detention Centers and Jails, families are only able to visit with their loved ones in detention through video monitors after having driven hundreds of miles to see them.
• At the Pinal County Jail complaints regarding sanitation include receiving food on dirty trays, worms found in food, bugs and worms found in the faucets, receiving dirty laundry, and being overcrowded with ten other men in one cell and only one toilet.

President Obama made promises to reform this inhumane system in 2009, and while there were some efforts to improve the system, the reality on the ground has not changed. Pedro Guzman, formerly detained at the Stewart Detention Center, shared his firsthand experience: “We were treated like animals-- held in pod with 64 people, no privacy, eating food that was inedible and constant yelling and disrespect from the officers. We rarely had court dates even after they were already scheduled, and they made it impossible to adjust your status in a legal and efficient way. There is absolutely no justice in the detention system.”

U.S. Rep. Jared Polis (CO-02)also joined today’s call for justice: “It needn’t take the passage of comprehensive immigration reform for us to work together to reform the immigration detention system and close the most egregious centers highlighted in these reports. Taxpayers shouldn’t be asked to continue to support this waste of money and resources.”

Conditions at 10 of the worst jails and prisons that house immigrants have gotten so bad, the only option is to begin shutting them down. Azadeh N. Shahshahani, National Security/Immigrants' Rights Project Director of the American Civil Liberties Union Foundation of Georgia and President of National Lawyers Guild, said, “The human rights abuses at the Irwin County Detention Center and the Stewart Detention Center in Georgia in many ways exemplify the problems with using remote, highly restrictive facilities to hold immigrants.

These conditions are unacceptable and not in the spirit of the Administration’s promised reforms."

“While immigrants suffer under prolonged detention at Polk County and the Houston Processing Center, private prison corporations are getting rich,” saidBob Libal, Executive Director of Grassroots Leadership. “It doesn’t have to be this way. ICE should prioritize release of immigrants in community support programs that are far more humane, less costly, and are effective at ensuring immigrants are able to appear at their hearings.”

SaidBishop Minerva G. Carcaño,Resident Bishop of the Los Angeles Area of the United Methodist Church, “The detention of hundreds of thousands of immigrants in this country for profit and political gain is a moral outrage. Detention centers are not the answer to our broken immigration policies.”

In conjunction with today’s national launch, Detention Watch Network members around the country will be releasing their local reports in a coordinated effort to call for closure of these ten jails and prisons across the nation that exemplify some of the most appalling conditions of immigrant detention. These facilities include Etowah County Detention Center (AL), Pinal County Jail (AZ), Houston Processing Center (TX), Polk County Detention Facility (TX), Stewart Detention Center (GA), Irwin County Jail (GA), Hudson County Jail (NJ), Theo Lacy Detention Center (CA), Tri-County Detention Center (IL), and Baker County Jail (FL).

RESOURCES:

• View the “Expose and Close” Reports and Executive Summary here: www.detentionwatchnetwork.org/exposeandclose
• To listen to today’s call, click here: http://detentionwatchnetwork.org/sites/detentionwatchnetwork.org/files/ExposeClose/ECTeleconference.mp3

***Georgia Detention Watch to Hold Vigil Calling for Shutting Down of Stewart ***

November 14, 2012

***PRESS CONFERENCE/VIGIL:***

***Georgia Detention Watch to Hold Vigil Calling for Shutting Down of Stewart ***

***Friday, 10 am, Lumpkin Town Square***

Community Leaders Hold Vigil and Launch New Campaign to “Expose and Close” Widespread Abuse at Stewart and Irwin Detention Centers

New Report Calls Stewart and Irwin two of the 10 Worst Detention Centers in the Country and Demands President Obama Restore Basic Dignity

Atlanta, Georgia–The immigration detention system in the United States has grown drastically over the last 15 years and the appalling conditions in the detention centers that house immigrants have reached a tipping point.

President Obama made promises to reform this inhumane system in 2009, but the reality on the ground has not changed. Now, conditions at the jails and prisons that house immigrants have gotten so bad, the only option is to begin shutting them down.

