RWG Monthly E-News: January/February 2012

NEWS & UPDATES

Upcoming Advocacy Week: It’s Time to Pass the End Racial Profiling Act (ERPA)

The End Racial Profiling Act of 2011 (ERPA) was introduced in both the House and Senate last fall. To increase pressure on Congress to pass this bill, we will bring community voices to Congress this April. Throughout the nation's capital and around the country, our communities will demand that members of Congress sponsor and pass this important piece of legislation. If you're interested in organizing a legislative visit in your district during Advocacy Week, e-mail Sian and stay tuned for more details to come!

Progressive Racial Profiling Law Introduced in Rhode Island

In the midst of growing discriminatory racial profiling practices across the United States, there is some hope coming out of a state initiative in New England. On Jan. 25, the Racial Profiling Coalition of Rhode Island held a press conference and film screening to advocate for a new law that would further ban racial profiling in Rhode Island. The Comprehensive Racial Profiling Prevention Act introduced by Rep. Grace Diaz, would build on existing state laws requiring data collection, and would especially protect juveniles and passengers in cars from searches absent suspicious activity. See PrYSM's video about the impact of racial profiling on Rhode Island's youth.

Consent Search Moratorium in North Carolina City

After a long and successful campaign making racial profiling a key political issue at the local level, the Fayetteville Racial Profiling Coalition has had a recent success: the city council is instituting a 4-month moratorium on consent searches by police, and will take this time to conduct a study on how to prevent consent searches from being used as a racial profiling tool to target the city's African American communities. The Coalition has been demanding action on racial profiling since 2010, when data collected through North Carolina's current law revealed that African Americans in Fayetteville are disproportionately stopped and searched. [READ RWG BLOG ON MORATORIUM]

Key Developments in Campaigns to Combat the Secure Communities Program

After months of fighting to keep internal ICE memos regarding the Secure Communities program secret, the Obama administration finally complied with a court order and released key agency communications regarding the program in late December in connection with NDLON v. ICE. The rights groups litigating the case, NDLON, The Center for Constitutional Rights and the Cardozo Law School's Immigrant Justice Clinic, sought the so-called "mandatory memo" to learn how ICE justifies forcing Secure Communities on states and localities. However, the documents reveal that DHS has no clear legal mandate to do so. Read the Oct. 2, 2010 Mandatory Memo, the previous "Voluntary Memo" and an analysis of both here.

Meanwhile, two former members of the DHS Secure Communities Taskforce, including RWG Steering Committee member Brittney Nystrom, sent a letter to Department of Homeland Security (DHS) Secretary Janet Napolitano recommending urgent changes to the program, including terminating the program in states whose immigration enforcement laws have been challenged as unconstitutional by the Department of Justice (DOJ) and in jurisdictions where the DOJ has found evidence of discriminatory policing.

DHS Hits Pause on Secure Communities Expansion in Alabama

The Secure Communities program will not be further deployed in Alabama. The data-sharing enforcement program was scheduled to be active in all 67 counties in Alabama by December 2011, but DHS Secretary Janet Napolitano ordered the DHS to stop expanding Secure Communities in the state while DOJ is litigating to stop Alabama's anti-immigrant law, HB 56. In a DOJ letter sent to Alabama law enforcement officials in early December, the DOJ raised concerns about racial profiling as a result of Alabama's HB 56. Though the program is currently not growing in Alabama, the 37 counties where Secure Communities is already active there will continue participation in the program.

The pause on Secure Communities is a temporary win for protecting Alabama's immigrant communities from racial profiling, but there is still much more work to be done. RWG partners in Alabama are gearing up for their legislative session where a bill to repeal HB 56 has already been introduced. Look out for updates and opportunities to take more action in solidarity with the people of Alabama.

