Georgia Legislature Defies U.S. Constitution and Passes Racial Profiling Law

CONTACT: Aadika Singh, 202-591-3308    
asingh@rightsworkinggroup.org

WASHINGTON, DC (April 15, 2011) – Rights Working Group (RWG) condemns the Georgia legislature's passage of HB 87, a copycat version of Arizona's SB 1070, which would allow police to ask for papers from individuals the police suspect are undocumented.  "This law invites racial profiling and is unconstitutional.  Federal courts have already spoken against Arizona's version of this law because it violates our core constitutional values of due process and fair treatment for all," said Margaret Huang, Executive Director of Rights Working Group.

Effectively, everyone in Georgia will be required to carry papers.  "Georgia's HB 87 creates a police state in Georgia.  This threatens the civil rights and civil liberties of not just immigrants but all the people of Georgia," said Huang.  In addition, HB 87 will have a significant impact on the willingness of immigrants, those perceived to be immigrants, and their families to come forward and report crimes, making all communities in Georgia less safe.  

Georgia's copycat version of Arizona's SB 1070 has been the outgrowth of Department of Homeland Security programs such as 287(g), the Secure Communities Initiative, and the Criminal Alien Program, which  involve state and local police in the enforcement of federal immigration law.  "Federal immigration enforcement should remain the exclusive authority of the federal government.  The actions of the Georgia legislature must be overturned to stop this law that could result in rampant racial profiling and discrimination," said Sameera Hafiz, Policy Director of Rights Working Group.

The federal government must reassert its exclusive authority to enforce civil immigration law and prohibit racial profiling in all its forms. Specifically:

• Congress should introduce and pass the "End Racial Profiling Act," which would prohibit profiling based on race, religion, national origin and ethnicity by federal, state and local police.
• The Department of Justice must strengthen its 2003 Guidance on the Use of Race by Federal Law Enforcement Agencies to prohibit all forms of racial profiling.
• The Department of Homeland Security should immediately stop expanding and eliminate programs like 287(g) and Secure Communities that use state and local criminal justice systems to enforce civil immigration laws.

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Formed in the aftermath of September 11th, Rights Working Group is a national coalition of nearly 300 organizations from across the country representing civil liberties, national security, immigrant rights and human rights advocates.  RWG seeks to restore due process and human rights protections that have eroded since 9/11, ensuring that the rights of all people in the U.S. are respected regardless of citizenship or immigration status, race, national origin, religion or ethnicity.