Racial Profiling: The Devil is in the Details…or the Footnotes.

Arizona Activists Hold Vigil To Protest New Immigration Law At White House

On December 8, 2014, the Department of Justice released its revised “Guidance on the Use of Race” by law enforcement officials.  Just in time for Human Rights Day (and you thought the feds only cared about the Constitution).

The revised guidance expanded the classes protected from discriminatory policing from just race and ethnicity to include gender, sexual orientation, gender identity, national origin and religion. It not only covers federal law enforcement officers performing federal law enforcement activities, including those related to national security and intelligence, but also local and state law enforcement officers  who are participating in federal law enforcement task forces.  While not providing a private right of action, it does require each agency to collect data on complaints made under the guidelines. SEE THE REST OF THIS POST

7 Ways for Obama to REALLY Earn that Nobel Peace Prize

president obama

Photo: Tim Sloan/AFP/Getty Images

At the local level, Americans are demonstrating a strong commitment to advancing human rights. In recent elections, voters legalized marriage equality in nine states and passed the DREAM Act to expand educational opportunities for undocumented residents in Maryland. In addition, legislators in four states abolished the death penalty. The message to the nation’s leaders seems to be this: human rights still matter, and the task of “perfecting our union” remains incomplete.

As President Obama prepares to give his second inaugural address, he should embrace an ambitious rights agenda: enhancing our security without trampling on human rights; implementing a foreign policy that hold friends and foes alike accountable for human rights violations; and ensuring human rights for all in the United States without discrimination.

INCOMPLETE

Measured against international norms and his own aspirations, President Obama’s first term record on human rights merits an “incomplete.” While he made the bold move of issuing an executive order to close Guantánamo on his second day in office, he has yet to fulfill that promise. The U.S. government’s reliance on lethal drone strikes is growing steadily, but the administration has provided no clear legal justification for the program. Congress has abrogated its responsibility to exercise meaningful oversight of this most ubiquitous element of the “global war on terror,” a paradigm which is in and of itself problematic. Although President Obama has on occasion stood up for human rights defenders abroad — in China, Iran, Russia and Libya — his administration has often muted criticism when it comes to U.S. allies, in the Middle East, Africa and Europe.

SEE THE REST OF THIS POST

Immigrants Are Welcome Here, Arizona Copycat Bills are Not!

By Lisa Adler, Field Organizer for Amnesty International USA

[UPDATE: Pick up the phone and call GA House Speaker David Ralston (404) 656-5020 and your GA Representatives now. When you reach the office, please be sure to make a statement along these lines:  "Vote 'no' on the Arizona Copycat HB 87 bill and all other anti-immigrant legislation. Any legislation that leads to racial profiling or pushes immigrant workers out of Georgia harms our state economically and morally."]

As they promised, Georgia state Republicans have introduced Arizona SB 1070 copy cat bills, HB 87 in the House and SB 40 in the Senate.  On Monday, February 28th, HB 87 passed out of the House Judiciary Non-Civil Committee, which means a vote on the House Floor is imminent. We need your help in defeating this blatantly discriminatory bill.

If enacted, HB 87 would empower police officers to ask any individual to prove his/her lawful immigration status or citizenship during the course of a stop, including routine traffic stops, jaywalking or a variety of other commonplace actions.  This bill—and its Senate companion SB 40–has no safeguards against racial profiling.  Despite the claims by the bill’s author that race cannot be used, documentation of racial profiling related to immigration and criminal stops is widely available.

Furthermore, all Georgians—including citizens–will essentially be forced to carry their legal documents for fear of being arbitrarily stopped and detained.  For example, if these bills pass, and  I walk to the store, I must now carry my US passport? Because if I am stopped and do not carry any proof of my status, I may be detained.

While police officers may give some people the benefit of the doubt, a person of color with a Central American accent is not likely to receive the same benefit, even if s/he is a US citizen.  These portions of the bills raise serious due process, racial profiling and privacy concerns.

SEE THE REST OF THIS POST

Immigrants Are Welcome Here, Arizona Copycat Bills are Not!