Blocked: Oklahoma Anti-Sharia Law

In early January, the 10th Circuit Court of Appeals upheld lower court decision that stopped the Oklahoma anti-sharia law from taking effect. This law would prohibit judges from considering international or Islamic law in their decisions. Oklahoma's anti-sharia law unconstitutionally singles out one faith community in Oklahoma and is clearly motivated by bias and Islamophobia. [READ ACLU BLOG ABOUT CASE]

Government Releases Report on Compliance with the International Covenant on Civil and Political Rights

On Dec. 30, 2011, the State Department released the U.S. Government's report on their compliance with the International Covenant on Civil and Political Rights (ICCPR) to the United Nations Human Rights Committee (HRC). The ICCPR review process provides another pressure point to hold the U.S. government accountable to the principles of equality and non-discrimination and advance our domestic advocacy.

Based on feedback received from RWG members and allies, including those who attended the RWG Human Rights Training in March 2011, RWG is planning a "shadow report" that will be written collaboratively with a number of organizations around the country working to fight racial profiling in all of its forms. This report will seek to point out deficiencies, inaccuracies and omissions in the government's report and will broadly highlight issues related to racial profiling that RWG members, partners and allies are working on. If you would like to participate in these efforts, contact Aadika Singh at 202-591-3308.

United States Supreme Court Limits Warrantless GPS Tracking

In January, the Supreme Court unanimously found in United States v. Jones that a suspect cannot be subject to warrantless GPS tracking.  This practice is unconstitutional and violates the 4th Amendment, which protects against unreasonable search and seizure. [READ RWG BLOG ABOUT CASE]

D.C. Continues to Support Immigrant Families

On Jan. 6, RWG joined the DC community for a DC Council Hearing to support the Immigration Detainer Compliance Amendment Act of 2011. The bill builds upon and strengthens the mayor's executive order (signed Oct. 19) to prevent public officials from asking about immigration status. The bill was unanimously co-sponsored by all 13 council members and limits compliance with ICE detainer requests.

RWG CORNER

RWG & DWN Recording of Membership Call on Appropriations Available

A recording of the RWG & DWN Membership Conference call, "Show Me the Money: Understanding the Appropriations Process and How You Can Influence Government Spending" is now available. The call featured congressional staff and advocates discussing how the appropriations process works, how advocates can affirmatively advocate for less spending on immigration detention and Secure Communities, and shared strategies to defend against proposals for national security spending that unfairly target our communities. If you would like to receive updates on future RWG membership conference calls, become an RWG member today and sign up.

Share Your Story: Racial Profiling is Pervasive

The Racial Profiling: Face the Truth campaign is gearing up for another year of actions, activities, and public education efforts to continue the echo to stop racial profiling. In the course of our organizing, policy, and communications work, it is often important to share stories of the different forms of racial profiling that are rampant around the country. Stories can show that racial profiling happens to many racial, ethnic, and religious communities while individuals are simply driving, walking, or flying. Throughout 2012 we will be collecting stories for the campaign to illustrative the pervasive problem. If you or someone you know has experienced racial profiling and would like to share your story, please contact Sian OFaolain or complete the Racial Profiling Story Collection Form online.

Video & Audio Recordings from "Securing Our Rights" Convening

RWG is pleased to provide several recordings of different workshops and plenary sessions from the Securing Our Rights in the Information Sharing Era: A convening on national security, surveillance and immigration enforcement last December. There is also a video featuring participants discussing their highlights from the convening. Throughout this year, RWG will be hosting conference calls, webinars, and small group sessions to continue the momentum from the "Securing Our Rights" convening. Stay tuned for these upcoming events.

NEW RESOURCES

The Wrong Approach: State Anti-Immigration Legislation in 2011 by the National Council of La Raza

Misplaced Priorities: The Failure of Secure Communities in Los Angeles County by the Immigrant Rights Clinic, University of California, Irvine School of Law

Building An America For All of Us: A Campus Workshop Guide by the South Asian Americans Leading Together and the Applied Research Center. Guide includes a Facilitators Guide and a Campus Workshop Cheat Sheet.