| Azadeh Shahshahani Writes About the ACLU of Georgia Human Rights Report Focused on Racial Profiling in Cobb County |
The Cobb County Board of Commissioners voted Tuesday to accept Sheriff Neil Warren's recommendation on the re-signing of the 287(g) Agreement with Immigration and Customs Enforcement. They should reconsider this decision. The 287(g) program delegates immigration enforcement authority to specific local police agencies. The Cobb Sheriff's Office is one of the five agencies in Georgia that has entered into a Memorandum of Agreement with Immigration and Customs Enforcement to participate in enforcement of federal civil immigration laws. Though initially intended as a measure to combat violent crime and other felonies such as gang activity and drug trafficking, 287(g) programs have in fact undermined public safety, as immigrant communities, fearful of being deported, hesitate to report crime. The Major Cities Chiefs Association and the Police Foundation have both found that participating in 287(g) programs has harmed community policing efforts. This trend is documented by the ACLU of Georgia report released Monday titled: "Terror and Isolation in Cobb: How Unchecked Police Power under 287(g) had Torn Families Apart and Threatened Public Safety." The report is based on interviews with 10 community members affected by the program as well as five community advocates and attorneys based in Cobb. As the report documents, in Cobb specifically, there has been a widespread increase in fear to report crime and mistrust in law enforcement as a result of 287(g). Immigrants feel afraid to seek assistance from law enforcement, even when they are the victims of crimes themselves. This factor poses a public safety threat to all county residents. One community member named Joanna mentioned to us that she once even put out the fire in her kitchen herself, because she was afraid to call 911. In addition, law enforcement agencies that reallocate limited resources towards cracking down on violations such as driving without a license or lack of insurance may have scarce means left with which to combat crimes of violence and other felonies. In Cobb, immigrants disappear into detention for violations such as having a broken tail light or tinted windows on their car. In 2008, Cobb County turned over 3,180 detainees to ICE for deportation. Of those, 2,180, about 69 percent, were arrested for traffic violations. In addition, the program has encouraged and served as a justification for racial profiling and human rights violations by some police acting as immigration agents. As the ACLU of Georgia report shows, Cobb officers have misused the power granted to them under the agreement by engaging in racial profiling of Latino communities and detaining individuals in the Cobb jail for unconstitutionally prolonged time periods. A telling example is the case of Jonathan, a Latino man who was shopping for jewelry for his girlfriend at Macy's when he was followed by a security guard who then called the Cobb Police. Jonathan was detained by the officer without being informed about the reason. He was subsequently charged with loitering and deported. The loitering charge was later dismissed by the district attorney without a hearing. His family now lives in constant fear of the "seemingly unlimited power of the police to arrest a Latino person for any or no reason at all." There is currently no meaningful check in place to ensure that local law enforcement do not abuse the program by intimidating and racially profiling immigrant communities in Cobb. A Government Accountability Office investigation earlier this year found ICE was not exercising proper oversight over local or state agencies. This problem is compounded in Georgia, as there is no state legislation banning racial profiling and mandating accountability and transparency for law enforcement. The minor changes in the program recently announced by the Department of Homeland Security make no serious attempt at discouraging profiling or reducing its negative impact on public safety. In addition, the new MOA actually takes a step backwards in the area of transparency, as it attempts to further shield 287(g) from public scrutiny by declaring that documents related to 287(g) are no longer public records. In late August, more than 521 organizations across the country, many of which in Georgia, called on the Obama Administration to end 287(g), citing the serious problems associated with the program, including racial profiling. The groups were recently joined in this demand by the Congressional Hispanic Caucus. In addition, in a recent letter to the Obama administration, the United Nations Committee on the Elimination of Racial Discrimination urged the administration and Congress to do more to end racial profiling by reconsidering the 287(g) program. The ACLU of Georgia was joined Monday by faith and community leaders from Cobb and around the state in reiterating this demand. 287(g) programs waste local resources and hinder local police ability to effectively protect public safety in Cobb and other communities around the State. It is time for Cobb to walk away from 287(g). To read the report, click Here |
| 2009 Bill of Rights Luncheon |
The American Civil Liberties Union of Georgia's Bill of Rights Luncheon was a great success! The luncheon, a yearly tradition that honors dedicated individuals who have the courage and tenacity to speak out for justice, was set in the magnificent "W" Hotel in Midtown, Atlanta.
The event began with an introduction by the vivacious annual host, Cherry Spencer-Stark, followed by a delectable meal. Chara Fisher Jackson, the ACLU of Georgia's legal director, introduced Kathy Burch of John Marshall Law School who received the Volunteer Attorney Award. Professor Burch was recognized for her efforts in creating an ACLU Civil Rights Seminar.
