Civil Rights and Civil Liberties

Civil Rights and Liberties: Respect the civil rights and civil liberties of all so that immigrants are treated equally under the law, the federal government remains subject to checks and balances, and civil rights laws are meaningfully enforced.

In recent years, the federal government has begun to create what is, in effect, a two-tier justice system: one for citizens, and one for immigrants. This defies the constitutional imperative to protect “persons” and not just “citizens.”

Since 9/11, immigrant communities generally, and Arab, Muslim, and South Asian communities in particular, feel besieged. The federal government has conducted arbitrary sweeps and workplace raids, carried out secret detentions and secret judicial proceedings, initiated special registration programs based on nationality, and deported established immigrants based on mere technicalities.

Without a doubt, the federal government has an obligation to protect the American people from those who want to do us harm. The key to effective counterterrorism is good intelligence, based in large part on close cooperation with allies and good relationships with communities. However, since 9/11, the breathtaking reach of government measures has ended up going too far, and increasingly, these measures target immigrants who have nothing to do with terrorism.

In addition, many of the new strategies end up burdening federal agencies with busywork, which diverts them from the kind of targeted intelligence work and analysis needed to identify potential terrorists. For example, the federal government recently revived a moribund 40 year old requirement that compels legal immigrants to file change of address forms with the Department of Homeland Security when they move. The result? Hundreds of boxes of filled out address forms are being stockpiled in government warehouses because the government is unable to process the information. When looking for the needle in the haystack, it does not make sense to have the federal government adding more hay to the stack.

Instead of gaining the trust of immigrant communities, news of roundups and deportations makes many alienated and distrustful of authorities. According to some former counterterrorism officials, these government actions have hindered, rather than helped, the fight against terrorism. The government’s actions have also made it more difficult for millions of immigrants to work and provide for their families, driving those without permission to be here further underground. It makes more sense to encourage people to come out of the shadows. Protecting the civil rights of racial minorities, religious minorities, and ethnic minorities requires a strong commitment to equal justice. It also requires strong enforcement of civil rights laws. The current direction of policies and strategies undermine the promise of liberty and justice for all.

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© 2003 Hotel Employees and Restaurant Employees International Union