On Friday, November 16^th, as part of a nationwide campaign launch, community leaders and advocates will hold their sixth vigil at the Stewart Detention Center and release a report designating it and the Irwin County Detention Center as two of the ten worst in the country. Leaders will call on President Obama to close the prison-like facilities in Stewart and Irwin counties, and issue a list of reforms to ensure the safety, dignity, and well-being of immigrants held in detention.

The report will follow the May 2012 ACLU of Georgia report “Prisoners of Profit: Immigrants and Detention in Georgia” which detailed abuses at the two facilities and called for their closure.

This action is part of a series of reports and coordinated effort to highlight ten detention centers across the nation that exemplify the appalling conditions of immigrant detention, including Etowah County Detention Center (AL), Pinal County Jail (AZ), Houston Processing Center (TX), Polk County Detention Facility (TX), Stewart Detention Center (GA), Irwin County Jail (GA), Hudson County Jail (NJ), Theo Lacy Detention Center (CA), Tri-County Detention Center (IL), and Baker County Jail (FL).

WHAT:Vigil and march to “Expose and Close” Stewart and Irwin Detention Centers

WHEN:Friday, November 16, 2012 at 10 a.m.

WHO:Anton Flores-Maisonet,Alterna

Azadeh Shahshahani, ACLU of Georgia

Chad Hyatt, musician and pastor at Mercy Community Church (Atlanta)

Fr. Ishmael Morenofrom Honduras

Jason Chin, musician

Sister JoAnn Persch, Sisters of Mercy (Chicago)

Laria Marie Vides, wife of detainee

Mary Strauss, wife of detainee

Pedro Guzman, formerly detained at Stewart Detention Center

The States,musical group

Terence Courtney,Black Alliance for Just Immigration

This vigil will be organized by Georgia Detention Watch in collaboration with SOA Watch, ACLU of Georgia, Alterna, Black Alliance for Just Immigration, Footprints for Peace, Grassroots Leadership, International Action Center of Atlanta, National Lawyer Guild Georgia Chapter, Nipponzan Myohoji Atlanta Dojo and the Southern Anti-Racist Network,.

WHERE:The vigil begins at the Lumpkin, GA town square located at the intersection of Main Street and Martin Luther King, Jr. Drive. The march will end two miles away at the Stewart Detention Center on CCA Road, also in Lumpkin.

###

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

October 24, 2012

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

###

Feds Pay Thousands For Wrongful Deportation

October 23, 2012

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

October 23, 2012

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

What: Press Conference to Announce FOIA Lawsuit Against Department of Homeland Security and Immigration and Customs Enforcement

When: 11:00am, Wednesday, October 24th, 2012.

Where: US District Court, Northern District of Georgia.
75 Spring Street Southwest, Atlanta, GA 30303

Who: Georgia Latino Alliance for Human Rights (GLAHR) and the ACLU of Georgia

The lawsuit to be filed tomorrow by GLAHR and the ACLU of Georgia, 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. 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.

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.

The two plaintiffs will hold a press conference to announce their suit at US District Court, Northern District of Georgia. 75 Spring Street Southwest, Atlanta, GA 30303 at 11:00am on Wednesday the 24th.

###

U.S. citizen Wrongfully Deported to Mexico, settles his case against the federal government

October 05, 2012

U.S. citizen Wrongfully Deported to Mexico, settles his case against the federal government

By Esha Bhandari, ACLU Immigrants' Rights Project

Mark Lyttle, an American citizen with mental disabilities who was wrongfully detained and deported to Mexico and forced to live on the streets and in prisons for months, settled his case against the federal government this week.

Lyttle will receive $175,000 for the suffering he endured after being detained by Immigration and Customs Enforcement (ICE), who deported him despite ample evidence that he was a U.S. citizen. The settlement comes after a federal district court in Georgia ruled in Lyttle’s favor in March, holding that the bulk of his claims against the federal defendants should not be dismissed.

