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For Immediate Release
December, 04 2017, 01:15pm EDT
Contact:
ACLU of Florida Media Office, media@aclufl.org, (786) 363-2737
ACLU of Florida, SPLC, LatinoJustice Warn Monroe County Sheriff's Office to Stop Illegally Detaining Immigrants
The Monroe County Sheriff's Office must stop its unconstitutional practice of detaining immigrants so that federal authorities can investigate them for possible deportation, the Southern Poverty Law Center (SPLC), the American Civil Liberties Union of Florida (ACLU-FL) and LatinoJustice said in a letter today.
KEY WEST, FL
The Monroe County Sheriff's Office must stop its unconstitutional practice of detaining immigrants so that federal authorities can investigate them for possible deportation, the Southern Poverty Law Center (SPLC), the American Civil Liberties Union of Florida (ACLU-FL) and LatinoJustice said in a letter today.
Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) use detainer forms to request that sheriffs keep arrestees in jail on suspicion of immigration violation after they otherwise would have been released. The letter, addressed to Monroe County Sheriff Rick Ramsay, informs the law enforcement agency that it has been keeping alleged immigrants in the Monroe County Detention Center, in the Florida Keys, based on a detainer form that federal courts across the country have explicitly ruled unconstitutional.
"Not only does this practice present serious constitutional concerns and exposes the county to lawsuits, but it also harms the local community," said Amien Kacou, staff attorney at the ACLU of Florida. "As Monroe County continues to recuperate from Hurricane Irma, it should be focusing its efforts to maintaining the safety and cohesion of these communities, not assisting in the separation of families and the deportation of community members."
The version of the detainer form used in Monroe County has been shown to violate the Fourth Amendment prohibition on illegal search and seizure Merely investigating a person's immigration status does not provide a probable cause for holding someone, thus exposing the county to liability.
Local law enforcement agencies have repeatedly been held liable for illegally detaining people in response to this type of hold request. For example, Clackamas County in Oregon was held liable for detaining a woman for 19 hours under an immigration detainer and had to pay her $97,000. Similarly, Lehigh County in Pennsylvania recently settled a lawsuit for $95,000 for wrongfully holding a United States citizen under this immigration detainer.
The current form used by ICE no longer permits the agency to request a detainer hold when it has only begun an investigation. Even this form does not satisfy the Fourth Amendment, however, as it does not require a finding of probable cause by a neutral magistrate before detaining someone. Use of detainers also endangers public safety by discouraging immigrants from reporting crimes, and contributes to the separation of families.
"We urge the Monroe County jail to stop honoring this outdated and unconstitutional form immediately," said Lisa Graybill, deputy legal director at the SPLC. "Reliance on a form already found to be unconstitutional is an unconscionable attack on due process, and leaves Monroe County vulnerable to potential litigation."
"We urge Monroe county to immediately cease its practice of honoring detainers immediately. Not only does this practice expose the county to the potential of costly litigation based on violations of well-established constitutional principles, but also weakens the relationship between law enforcement and the community they serve." said Kira Romero-Craft, Associate Counsel in LatinoJustice's Southeast Office in Orlando.
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
After Previously Voting With GOP, 52 House Dems Targeted to Oppose 'Nonprofit Killer' Bill
"Every nonprofit across the spectrum of human rights and progressive values is up in arms, begging Democrats to overcome their greed and their spite, and not to hand President-elect Trump the ability to destroy any nonprofit he dislikes with the flick of a pen," wrote one campaigner.
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House Republicans have revived an effort to pass the so-called "nonprofit killer" bill—a piece of legislation that, if passed, would hand U.S. President-elect Donald Trump the ability to sanction civil society groups, including government watchdogs, news outlets, and humanitarian organizations.
A vote on the Stop Terror-Financing and Tax Penalties on American Hostages Act (H.R. 9495), which would allow the Treasury Department to remove tax-exempt status from nonprofits deemed "terrorist supporting organizations," is expected on Thursday.
