Groups call for DMV to accept federal documents as immigrants’ proof of legal presence
The American Civil Liberties Union of Virginia and the Virginia Coalition of Latino Organizations today released a letter sent to DMV Commissioner Richard Holcomb renewing a request that he rescind a recently implemented policy refusing to accept federally-issued work papers as proof of legal presence to obtain either a driver license or ID in Virginia.
The letter was signed by almost 70 organizations including law firms, unions and trade associations, faith-based organizations, a diverse group of immigrant services and advocacy organizations and a wide variety of other not-for-profit human services organizations.
The decision not to allow the I-766 EAD to be used for DMV purposes was made in September without study or a public hearing, and seems to be based on both strong anti-Latino sentiments and a single tragic automobile accident involving a Bolivia-born driver. The driver, who was facing deportation when he apparently killed a nun and two others while driving intoxicated, used his I-766 EAD to obtain an ID, but did not have a driver’s license. Critics of the policy have pointed out that the accident was unrelated to the viability of the federal papers.
“Legal immigrants continue to be burdened by the Commissioner’s decision, including some who have lost wages and jobs because of the difficulty they have experienced in getting their driver’s licenses under this arbitrary, overbroad policy,” said Jorge Figueredo, director of Racial Justice and Immigrant Rights for the American Civil Liberties Union of Virginia.
Edgar Aranda-Yanoc, chairman of the Virginia Coalition of Latino Organizations, said, “Now that the Attorney General has made clear that the Commissioner has the discretion to decide what documents are accepted for proof of legal presence, we ask him, again, to exercise that discretion thoughtfully and restore the ability of law abiding legal residents of Virginia, who want nothing more than to live their lives, drive to work and worship, and get their children to school and other activities safely, to use the EAD to obtain their driver’s licenses.”
Virginia’s recent history of over-reacting to its growing Latino population has been well documented. In 2008, Virginia’s legislators introduced more than 100 bills that the ACLU and other rights groups determined were spurred by anti-immigrant bias. None of the bills were based on studies showing they were needed to address problems legislators associated with undocumented persons living in Virginia. Yet each of the bills would have discriminated against Virginia’s entire immigrant population in some way. In 2007, the Prince William County Board of Supervisors brought national attention to its ill-advised efforts to root out undocumented immigrants by punishing all immigrants living in the county. Their original proposal included policies that would have encouraged police profiling based on nationality and would have required library and park patrons to show birth certificates or passports before use of the facilities would be allowed.
Edited by Chris Graham. Chris can be reached at freepress2@ntelos.net.
ACLU: Victims of human-rights violations denied access to U.S. courts
Access to justice for victims of civil and human rights violations has been severely curbed over the last decade in Virginia and across the nation, according to a report released today by the American Civil Liberties Union. The report shows how indigent capital defendants, victims of torture, immigrants, and abused domestic workers, among others, are consistently denied appropriate redress.
“Unfortunately, because of recent laws and court decisions, victims of human rights violations here in the U.S. are continually denied their day in court while those responsible for the abuses are protected,” said Jennifer Turner, a human-rights researcher with the ACLU and author of the report. “Equal justice for all is a core American value and everyone deserves access to the courts to right wrongs done against them. The U.S. should amend restrictive laws and swiftly enact policies to restore access to justice for the most vulnerable among us.”
According to the report, “Slamming the Courthouse Doors,” the “[a]ctions of the executive, federal legislative, and judicial branches of the United States have seriously restricted access to justice for victims of civil liberties and human rights violations, and have limited the availability of effective (or, in some cases, any) remedies for these violations. Weakened judicial oversight and recent attempts to limit access to justice…are denying victims of human rights violations their day in court and protecting responsible officials and corporations from litigation.”
For instance, in Virginia, three women were brought to the United States under false pretenses and forced to work against their will in the home of a military attaché to the Embassy of Kuwait where they were subjected to physical and psychological abuse. These women fled from the home and brought suit against their abusers and the state of Kuwait for human trafficking and forced labor. However, their case was dismissed because of diplomatic immunity.
“It is appalling that in this country people can still be kept against their will and held in involuntary servitude without their captors being punished,” said ACLU of Virginia executive director Kent Willis. “Such actions not only violate fundamental human rights, but also our basic sense of dignity and justice.”
The report includes detailed recommendations and measures for the U.S. government to take in order to live up to the promise of equal justice for all and comply with international human rights obligations and commitments to guarantee access to justice and effective remedies.