“What happened to Mark Lyttle is outrageous and unconstitutional,” said Judy Rabinovitz, deputy director of the ACLU Immigrants’ Rights Project, which has been representing Lyttle along with ACLU affiliates and a partner firm. “People with mental disabilities are entitled to due process in immigration court, and it is fundamentally unfair, as well as inhumane, to force them to endure such proceedings alone, without the assistance of a lawyer.”

Lyttle’s case is unfortunately not unique, but demonstrates the systemic failures of ICE and the federal government to protect the rights of individuals with mental disabilities. The current lack of procedural safeguards—including no right to appointed counsel—means that even U.S. citizens can end up in immigration detention and be deported. It is a growing problem as more people are being swept up under the nation’s unreasonable detention and deportation practices.

Lyttle, who was born in North Carolina and suffers from bipolar disorder and cognitive disabilities, was inexplicably referred to ICE in 2008 as an undocumented immigrant from Mexico even though he had never been to Mexico, shared no Mexican heritage, and spoke no Spanish. ICE detained him for 51 days, despite substantial evidence that he is a U.S. citizen. Nevertheless, ICE officials coerced Lyttle into signing a statement that he was from Mexico, and then put him in removal proceedings, where he was forced to defend himself without ever having the assistance of a lawyer.

Lyttle was ordered to be removed from the country in December 2008, transported to the Mexican border, and forced to disembark there and travel through Mexico on foot, with only $3 in his pocket. He spent the next 125 days wandering through Mexico, Honduras, and Nicaragua, sleeping in streets and shelters and enduring abuse and imprisonment because he had no identity documents or proof of citizenship.

It was only after Lyttle came across a sympathetic U.S. embassy official in Guatemala that he was able to secure a passport and return to the United States in April 2009. Even then, ICE officials at the Atlanta airport detained him for six days and attempted to remove him again. Only after the assistance of his family and a lawyer was Lyttle released and the case against him terminated.

Lyttle’s ordeal should never have happened. State and federal officials knew of his history of repeated hospitalizations for mental disabilities, and yet no one took any steps to provide him with a lawyer or other safeguards to protect his rights.

Yet he is not the only example of such unconstitutional treatment at the hands of ICE officials. In addition to representing Lyttle, the ACLU has been involved in a class action lawsuit in California, which aims to secure due process protections for all individuals with mental disabilities caught in the sweep of immigration detention and enforcement, so that what happened to Mark Lyttle never happens again.

ACLU of Georgia Releases Know Your Rights Documents for Right to Language Interpreters in Georgia Courts

October 01, 2012

The ACLU of Georgia has released information sheets in English and Spanish for right to access to language interpreters for individuals with limited proficiency in English. The documents can be accessed here and here.

The ACLU of Georgia's Annual Meeting

September 24, 2012

Save the Date!

Saturday, November 10, 2012The ACLU of Georgia's Annual Meeting

State Bar of Georgia Headquarters
Conference Center
104 Marietta Street, NW, Suite 100
Atlanta, GA 30303

9AM-1PM

Join us to meet newly elected members of the Board of Directors
and updates on our current civil liberties issues including:

• Immigrants' Rights
• Student & Youth Rights
• Social Media, Privacy & Technology

ACLU of Georgia Joins Georgia Organizations in Calling for an End to 287(g)

September 21, 2012

ACLU of Georgia Joins in Calling for an End to 287(g)

25 Georgia organizations have sent a letter to the Department of Homeland Security Secretary Janet Napolitano, urging an end to 287(g) Agreements. DHS is reviewing agreements for possible renewal and expected to make decisions by the end of September.

According to the letter: “287(g) agreements have led to racial profiling and due process violations, eroded trust between police and the community, and undermined public safety.”

The letter reminded the DHS Secretary that acting to end 287(g) now is even more crucial in light of the 11th Circuit decision which for now let stand the “show me your papers” provision of HB 87, the Georgia racial profiling law.

For more information on the impact of 287(g) on communities in Cobb and Gwinnett, please see the ACLU of Georgia reports here and here.

