Naureen Shah, Senior Legislative Counsel and Advisor

President Biden’s 100-day deportation moratorium, announced late last month, was a monumental achievement for immigrant justice activists and immigrant communities. Less visible but potentially groundbreaking: The Department of Homeland Security’s promise to conduct a top-to-bottom review of programs and policies governing the arrests and deportations of immigrants in the United States.

While a Texas court temporarily enjoined the deportation moratorium (the ACLU has intervened in the case), the top-to-bottom review will go forward. Its success is the key to the puzzle of how to actually limit deportations and keep families together over the course of Biden’s presidency. What’s at stake? Whether millions of immigrants and their family members — many of whom have lived in the U.S. for years — will be forced to live in fear of being deported, and torn away from their families and communities.

DHS set out the deportation moratorium in a short memo, which stated that immigration enforcement in the interior of the United States should “prioritize responding to threats to national security, public safety, and border security.” It set out corresponding “interim civil enforcement priorities” that will apply during the 100-day period, pending the full review. And this week, Immigration and Customs Enforcement will issue new interim guidelines designed to make ICE agents accountable to the interim priorities. Taken together, this is a major break from the Trump administration’s approach, which effectively made all undocumented people targets for deportation and gave ICE agents free rein.

We have serious reservations about the interim enforcement priorities, which use sweeping and overbroad terms that have harmed communities of color for decades and mischaracterize all recent border crossers as threats to border security. Still, this news is significant: limiting immigration enforcement to these priorities would likely protect tens of thousands of people from deportation.

But without additional serious reforms, there is no reason to believe that ICE will abide by the Biden interim priorities and their eventual successor priorities. Even now, ICE agents are saying publicly that they intend to undermine the new administration, ICE’s spokesperson is touting the agency’s “unlimited discretion to evaluate any conduct” to justify arresting individuals on “public safety” grounds, and ICE is deporting individuals who should be protected by the Biden interim priorities.

As long as ICE has the resources to track, arrest, and deport large numbers of people, it will attempt to do so, bending the law to its prerogative. That is the lesson of the Obama years, when ICE flouted the enforcement priorities and related reforms, deporting thousands of individuals who did not meet its criteria. ICE also continued to regularly issue detainers requesting that state and local law enforcement agencies jail individuals past their release date, so that ICE could deport them, although the DHS secretary had directed detainers to be used only in “special circumstances.”

At the time, immigrant justice groups argued that ICE’s deportation and detention quotas had not changed in response to the Obama enforcement priorities, and there was simply “no evidence” that ICE agents would “actually modify their practices.” In recent years, Freedom of Information Act requests have confirmed that ICE deportations continue to be quota-driven — not public safety driven, as it claims.

Biden’s review of immigrant enforcement policies must reckon with how to change both ICE culture and capacity. This is hard, but one of the clearest fixes is ending ICE programs that use state and local law enforcement as “force multipliers.” These include the 287(g) program, ICE detainers, and Secure Communities.

Under these programs, local police have helped ICE ensnare thousands of people in an indiscriminate deportation dragnet — the opposite of the limited approach the Biden administration has promised. Here’s how: Being in the business of immigration enforcement incentivizes local police to make pretextual arrests on state or local criminal grounds — with the actual goal of identifying immigrants to detain for ICE’s deportation. It emboldens law enforcement officers across the country to use immigration enforcement as a means of threatening and harassing people in immigrant communities. Racial profiling, harassment, and constitutional violations have resulted, as congressional hearings have detailed.

Local police jail people on ICE detainers, which ICE agents issue unilaterally with no outside review. ICE uses detainers in local jails as a “stop gap measure” to give the agency time to pick up people encountered by local police, despite often lacking probable cause to believe they are deportable. This is one reason why so many U.S. citizens and immigrants have been wrongfully detained by local police on behalf of ICE.

It doesn’t have to be this way. These ICE programs are in many ways a vestige of the post-9/11 era of government overreach and destruction of civil rights. ICE turned to state and local law enforcement, claiming “terrorism” concerns as justification in a strategy championed by Kris Kobach. Here, as in so many instances, “terrorism” was simply cover for the government to expand its powers and engage in biased profiling — not make us safer.

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Tuesday, February 9, 2021 - 11:00am

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The systemic abuses of ICE make communities less safe — especially when they act in tandem with law enforcement through programs like 287(g), ICE detainers, and Secure Communities.

Join the Palm Beach Chapter of the ACLU of Florida for our virtual 2021 Annual Meeting and Glasner Award ceremony on Sunday, March 14. We are thrilled to present our Glasner Award to Mark Schneider, president of the Palm Beach Chapter, for lifetime contributions to civil liberties in Palm Beach County.

Our featured speaker for the virtual event will be Dr. Micah Kubic, executive director of the ACLU of Florida. Mark Schneider, president of the Palm Beach Chapter, will review the year in civil liberties in Palm Beach County.

ACLU members will also have a chance to vote on candidates for the chapter board. Biographies for chapter board nominations can be viewed online.

RSVP to receive the Zoom event details. Upon registration, you will receive a confirmation email with the Zoom details.