By Lisa Adler, Field Organizer for Amnesty International USA

[UPDATE: Pick up the phone and call GA House Speaker David Ralston (404) 656-5020 and your GA Representatives now. When you reach the office, please be sure to make a statement along these lines:  "Vote 'no' on the Arizona Copycat HB 87 bill and all other anti-immigrant legislation. Any legislation that leads to racial profiling or pushes immigrant workers out of Georgia harms our state economically and morally."]

As they promised, Georgia state Republicans have introduced Arizona SB 1070 copy cat bills, HB 87 in the House and SB 40 in the Senate.  On Monday, February 28th, HB 87 passed out of the House Judiciary Non-Civil Committee, which means a vote on the House Floor is imminent. We need your help in defeating this blatantly discriminatory bill.

If enacted, HB 87 would empower police officers to ask any individual to prove his/her lawful immigration status or citizenship during the course of a stop, including routine traffic stops, jaywalking or a variety of other commonplace actions.  This bill—and its Senate companion SB 40–has no safeguards against racial profiling.  Despite the claims by the bill’s author that race cannot be used, documentation of racial profiling related to immigration and criminal stops is widely available.

Furthermore, all Georgians—including citizens–will essentially be forced to carry their legal documents for fear of being arbitrarily stopped and detained.  For example, if these bills pass, and  I walk to the store, I must now carry my US passport? Because if I am stopped and do not carry any proof of my status, I may be detained.

While police officers may give some people the benefit of the doubt, a person of color with a Central American accent is not likely to receive the same benefit, even if s/he is a US citizen.  These portions of the bills raise serious due process, racial profiling and privacy concerns.

SEE THE REST OF THIS POST

SB1070: What Starts in Arizona, Stops in Arizona

On April 23, 2010 Governor Jan Brewer signed SB1070 – Arizona’s discriminatory and unfair bill that essentially makes racial profiling legal – into law.

At its core, SB1070 requires any person about whom the police have a “reasonable suspicion” to produce documents proving that s/he is legally in the US.  SB1070, however, does not offer a safeguard against racial profiling if  “reasonable suspicion” cannot be formed without resorting to racial profiling. The law fundamentally increases the likelihood of arbitrary arrest and requires detention once an arrest is made.

In just 2 days, on July 29, this harmful law will officially go into effect and the streets of Arizona will never be the same. Families will be torn apart and innocent people will surely be detained.

But the insanity doesn’t stop there – 9 more states want to follow suit and pass discriminatory immigration policies of their own. Alabama, Florida, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, and Virginia are all considering their own versions of Arizona-style legislation against immigrants. And other instances of anti-immigrant measures continue to pop up all across the U.S.

These proposed laws don’t just threaten human rights. They also flagrantly violate the Constitution by threatening every status of U.S. immigrant – including those who have immigrated here legally, those who are in the process of obtaining their legal status, and those who are eligible for legal status. What’s more frightening – anyone who even “looks like an immigrant”, including a U.S. citizen, can be treated as a threat.

This kind of vigilante policy making is dangerous because it completely disregards human rights, including those to freedom of movement, privacy, family unity, and equality under the law. Human rights are protected under international law regardless of a person’s citizenship status. International human rights law is rooted in the principle of non-discrimination, which this law violates; it is all too easy to deny a person’s human rights if you consider them to be as less than human.

Human rights exist regardless of nationality, ethnicity or immigration status. In passing SB1070, Arizona public officials have ignored this truth to the detriment of every individual who passes through the state.

In the next 2 days, let decision-makers know that you oppose these flawed notions about immigration control! Call on your Governor to take a stand against discriminatory immigration policies.

Human and Immigrants' Rights Movement Reacts to Arizona Defiance

Amnesty International is extremely disappointed that Arizona Governor Jan Brewer signed into law SB1070, a bill that will significantly increase the likelihood of racial profiling, arbitrary arrests, and detentions in the state. By forcing Arizona police, the vast majority of whom opposed this law, to implement it or face lawsuits is bad policy and will drastically undermine communication between communities of color and the police who are supposed to keep them safe.