ACLU Foundation of Georgia Challenges Viewpoint Discrimination in Klan Suit

September 13, 2012

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

Privacy of Students Targeted for Military Recruitment

September 11, 2012

With the start of the school year, the ACLU Foundation of Georgia has sent a letter to Georgia’s State School Superintendent, Dr. Barge, asking for protection of privacy rights of Georgia’s high school students who take the Armed Services Vocational Aptitude Battery (“ASVAB”) test. The ASVAB test is the military's entrance exam, given to recruits to determine their aptitude for military occupations. Even without a student’s or parent’s consent, the ASVAB test may be used to send highly sensitive information about a student to the military for purposes of recruitment. After the administration of the ASVAB test, military representatives may directly communicate with youth to suggest military career paths, based on the individualized profiles ascertained from their test data.

According to records obtained by the National Coalition to Protect Student Privacy, Georgia schools have one of the worst records nationally in protecting the privacy of students taking the ASVAB test. In its letter, the ACLU of Georgia asks that a state-wide policy that requires schools to protect such information be adopted in Georgia

Read the Letter Here

Show Me Your Papers - Or Else Blog by Staff Member Azadeh Shahshahani

August 30, 2012

AJC Blog
8/30/2012
Azadeh Shahshahani

By blocking Georgia’s attempts to criminalize acts of hospitality, faith, and conscience, the 11th U.S. Circuit Court of Appeals delivered a decision that affects the daily lives of many people in Georgia.

One of these is Everitt Howe, a retired U.S. Air Force lieutenant colonel, a caseworker for his church’s community service program. Howe regularly accompanies and drives families and individuals, including those who are undocumented, to hospital visits or other appointments. He fears that could be found criminally liable. Because of people like Howe, we are pleased the court blocked this fundamentally un-American provision.

The ruling was issued pursuant to a lawsuit brought by the ACLU and other organizations charging that the extreme law endangers public safety, invites racial profiling of people of color and others who look or sound “foreign,” and interferes with federal law. The court’s ruling made it clear that the state cannot put into effect policies that could interfere with the federal government’s regulation of immigration. The court struck down the provision criminalizing daily interactions with undocumented individuals, which would have made people vulnerable to arrest and detention for acts of kindness.

Another part of the law before the court was the “show-me-your-papers” provision. The court reiterated there are limits on such laws under the Supreme Court’s decision in the Arizona case. It left the door open to future challenges.

HB 87 promotes racial profiling by giving police officers discretion to determine what information is “sufficient” to prove a person’s identity and choose who to subject to an investigation. This will lead to the profiling of anyone who looks or sounds “foreign.” The statute undermines fundamental American values of fairness and equal protection.

Law enforcement leaders and police chiefs around the country have cautioned against putting local police in the position of enforcing federal immigration laws for fear it will alienate the communities endanger the public. Many immigrants will not come forward with crime information for fear they will be detained and investigated. As ACLU of Georgia investigations show, immigrant communities in Cobb and Gwinnett already fear the police. They are reluctant to report crime because of these counties’ involvement in immigration enforcement. This has led to an atmosphere of terror and isolation for immigrants and less-safe communities.

Take the 2009 case of a woman who called 911 to stop her partner from assaulting her. Cobb County officers relied on the abuser’s account of what happened, as she spoke little English. Her abuser’s side of the story was far from honest. She was separated from her infant daughter, spent five days in jail and was placed in deportation.

The ACLU and our partner organizations will forge ahead until unconstitutional provisions of HB 87 are struck down – or until this racial profiling law is repealed in its entirety.

ACLU has created “Know Your Rights” video clips in English and Spanish:

August 21, 2012

Audio/Video Gallery In response to the Supreme Court and Court of Appeals decisions on the Arizona and Georgia anti-immigrant laws, the ACLU has put out “Know Your Rights” video clips in English and Spanish.

http://www.youtube.com/watch?v=H6zKYeY725s

http://www.youtube.com/watch?v=5E5uJx-Vfns

Please share with other community members. The ACLU of Georgia will also continue to monitor and document cases of racial profiling around the state. If you have faced racial profiling, please contact us at info@acluga.org

ACLU of Georgia’s Azadeh Shahshahani writes about the unchecked powers granted to the Immigration Enforcement Review Board and their latest investigation targeting the City of Vidalia.