“Slamming the Courthouse Doors” is available online here.
Edited by Chris Graham. Chris can be reached at freepress2@ntelos.net.
ACLU leads fight against warrantless GPS placements
The American Civil Liberties Union of Virginia today filed an amicus brief with the Virginia Court of Appeals contending that our constitutional right to privacy is violated when police surreptitiously place GPS devices on cars without first obtaining a warrant.
“If the police are allowed to attach a GPS device to anyone’s car and remotely follow its movements, then we have just officially entered the era of Big Brother,” said ACLU of Virginia Executive Director Kent Willis.
“Advances in technology have often threatened privacy rights assumed by the Constitution, leaving the courts and Congress to play catch-up,” added Willis. “There were no telephones, computers, or emails when the Fourth Amendment was adopted, but through legislation and litigation, we put limits on the government’s right to access those devices.”
“Now that global positioning technology literally gives police the capability of following the movements of every person who drives a car, it is important to apply some brakes to the use of these devices by the government,” added Willis. “We are hoping the Virginia Court of Appeals will do just that.”
“No one wants to curtail the police’s ability to fight crime,” said Willis. “We just want the checks and balances in our system to work as they’re supposed to. So before the police place a device on your car to follow your every movement, we want them to explain to a magistrate why they are doing it and get a warrant. It’s that simple.”
The case at issue, Foltz v. Commonwealth, stems from a 2008 incident in Fairfax County in which police attached a GPS device to a van used by David Lee Foltz, Jr., who was on probation for sexual assault. Police used the device to track and apprehend Foltz for another assault, for which he was convicted. Foltz’s lawyer argued that the police had illegally tracked him by using a GPS device without first obtaining a warrant, and asked the Virginia Court of Appeals to review the case.
A three-judge panel of the appeals court ruled that GPS devices placed by police do not violate drivers’ privacy rights so long as the car is on public property when the device is attached. The full Court of Appeals then decided to review the case.
The ACLU of Virginia’s amicus brief is available at http://acluva.org/wp-content/uploads/2010/10/20101012GPStracking-AmicusFoltzvVirginiaCourtofAppeals.pdf. The brief was submitted by Rebecca K. Glenberg, ACLU of Virginia Legal Director, and Thomas Okuda Fitzpatrick, ACLU of Virginia Dunn Fellow.
Edited by Chris Graham. Chris can be reached at freepress2@ntelos.net.
Sexting charges dropped against Virginia teen who received nude photos
The American Civil Liberties Union of Virginia announced today that all charges have been dropped against a boy charged with possession of child pornography after he received nude photos on his cell phone from a girl who attended school with him.
The boy, who was 14 years old when the incident occurred, had not shown the photos to anyone else when the principal of his school learned of them and contacted the local police, who then brought child pornography charges. Possession of child pornography is a class 6 felony in Virginia.
The ACLU of Virginia, which provided legal representation for the boy, called on Virginia’s legislators to address the issue of sexting by minors by making certain that such behavior does not result in criminal charges. The Virginia Crime Commission, which meets twice more before the 2011 General Assembly convenes, has failed to reach any conclusion about sexting in the past.
“Sexting between teens is a mistake, not a crime” said ACLU of Virginia Executive Director Kent Willis. “Schools and parents should be educating children about the consequences of sexting and even meting out appropriate punishment when it is called for, but a teen convicted of possession of child pornography could spend his life labeled as a criminal sex offender.”
Patrick Anderson, the lawyer who represented the boy for the ACLU of Virginia, said, “This was an unconscionable application of the child pornography statue. That law was intended to protect children from adults who could prey on them, not make criminals of kids who make stupid mistakes.”
“Everyone agrees that the child pornography laws were not intended to apply to teens who take nude pictures of themselves,” added Willis. “But no elected official wants to sponsor a bill that might be misinterpreted by the public as supporting sexting. What’s left is a legislative impasse that places teens dangerously in the path of overzealous police and prosecutors.”
Edited by Chris Graham. Chris can be reached at freepress2@ntelos.net.
The right to vote
Groups urge Kaine to restore voting rights for ex-felons
Staff Report
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Ten Virginia civil-rights and faith-based groups have joined together to ask Gov. Tim Kaine to issue an executive order that would restore voting rights to most or all of Virginia’s 300,000 individuals who are being denied the right to vote because of a felony conviction, and to put in place a process for automatically restoring rights to others who complete their sentences in the future.