As the governor said when signing the bill, national immigration legislation is desperately needed, but the absence of it does not abdicate the governor’s own responsibility to preserve, promote, and protect the human rights of every individual in Arizona, whether citizen, resident, or visitor. Human rights exist regardless of nationality, ethnicity or immigration status. In passing SB1070, Arizona public officials have ignored this truth to the detriment of every individual who passes through the state.

Tell Arizona's Governor to Veto SB1070!!!

UPDATE: Much to our dismay, Arizona Gov. Jan Brewer (R) signed the immigration bill (SB1070) on Friday. We will continue the fight for immigrant rights.

The Arizona House and Senate have passed a bill (SB1070) that would empower police officers to stop and interrogate every individual in the state regarding citizenship status and make it a crime to be an undocumented person in Arizona. If a person does not immediately present documents proving that she is legally in the US, she may be criminally prosecuted, jailed and turned over to Immigration and Customs Enforcement for deportation. The bill contains no safeguards against racial profiling and increases the likelihood of arbitrary arrest and detention. These are all human rights violations. Because SB1070 has already passed in the Arizona house, it’s next stop is the governor’s office. Tell Governor Jan Brewer to veto the bill. Join activists across the US as they visit the Governor on April 20th to express opposition to this bill.

Governor Jan Brewer’s Contact Information:
Phone number: 1-800-253-0883
Email: azgov@az.gov

The scapegoating of migrants, the deliberate fueling of fear and the nurturing of discriminatory, racist and xenophobic sentiments by some politicians and parts of the media have been accompanied by measures that have trampled on some of the most basic human rights of migrants, including the right to liberty and security of the person. Much of the public debate about migration is couched in terminology which is loaded and derogatory. People trying to enter another country are vilified as “illegal immigrants”, “gate-crashers”, and even as “invaders” seeking to breach the defenses of the US with malicious intent. The clear implication is that they are abusing the system and exploiting the generosity of states. Such descriptions create the impression not only that migrants have no right to enter, but that they have no rights at all.

The Right to be Free from Racial Profiling Discrimination

Discrimination through racial profiling is an assault on the very notion of human rights. It is all too easy to deny a person’s human rights if you consider them as less than human. This is why international human rights law is grounded in the principle of non-discrimination. The drafters of the Universal Declaration of Human Rights stated explicitly that they considered non-discrimination to be the basis of the Declaration.

Discrimination enshrined in law, for example, where the law is used to target individuals based on nationality or ethnicity, strips away human rights. Discrimination in law enforcement can mean that certain groups are viewed by the authorities as ”potential criminals” and so are more likely to be arrested and imprisoned. It can also mean that they are more likely to suffer harsher treatment once in the criminal justice system.

Arbitrary Arrest and Detention

The right to liberty and security of the person is protected in Article 9 of the International Covenant on Civil and Political Rights (ICCPR), which the US has signed and ratified. The right to a speedy trial is guaranteed under Article 9(3), which states that all detained arrestees are “entitled to trial within a reasonable time or to release” and that it “should not be the general rule that persons awaiting trial shall be detained in custody.” Article 9(4) protects detainees from unlawful detention, stating that “[a]nyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.” Improper use of detention interferes with fundamental human rights crucial to protection of the inherent dignity of migrants. Migrants have the right to liberty and to freedom from arbitrary detention (Article 9 of the ICCPR; Articles 3 and 9 of the UDHR, Article 16 of the Migrant Workers’ Convention). This means that detention should be subject to constraints, including the requirement that the detention is in accordance with the law, justified in the individual case as a necessary and proportionate measure and subject to judicial review. The UN Working Group on Arbitrary Detention (WGAD) has adopted Deliberation No. 5 concerning the situation of immigrants and asylum-seekers. This sets out principles concerning people held in custody and a number of safeguards governing detention. These include the right of detainees to be told why they are being held, to communicate with the outside world, to have legal counsel and contact with consular authorities and to be brought promptly before a judicial or other authority. It also recommends that a maximum period of detention should be set by law and that custody may “in no case” be prolonged or indefinite