August 13, 2012

Jurist, Friday, August 10, 2012

Unchecked Power Granted by House Bill 87

JURIST Guest Columnist Azadeh Shahshahani National Security/Immigrant Rights' Project Director of the American Civil Liberties Union of Georgia says that the unchecked power of the Immigration Enforcement Review Board set up by House Bill 87 is cause for great concern ...

Last week, the American Civil Liberties Union Foundation of Georgia (ACLUGA) was joined by more than a dozen organizations in issuing a letter [PDF] to Immigration Enforcement Review Board (the Board) Chairman Benjamin J. Vinson, laying out concerns with how the Board may apply the powers granted to it in the case of Michael Dale Smith v. City of Vidalia.
The Board was set up by the Illegal Immigration Reform and Enforcement Act, commonly known as House Bill 87(HB 87), to investigate complaints against public agencies or employees pertaining to violations of or failure to "properly enforce" provisions of HB 87 among other Georgia laws and to impose penalties, including $1,000-$5,000 fines and loss of state funding.

There are serious concerns about the extent of the powers granted to the Board. For one thing, there is no clear and objective standard for the issuance of subpoenas within the Board's rules, or any clear processes for appealing the issuance of a subpoena or obtaining a remedy for an inappropriately issued subpoena. The ability of the Board — a non-judicial, non-elected body — to compel attendance and testimony based solely on the request of a private citizen under the unclear standard of "good cause shown" allows for personal agendas to result in subpoenas.

The Board's rules [PDF] also set it apart from the time-tested system of governmental checks and balances. There is no mechanism for reviewing the Board's final determinations to strip funding from public entities or levy fines against individuals and employers. This potential application of the Board's unchecked power is particularly concerning in the instant case.

On June 29, 2012, the Board conducted a meeting in part to discuss a complaint Smith reportedly filed with the Board on March 5, 2012, alleging that Vidalia was a "sanctuary city." Smith requested that the Board review and enforce the anti-sanctuary law enacted in 2009 against Vidalia's alleged "catch-and-release" immigration policies. Smith has alleged that businesses in Vidalia are acting in conjunction with the city to provide sanctuary to the undocumented immigrant workforce. He has alleged that catch-and-release incidents have occurred from 2006 until the present and he specifically mentioned the private company Lark Industries as an alleged offender. Counsel for the city of Vidalia has reportedly responded to a letter from the Board denying it is a sanctuary city and stating that it has never adopted or enforced any sanctuary policies.

Despite concerns expressed by members of the Board, it unanimously voted to create the Vidalia review panel to complete a preliminary investigation.

As the ACLUGA emphasized in our letter, despite Smith's allegations concerning Lark Industries and other businesses within the city of Vidalia, any investigation this review panel conducts must be restricted to public entities. The ACLUGA also requested an explanation as to what authority the review panel possesses to investigate alleged violations of Georgia immigration laws that are said to have occurred before the creation of the Board. Additionally, we have also sought clarification regarding what authority the Board possesses to potentially issue sanctions for violations that are found to have occurred prior to the Board's creation.

The ACLUGA also questioned why a review panel was created to investigate Smith's accusations against Vidalia in the first place when Board members have described his complaint as "vague" and lacking in important specific details such as names, dates and locations. We asked for clarification as to how Smith's complaint actually met the prima facie standard that the Board's rules require before a complaint may be considered by the Board.

Following Vidalia's denial as to the existence of city sanctuary policies, Vinson again contacted Smith and asked him to produce any other documentation of a sanctuary policy. Smith's reply, in Vinson's words, was to "essentially [ask] us to investigate and find it." Smith is in effect requesting that the Board procure the evidence that would prove his accusations correct.

If Smith's nameless, dateless and location-free complaint is considered by the Board to have constituted the "sufficient facts" necessary to establish a prima facie threshold, then the said standard of consideration leaves the Board's complaint process ripe for abuse and misuse by any persons who desire to accuse public agencies and employees as they please without fulfilling any burden of proof. To attain the attention and public-funded resources of a body such as the Board, a complainant must do more than merely accuse without greater specificity.