The letter sent earlier today is signed by the following organizations: NAACP Virginia State Conference, Virginia League of Women Voters, Virginia Interfaith Center for Public Policy, Virginia Poverty Law Center, Virginia Organizing Project, STEP-UP Inc., Virginia CURE, The Northern Virginia Coalition, American Civil Liberties Union of Virginia, and The Rutherford Institute.
Many other Virginia organizations, including the Virginia Catholic Conference, the Virginia Conference United Methodist Church, the Old Dominion Bar Association and Delta Sigma Theta Sorority Inc. State Social Action Task Force have also called for reform of Virginia’s felon disfranchisement law. Continue reading “The right to vote” »
New wrinkle in lesbian custody case
Virginia woman asks public for help in locating her daughter
Staff Report
News tips: freepress2@ntelos.net
Janet Jenkins today appealed to the public for help in locating her daughter, Isabella Miller-Jenkins.
In November, the Rutland Family Court in Vermont ordered that Lisa Miller transfer custody of the child to Janet Jenkins on Jan. 1, 2010. The transfer of custody did not occur, and Isabella’s and Lisa’s whereabouts are unknown. Lisa’s attorneys say that they have not been in touch with her for some months, and Isabella’s guardian ad litem and attorney have been unable to contact her.
Isabella was born in 2002, after Janet and Lisa, then a couple, decided to have a child together. Lisa was artificially inseminated to conceive the child. The current custody and visitation case began in 2003, when Lisa filed papers in Vermont asking the court to dissolve her and Janet’s civil union and decide the custody of their child. The court granted temporary custody to Lisa and visitation to Janet. The court later determined that Janet is Isabella’s legal parent. Continue reading “New wrinkle in lesbian custody case” »
Heard of the First Amendment?
ACLU backs Gloucester residents in removal case
Staff Report
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The ACLU of Virginia and the Thomas Jefferson Center for the Protection of Free Expression today filed an amicus brief in the Virginia Supreme Court on behalf of 40 Gloucester residents who were ordered to pay a total of $80,000 in fees after they attempted to use an obscure Virginia law to remove from office four members of the county’s board of supervisors. The brief claims that the sanctions chill the First Amendment right to petition the government for redress of grievances. Continue reading “Heard of the First Amendment?” »
Chesterfield kills controversial warrantless-search proposal
The Chesterfield County Board of Supervisors voted unanimously last night to kill a controversial proposal that would have enabled county inspectors to enter rental units without first obtaining a warrant.
Under the proposed ordinance, building owners in designated districts would have been required to allow inspections of the interior of their properties once notified by county officials. If they or their tenants refused, the owners could be punished with a fine of up to $2,500 for the first offense, with harsher punishments for continued violations. Continue reading “Chesterfield kills controversial warrantless-search proposal” »
Criticism nixes juror-ID shield
A committee of the Virginia Supreme Court has withdrawn a controversial proposal to make jurors anonymous in all state court criminal trials. The committee’s apparent turnabout comes as a result of strong criticism from open government advocates, who argued that allowing the public to know jurors’ identities is an essential part of a fair and accountable judicial system.
The Virginia Supreme Court’s Advisory Committee on Rules of the Court first proposed making all juries anonymous earlier this year, but the measure soon drew fire from the ACLU of Virginia, the Virginia Coalition for Open Government, and the Virginia Press Association. Citing legal precedents, the ACLU promised to challenge the rule in court if it were adopted. Continue reading “Criticism nixes juror-ID shield” »
ACLU launches education effort on college-student voting rights
With the voter registration deadline approaching, the American Civil Liberties Union has sent an electronic flyer to approximately 400 college campus organizations at 33 Virginia colleges, encouraging students to take advantage of a new State Board of Elections’ policy permitting them to register to vote in the jurisdiction where they attend college.
The flyer also lets students know that the ACLU is prepared to assist them if they encounter any difficulties in the registration process. Continue reading “ACLU launches education effort on college-student voting rights” »
State News
Friday, July 10
- Judge throws out suit against Roanoke TV protestor
Thursday, July 9
- ACLU fighting jail censorship of religious materials Continue reading “State News” »
Kent Willis | Remembering Jack Kemp for another passion: Voter-restoration reform in Virginia
Posted by afp on May 19, 2009 · Leave a Comment
Filed under Blogs · Tagged with aclu, american civil liberties union, jack kemp, kent willis, voting rights