As Guests enjoyed desert and coffee, Martina N. Davis-Correia, Troy Davis's sister, was introduced by board member of the ACLU and close friend of hers, Francis Wand. Mrs.Correia was recognized for her work on the advocation of the removal of the death penalty. She gave an emotional speech and received a standing ovation upon exiting the stage.
National ACLU consultant, Al Bronstein, introduced the world renowned Hollywood actor and humanitarian Mike Farrell as the recipient of the National American Civil Liberties Award. Mr. Farrell gave an excellent keynote speech emphasizing his gratitude for those who spoke out against injustice.
In closing, several wonderful prizes were raffled off. Mr. Farrell then sold and signed copies of books including his latest, Of Mule and Man. The hostess closed the luncheon by insisting that we must all protect freedom "Because freedom can't protect itself."
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| ICE Urged To Reform Immigrant Detention To Promote Human Dignity |
Kathy Purnell, Immigration Detention Fellow, made an appeal for Immigration and Customs Enforcement (ICE) to consider utilizing human rights norms to guide the immigration detention reform process. She was invited to give a talk on "Pathways of Detained Immigrants: How and Why Human Rights Should Guide Immigrant Detention Reform" at the Emory Law School Public Interest Committee Conference on October 17,2009. The conference brought together over 200 participants including public interest attorneys, law students, activists and scholars, community service providers and organizations such as the Southern Poverty Law Center, Georgia Legal Services, Tapestri, among others. The theme of this year's conference was "Expendable People: A Human Rights Perspective on the Impact of Global Migration on Georgia"
Purnell's presentation focused on the Obama Administration's commitment to overhauling the entire system of immigrant detention. Purnell analyzed the implications of the Schriro report, the first comprehensive report on the state of immigration detention in the United States issued by ICE (on October 6, 2009), for immigrant detainees in Georgia and explained how the current ICE guiding principles for reform were inadequate to address the various due process and violations of human dignity that immigrant detainees face on a daily basis in ICE custody.
She encouraged the audience to use their commitment to human rights to think strategically and creatively for the application of these norms to reform the process of immigrant detention. Applicable human rights norms include provisions against arbitrary detention, norms which govern the protection of the human dignity of all individuals that are detained, the utilization of detention as a last resort for non-criminal, administrative detainees who are particularly vulnerable, such as asylum seekers, among other core human rights norms embedded in human rights declarations and international treaties the United States has signed and ratified.
These instruments include the International Convention on Civil and Political Rights, Convention to Eliminate Racial Discrimination, Convention Against Torture, The Convention and Protocol Relating to the Status of Refugees, and the Universal Declaration of Human Rights.
The talk concluded with an analysis of why it is important to examine how treaties are already being discussed by local law enforcement in Georgia, noting that the Vienna Convention on Consular Relations is being deployed in a manner which appears to contravene the intent of the treaty because it is being invoked to justify enforcement actions instead of promoting its original intent - to grant certain procedural protections to foreign nationals.
For more information and for the full powerpoint presentation which provides an overview of the Obama administration reforms and with the discussion of applicable human rights treaties and norms that impact immigrant detention, click here.
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| Meet the ACLU of Georgia Family |
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 The Cohens, Yvonne and Jack.
Yvonne and Jack Cohen are a lovely couple who have been an integral part of the ACLU family for nearly six years. The couple, who live in Sandy Springs, have been married for forty-four years. The two met through Yvonne's older brother when she was fourteen. Jack was a surgeon in North Atlanta and Yvonne ran his surgical practice. Six years ago, when they retired they decided that they wanted to do something to remain involved in the community and became assoiciated with the ACLU of Georgia. "We both identify strongly with the goals and aims of the ACLU and feel privileged to have the opportunity to be a part of this organization.
Both Yvonne and Jack began their volunteer work at the office working primarily on intake, the evaluation of incoming correspondence requesting legal assistance. "Intake," they agree, "opens your eyes to the fact that civil liberties are still being trampled on each and every day". Eventually, the Cohens took on even greater roles at the ACLU.
Jack joined the Legal committee and Yvonne became a board member. The Legal committee at the ACLU is responsible for choosing the cases the ACLU becomes involved with and offering advice and counsel to the staff legal team. The Board, amongst other activities, handles the Bill of Rights Dinner and facilitates the annual fund raising campaign.
When asked why they continue to work at the ACLU, they do not hesitate to respond that they strongly believe in the freedoms that the ACLU fights to preserve especially in this day and age when there is an equally persistent opposing force. In closing, the Cohen's give some very imperative advice to the next generation of ACLU volunteers: "Everyone should be acutely aware of the constant attack on citizen's rights and freedoms". "Fighting for liberty and the Bill of Rights is everyone's responsibility".
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