It is of great concern that, following the Smith decision, the Board has authorized its complaint process to amount to what is essentially a fishing expedition. It must immediately stop spending public resources on this unnecessary and wasteful venture. The governor and the legislature must also establish checks and balances for this body — otherwise we are likely to see abuses of power committed at public's expense.

Azadeh Shahshahani focuses her work on Georgia's compliance with international human rights and constitutional standards. Recently, she was elected President of the National Lawyers Guild and is one of the Founders of Human Rights Atlanta.

http://jurist.org/hotline/2012/08/azadeh-shahshahani-hb87-immigration.php

ALCU Foundation of Georgia Seeks Details on Automatic License Plate Readers from Georgia Agencies as Part of Massive Nationwide Request

July 30, 2012

The ACLU Foundation of Georgia joined more than 36 ACLU affiliates today in sending open records requests to local law enforcement agencies on how they use automatic license plate readers (ALPR) to track and record Americans’ movements in 38 states.

The ACLU Foundation of Georgia also sent Open Records Requests to the Georgia Emergency Management Agency/Homeland Security (GEMA) to learn how the federal government funds and uses ALPR technology.

ALPRs are cameras mounted on patrol cars or on stationary objects along roads – such as telephone poles or the underside of bridges –that snap a photograph of every license plate that enters their fields of view. Typically, each photo is time, date, and GPS-stamped, stored, and sent to a database, which provides an alert to a patrol officer whenever a match or “hit” appears.

ALPRs are spreading rapidly around the country, but the public has little information about how they are used to track motorists’ movements, including how long data collected by ALPRs is stored, and whether local police departments pool this information in state, regional or national databases. If ALPRs are being used as a tool for mass routine location tracking and surveillance and to collect and store information not just on people suspected of crimes, but on every single motorist, the American people should know that so that they can voice their concerns. People have a right to know whether our police departments are using these ALPRs in a limited and responsible manner, or whether they are keeping records of our movements for months or years for no good reason. ALPRs have already proven controversial. Just last month the Drug Enforcement Administration withdrew its request to install ALPRs along certain portions of Interstate 15 in Utah after they were met with resistance by local lawmakers.

Serious privacy concerns arise when tracking and recording people’s movements. Where we go can reveal a great deal about us, including visits to doctor’s offices, political meetings, and friends. We need legal protections to limit the collection, retention and sharing of our travel information. The information request issued today is a first step.

More information about the requests is available at: aclu.org/plates

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

July 24, 2012

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

Civil Liberties And Community-Based Organizations Renew Their Calls on ICE to End 287(g) in Georgia

July 17, 2012

Groups submitted specific cases to ICE in late May pertaining to the four counties

ATLANTA – Georgia civil liberties and community-based organizations today joined organizations from around the country to renew their calls on Immigration and Customs Enforcement (ICE) to end 287(g) in Georgia. In late May, the ACLU Foundation of Georgia, the Georgia Latino Alliance for Human Rights (GLAHR), Coalicion de Lideres Latinos (CLILA), and Georgia Detention Watch submitted specific cases to ICE in each of the four counties currently with a 287(g) Agreement illustrating the harmful impact of the program.

“As the ACLU of Georgia’s reports on Cobb and Gwinnett and further documentation have illustrated, 287(g) has torn families apart and led to terror and isolation in Georgia communities,” said Azadeh Shahshahani, National Security/Immigrants’ Rights Project Director with the ACLU Foundation of Georgia. “It is time for ICE to end this racial profiling program in Georgia.”

The ACLU of Georgia also has a complaint pending with the Department of Justice (DOJ) Civil Rights Division and the Department of Homeland Security Office of Civil Rights and Civil Liberties (DHS CRCL) asking the agencies to initiate an investigation into racial profiling and discriminatory policing practices in Cobb and Gwinnett.

“Despite the ‘intended’ purpose of the 287(g) program to make our communities safer, in practice, it has done the opposite,” said Adelina Nicholls, Executive Director of GLAHR. “By essentially condoning racial profiling against immigrants, 287(g) has had devastating consequences: Many immigrants in Georgia are now fearful of driving, even between work, home, and church, and afraid of reaching out to law enforcement for help. Entire areas have been deserted following intense enforcement, devastating local businesses.”