But a wide coalition of organizations and individuals have voiced their opposition to the bill, including multiple groups that have mobilized to pressure House members to vote against it, particularly the 52 Democrats who previously voted in favor of it.
The controversial bill was blocked last week when 144 Democrats and one Republican voted against the bill after it was fast-tracked under a procedure that requires two-thirds majority support for passage. Republicans then brought it back through the House Rules Committee, teeing it up for a simple majority floor vote.
The 52 Democrats who voted in favor of the bill include Reps. Adam Schiff (D-Calif.), Henry Cuellar (D-Texas), and Ritchie Torres (D-N.Y.).
Groups including Muslims for Progressive Values, Fight for the Future, Council on American-Islamic Relations, and the union The NewsGuild-CWA have launched an advocacy effort to pressure those 52 Democrats to flip their votes and urge all members of the House to vote no on the bill.
"H.R. 9495 is a threat to our basic right to free speech, dissent, and advocacy. Democrats who claim to defend democracy must be called out for their SUPPORT of this bill. This bill will silence non-profits who speak up for human rights of Palestinians, reproductive rights, against deportations or ANY government policies," wrote Muslims for Progressive Values.
Some of Democrats who voted in favor have since said they will no longer support the bill.
Rep. Gabe Vasquez (D-N.M.) released the following statement on Monday: "I have heard loud and clear from folks in my district and understand the concerns of my constituents, non-profit leaders and their staff. The incoming administration's recent Cabinet nominations give me little faith that this tool would be used as originally intended. Therefore, I have decided to vote against H.R. 9495 and will continue acting in our district's and nation's best interests."
There is fear that the bill would, in particular, have a chilling impact on Palestinian rights organizations and pro-Palestine speech.
"This bill was designed to criminalize organizations and activists who oppose the U.S.'s unconditional support of Israel's genocide of Palestinians and the slaughter of Lebanese civilians. Such legislation threatened the constitutional rights of American nonprofits, houses of worship, and advocacy organizations—regardless of political orientation. Lawmakers must understand the serious, long-term dangers of advancing bills or investigations that seek to suppress lawful activism and silence dissent," according to a joint statement issued by Arab and Muslim American groups last week.
Lia Holland, the campaigns and communications director at Fight for the Future, said in a statement that "it's a disappointment but not a surprise to find Democrats voting for a bill to punish student protests against genocide on the wrong side of their entire values system. Over and over again, we've seen how legislative efforts designed to oppress dissent and silence speech end up burning their progenitors."
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Others have also critiqued the proposed legislation on broader civil rights and free speech grounds.
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Kia Hamadanchy, senior federal policy counsel at the ACLU, said that "every time we give the president new powers and more authority to act alone, we create an open invitation for abuse by the executive branch."
"While the ACLU would oppose this legislation no matter who the president is, and there is no question it could be weaponized against groups on both ends of the ideological spectrum," Hamadanchy added, "the rhetoric we saw on the campaign trail from the president-elect is even more reason for Congress to reject this bill."
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Critics slammed the Republican-controlled U.S. House Ethics Committee on Wednesday after the panel decided against releasing a report on sexual misconduct allegations against former U.S. Rep. Matt Gaetz, who has been nominated by President-elect Donald Trump to serve as attorney general.
Committee Chair Michael Guest (R-Miss.) told reporters that "there was not an agreement by the committee to release the report," while Rep. Susan Wild (D-Penn.) clarified that "a vote was taken."
Julie Tsirkin, congressional correspondent for NBC News, said Wild "suggested all Democrats voted yes, all Republicans voted no."
Christina Harvey, executive director of Stand Up America, called on the committee to "release the full report immediately" and warned that "failing to make it public would be a betrayal of the public trust and a dangerous precedent for our democracy."
