Policy News: June/July 2010

Judge Blocks Key Sections of Arizona's SB 1070

On July 28th, one day before Arizona's Senate Bill 1070 was to go into effect, a federal judge blocked some of its most controversial sections. U.S. District Judge Susan Bolton ruled that although the bill would still go into effect on July 29th, some of the bill's sections should be put on hold until courts can resolve the related issues. Blocked provisions include those that would require officers to check a person’s immigration status while enforcing other laws, those that would require immigrants to carry their documents at all times and those that made it illegal for undocumented workers to seek jobs in public places. SB 1070, if enacted, would have criminalized unlawful presence in the United States and would have required police to try to determine the immigration status of anyone they stopped if they had a "reasonable suspicion" that the person was undocumented. The law, if enacted, would have also given private citizens the right to sue law enforcement agencies if they believed that agents were not fully enforcing the law.

The Department of Justice filed a lawsuit in early July against the state of Arizona, challenging its new state law. The Justice Department's lawsuit relied on the argument that this state initiative undermines the federal government’s authority to enforce immigration laws. The Department had asked for a court injunction to prevent the law from going into effect on July 29th. Judge Bolton considered the DOJ's lawsuit as well as lawsuits filed by several immigrants' rights and civil rights groups, including RWG members the American Civil Liberties Union, the Asian American Justice Center's Asian Pacific American Legal Center, the National Council of La Raza and the National Immigration Law Center.

Data Breach: Utah State Employees Release a List of Allegedly Undocumented Immigrants

Several Utah state employees released a list of 1300 allegedly undocumented immigrants to the news media and various law enforcement agencies. The list included detailed personal information derived from state public benefits and unemployment databases. The Utah governor and Attorney General condemned the release of this private data and began an investigation into state employees involved in the development and dissemination of the list. Immigrants’ rights and civil liberties groups are concerned about this data breach and are urging DHS to prevent the use of this list for any purpose.

Introduced in the House: The End Racial Profiling Act of 2010

On July 15th and following a congressional hearing on racial profiling on June 17th in the House Judiciary Committee, Congressman Conyers (D-MI) and Congressman Nadler (D-NY) introduced the "End Racial Profiling Act of 2010." The full text of the bill and list of co-sponsors is available online.

The hearing which preceded the bill’s introduction was entitled “Racial Profiling and the Use of Suspect Classifications in Law Enforcement Policy” and featured testimony from experts on the issue and representatives of affected communities. Featured testimony included representatives from RWG member groups including the Sikh Coalition and Muslim Advocates. Several groups submitted written testimonies for the record and prepared press statements, some of which include:

• American Civil Liberties Union press statement
• Muslim Advocates testimony
• National Association for the Advancement of Colored People testimony
• Rights Working Group testimony
• Sikh Coalition testimony
• South Asian Americans Leading Together testimony

DHS to Ramp Up Southwest Border Enforcement

In late June, DHS Secretary Janet Napolitano delivered public remarks about the Department's ongoing southwest border enforcement efforts.  DHS simultaneously released "Fact Sheet: Southwest Border: Next Steps" that outlines plans for greater participation with state and local law enforcement (criticized by immigrants' rights groups on many counts, including racial profiling), more information-sharing including the greater reliance on fusion centers (criticized by civil liberties groups) and increased militarization of the border.

White House Enforcement Review

The White House concluded its series of meetings on interior enforcement, border enforcement and worksite enforcement.  RWG participated in some of these meetings, along with a broad cross section of national and community advocates from various sectors including civil and human rights groups, immigrants' rights groups and groups representing business and labor. Meetings covered topics such as I-9 audits, Secure Communities, 287(g), detention and border security. The White House is expected to come out with decisions and policy recommendations based on these meetings.

White House Meeting on Immigration Reform

In late June, President Obama met with members of the Congressional Hispanic Caucus and with representatives from community groups to discuss the ways in which the Administration plans to work with stakeholders and members of Congress to develop comprehensive immigration reform.  The President underscored his vision that would attempt to further secure borders and demand accountability from undocumented workers and employers who hire undocumented individuals.  He also spoke against Arizona's SB 1070 and reiterated that the Department of Justice was reviewing the state bill.

Declined: San Francisco Sheriff's Request to Allow the City to Opt Out of Secure Communities

In a letter sent in late May, California Attorney General Edmund G. Brown Jr. declined San Francisco Sheriff Michael Hennessey's request to allow San Francisco to opt out of DHS' Secure Communities Initiative.  Advocates in California and elsewhere are investigating the options localities have of opting out of Secure Communities if their state has signed agreements with DHS.

FBI Oversight Hearing in the Senate

In late July, the full Senate Judiciary committee convened for an oversight hearing on the Federal Bureau of Investigation (FBI). Director of the FBI, Robert S. Mueller, III was the sole witness.