The organizations also signed onto a July 16 national letter calling on the Obama Administration to end immigration partnerships with local police in Arizona and states with laws similar to Arizona’s SB1070, including Georgia.

“The human cost of implementing this program is high, since this initiative has caused widespread fear among citizens, legal residents, and undocumented immigrants alike. Business owners, educators, and religious leaders are all concerned about the impact,” said America Gruner, President of CLILA. “Most people who have been detained in Whitfield County are workers, moms taking their children to school, and students going to classes. 287(g) is unjust, unnecessary, and inhumane. It has to go.”

The groups’ May 31 submission to ICE

The ACLU of Georgia’s August 2010 complaint to the DOJ Civil Rights Division and DHS CRCL

The ACLU of Georgia’s report on implementation of 287(g) in Cobb: “Terror and Isolation in Cobb: How Unchecked Police Power under 287(g) Has Torn Families Apart and Threatened Public Safety"

The ACLU of Georgia’s report on implementation of 287(g) in Gwinnett: “The Persistence of Racial Profiling in Gwinnett, Time for Accountability, Transparency, and an End to 287(g),” can be viewed here:

The national letter which the Georgia groups signed onto can be viewed here: http://www.rightsworkinggroup.org/sites/default/files/SB1070Letter.pdf

ACLU of Georgia Discusses Recent Decision to Represent KKK

July 12, 2012

Executive Director Debbie Seagraves and Legal Director Chara Fisher Jackson of the ACLU Georgia sat down with The Mo Ivory Show to discuss our organzation's purpose and why we recently decided to represent the KKK’s denied request to adopt a strip of highway in north Georgia.

Listen to the interview here ››

Immigration Detention Conditions Run Afoul of Human Rights Standards

July 03, 2012

In late June, the ACLU delivered a statement to the UN Human Rights Council in Geneva in response to the United Nations Special Rapporteur's report on detention of migrants. The report sets out the international and regional human rights legal framework applicable to the detention of migrants, including in regards to vulnerable groups with special protection needs, and discusses alternatives to detention. While the report does not discuss country-specific immigration detention policies and practices, it offers useful recommendations and urges governments to adopt a human rights-based approach.

The ACLU stated in its remarks before the Human Rights Council that,

The U.S. immigration detention system locks up tens of thousands of immigrants unnecessarily every year, exposing detainees -- including vulnerable populations such as persons with mental disabilities, asylum-seekers, women, children and lesbian, gay, bisexual and transgender individuals -- to brutal and inhumane conditions of confinement at massive costs to American taxpayers... This system of mass detention persists despite the fact that the U.S. Department of Homeland Security (DHS) acknowledges that most immigration detainees 'have a low propensity for violence.'

The ACLU statement also highlighted the May 2012 ACLU of Georgia report titled "Prisoners of Profit: Immigrants and Detention in Georgia." The report covers the four immigration detention centers in Georgia including the largest immigration detention facility in the United States, the Stewart Detention Center. Three of the four facilities are operated by corporations, including Corrections Corporation of America (CCA), the largest owner and operator of privatized correctional and detention facilities in the U.S.

Read the full opinion piece at the Huffington Post »

ACLU of Georgia Sends Letter to Apple

June 25, 2012

The ACLU Foundation of Georgia, in conjunction with other civil liberties and community organizations, recently sent a letter to Apple regarding allegations that customers have twice been denied the right to purchase merchandise in their stores in suburban Atlanta on the basis of race. In both cases, the customers denied merchandise were of Iranian descent.

• Letter to Apple (413 KB pdf)

ACLU of Georgia Holds Girl Scout Event

June 15, 2012

The Georgia Association of Women Lawyers invited a panel of ACLU law clerks to present at the Girl Scout “Law and Order Day.” The panel discussed legal issues concerning privacy and technology in school including e-mail, text messaging, and social media. The consequences of teen sexing, such as criminal prosecution for child pornography, were also explained. After answering the Girls Scouts questions about each issue, the law clerks distributed a pamphlet summarizing the presentation.