Committee investigators have been examining allegations that Gaetz paid to have sex with a 17-year-old at parties while he was serving in Congress.
The investigators obtained records showing that Gaetz paid more than $10,000 to two women who testified before the committee. The records showed 27 PayPal and Venmo transfers from Gaetz between July 2017 and January 2019, some of which were allegedly payments for sex.
The allegations were also part of an FBI investigation into whether Gaetz was involved in sex trafficking of a minor. That probe was dropped without charges.
"The American people deserve transparency from their elected officials, especially when it comes to evaluating the nominee to become our nation’s chief law enforcement officer," said Harvey. "The Senate can't fulfill its constitutional duty to advise and consent on the president's nominees without access to the report and all evidence of the numerous allegations of Gaetz's sexual misconduct."
Gaetz abruptly resigned from Congress hours after Trump announced his nomination. The resignation meant Gaetz was no longer under the congressional committee's jurisdiction, and several lawmakers suggested the former Florida congressman aimed to avoid the release of the report. House Speaker Mike Johnson (R-La.) has pushed for the report to remain confidential considering Gaetz's resignation.
As the House committee was weighing whether to release the documents, Republicans on the Senate Judiciary Committee met with Gaetz ahead of his confirmation process. Vice President-elect JD Vance (R-Ohio) suggested on social media as the meetings were taking place that senators should support Trump's nomination, saying the party rode the president-elect's "coattails" to a Senate and House majority.
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As it stands, podcast host Brian Tyler Cohen said, "the House Ethics Committee Republicans are now complicit in trying to bury a potentially 'highly damaging' report into Matt Gaetz."
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Amid reporting that the Israel Defense Forces is using an artificial intelligence weapons system touted as improving "operator lethality," Jewish Voice for Peace said Israel's use of technological warfare is "nothing new"—but pointed out that the new reports follow the country's signing of "the first global 'safety' AI treaty."
The Framework Convention on Artificial Intelligence, spearheaded by the Council of Europe, was signed by Israel in September, and "claims to be a legal framework governing AI systems to mitigate risks to human rights, democracy, and the rule of law—but the Israeli military is using AI to do precisely the opposite," said JVP.
The Jewish-led advocacy group spoke out after Middle East Eye (MEE)reported that the IDF has been using a weapons system in Gaza that came out of a collaboration between Israeli Weapons Industries and the Indian company Adani Defence & Aerospace.
The AI system, Arbel, was first unveiled at a defense expo in Gandhinagar, Gujarat in October 2022. MEE reported it is capable of turning "machine guns and assault rifles into computerized killing machines," using algorithms to increase Israeli soldiers' chances of hitting targets with accuracy and "efficiency."
The huge death toll in Gaza—which is conservatively estimated to be about 44,000 but which nearly 100 medical professionals estimated to be more than 118,000 last month, based on their experiences in hospitals there—has previously been linked to Israel's use of AI.
As Common Dreams reported in April, an AI machine called Lavender has been used by the IDF to devise "kill lists," with the military deeming 100 civilian deaths for every Hamas official an acceptable error rate. In December, the Israeli outlets +972 Magazine and Local Callreported that another AI machine called Gospel has been used to target dozens of buildings per day.
Defense analysts told MEE that Arbel has likely been used to "carry out the carnage of Palestinians in a more efficient manner in Gaza."
Antony Loewenstein, an independent journalist who tracks the use of technological warfare in Gaza and the West Bank, told MEE that as Israel has used numerous AI systems over the past 13 months, "targeting civilians was the point. It was never about just going after Hamas."
"I have spoken to people in Gaza, I have seen the direct human impact of this kind of killing," he told the outlet. "It is horrific."
Research analyst Noah Sylvia of the Royal United Services Institute in London told MEE that the IDF "has demonstrated a disregard for civilian life in Gaza to the point of routinely targeting children with small arms, meaning that Arbel could easily be used to make the killing of civilians, of children, more efficient."
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