The 'sunk costs' of a profit-driven prison system

May 29, 2012

By Azadeh Shahshahani

Atlanta, GA - Over the past decade, there has been an alarming increase in the use of immigration detention in the United States. From 2001 to 2010, the number of immigrants held in immigration detention each year nearly doubled from 209,000 per year to over 363,000.

The increasing use of immigration detention is an unnecessary drain on government resources and taxpayer dollars. In 2012, the Department of Homeland Security (DHS) maintained a record-high daily detention capacity of 34,000 beds, costing taxpayers $2bn. As of November 2011, the US government spent approximately $166 per day to hold one immigrant in detention. This is 18 times greater than the $8.88 per day it costs for more efficient, highly effective, and humane alternatives to detention.

The for-profit prison industry is the main beneficiary of the ever-expanding, unregulated immigration system in the US. Since 2001, private corporations have gained increasing control over immigration detention facilities in the US and continue to bring in record profits.

Read the full opinion piece at Al Jazeera - English...

ACLU-GA Releases Report on Immigration Detention

May 16, 2012

Findings raise serious concerns about violations of detainees’ human and constitutional rights

ATLANTA – The American Civil Liberties Union Foundation of Georgia today released a comprehensive report on conditions of detention for immigrants in Georgia titled: “Prisoners of Profit: Immigrants and Detention in Georgia.” The report covers the four immigration detention facilities in Georgia, which include the largest immigration detention center in the country, the Stewart Detention Center, as well as the North Georgia Detention Center, Irwin County Detention Center, and Atlanta City Detention Center. Three of the facilities are operated by corporations.

For purposes of this documentation project, the ACLU of Georgia interviewed 68 individuals who were detained in Georgia immigration detention facilities, as well as detainees’ family members and immigration attorneys. The ACLU of Georgia also toured detention centers in Georgia and reviewed documents obtained from Immigration and Customs Enforcement (ICE) and other governmental agencies.

ACLU-GA Releases Frequently Asked Questions About HB 87

May 01, 2012

As the first year anniversary of the signing into law of Georgia’s House Bill 87 approaches, the ACLU Foundation of Georgia today released an updated version of Frequently Asked Questions about the Georgia Racial Profiling Law. The pamphlet includes information about the various sections of law and their implementation, the legal challenge, where the law now stands, as well as the negative impact of the law on Georgia’s economy and reputation. Download the pamphlet for more information.

Georgia Agrees to Comply with "Motor Voter Act," in Settlement of ACLU Suit

April 19, 2012

Suit Eases Path for Public Assistance Recipients to Register to Vote

For Immediate Release
April 19, 2012

ATLANTA – Georgia has agreed to make it easier for people who receive food stamps, Medicaid and other public assistance to register to vote, in a settlement of a lawsuit brought by the American Civil Liberties Union and other groups.

“This is what government in a democracy should be doing,” said Laughlin McDonald, director of the ACLU Voting Rights Project, “making sure that as many eligible people as possible have the ability to participate. We’ve seen far too many attempts to keep people away from the ballot box this year. With this settlement, at least, Georgia is moving in the right direction.”

The suit charged Georgia was violating the National Voter Registration Act, popularly known as the “motor voter act.” A provision of the law requires states to offer opportunities to register to vote at all offices that offer public assistance.

Under the agreement, Georgia will allow residents to register whenever they apply for, renew or change an address for an assistance program, regardless of whether they come to an office or contact an office over the phone, by mail, or over the Internet.

According to the lawsuit, voter registrations through assistance agencies in Georgia had dropped off drastically since the motor voter law went into effect in 1995. In the first year of the new law, over 100,000 people applied to register through assistance agencies. By 2009, only 4,430 did, even though 70,000 Georgians a month were applying for food stamps alone.

The coalition that brought the suit also included the Georgia State Conference of the NAACP, Demos, Lawyers’ Committee for Civil Rights Under Law, Project Vote, the Coalition for the Peoples’ Agenda and the law firm Dechert LLP.

Download the settlement.