Chapter Board Nominations

The nominating committee of the PBC ACLU proposes the following slate of candidates for election to the Board in 2021. Incumbent members are indicated by an asterisk. Nominations will be accepted from the floor, but according to our by-laws, nominees must have attended three board meetings in the past year or three meetings of standing committees or a  combination of both.

  • *James Green: James K. Green has been practicing law in Palm Beach County for 38 years.  He was former Legal Director of the Florida ACLU and was its President from 1993 to 1996. He is also a former Chair of the State Legal Panel and has been Chair of the Palm Beach Chapter Legal Panel for more than 30 years.
     
  • *Leonard Gross:  Leonard Gross is an Emeritus Professor of Law at Southern Illinois University School of Law. Before joining the faculty at Southern Illinois University in 1983, Professor Gross clerked for Judge Frederick L. Brown of the Massachusetts Appeals Court from 1976 to 1977, and practiced corporate litigation with the New York City law firm of Shearman & Sterling from 1977 to 1983. He is the author of many legal books and articles. His specialty is legal ethics. Leonard Gross is a member of the Palm Beach chapter of the ACLU where he serves on the legal panel. As a member of the legal panel, he has done research and written legal briefs and memoranda. On behalf of the ACLU he also has given many speeches to the community on civil liberties topics. He has also served as a legal observer on protest marches. Professor Gross is past president of the Southern Illinois Chapter of the ACLU. He is currently on the board of the Jewish Federation of Southern Illinois, Southeast Missouri, and Western Kentucky and is their past president. He has served as a Reporter for the Illinois Judicial Conference and was a member of the Carbondale, Illinois Elementary School board. Leonard Gross has consulted and testified as an expert witness on cases involving legal ethics and legal malpractice. 
     
  • *Marica Halpern: Marcia Halpern serves as the Board’s Treasurer. She has been working with the ACLU’s People Power since the 2018 election on its texting platform. Using that experience, Marcia created a texting 2020 GOTV project for the League of Women Voters of PBC. Also, she has been on the board of Emergency Medical Assistance, Inc. serving as its Treasurer for the past 15 years. 
     
  • *Jill Hanson: Ms. Hanson is a cum laude graduate of Rutgers Law 2005 and practiced labor law in New York and Florida for a total of about 30 years.  she was one of the founders of the first all female law firms in Florida.  After retirement in 2009, she began her volunteer career, serving as a founding board member of El Sol, Jupiter’s Neighborhood Resource Center, as board president, and as a volunteer for among other things, legal services.  She is also on the board, and past board president, of the Florida Immigrant Coalition, and a founder and past board member of the Palm Beach County for Immigrant Rights.  She is also on the board of Esperanza, a new community center in northern West Palm Beach, which assists day laborers.  Finally, she is a member and on the board of PEACE, People Engaged in Active Community Efforts, a justice ministry organization consisting of 20 congregations in Palm Beach.  PEACE has successfully advocated for a funded system to aid victims of wage theft in the county; a reduction in out-of-school suspensions; an increase in civil citations for juveniles accused of non-violent misdemeanor offenses.  We are currently advocating to expand the Community ID program, and to get police departments to track traffic stops by race and ethnicity, to determine whether racial profiling is happening.  She’s served on the local ACLU board for three terms; and previously, in the 1990’s.  She received the Harriet Glasner award, in 2012, and the Hon. Jose Labarga award from the Palm Beach County Hispanic Bar Association.
     
  • *Marcia Hayden: Marcia is currently a chapter representative to the State Board and serves as its secretary. Marcia’s experience includes work in the nonprofit, educational and political field. She is an active member of her community. She serves on several boards and committees, including Village of Wellington Education Committee, American Civil Liberties Union (ACLU)-Florida, ACLU-Palm Beach County Chapter, Wellington Shores Homeowners Association, and a Commissioner on the Palm Beach County Planning Commission. For the past 20+ years she has actively participated in getting out the vote and developing political campaigns materials. In the past she coordinated and worked diligently on the Rights Restoration Project in Palm Beach County, holding Rights Restoration workshops across the county while partnering with various legal organizations; she has lobbied and raised funds for nonprofit organizations and causes including Amendment 4. During the last election, she worked with the ACLU of Florida and the League of Women Voters in Palm Beach County to create a plan for outreach to minority communities and returning citizens in Reference to Amendment 4. For the past 2+ years she has volunteered with the Americans for Immigrant Justice to conduct immigration legal screening clinics that offer free consultation to determine if residents are eligible for any immigration relief and/or legal representation and TPS renewals. Marcia Hayden was appointed by the Governor to the Palm Beach County Housing Authority in 2008, where she served as its Chairman from 2013-2015. Marcia has been an active member of Alpha Kappa Alpha Sorority since 1974. A wife, mother, and grandmother, Marcia and her husband Frank are proud parents of 4 children and 5 grandchildren.
     
  • *Turia Hayden: Turia Hayden has been a part of ACLU for over 15 years.  She has participated in a host of different planning committees and has served as an at-large delegate to the State Board.
     
  • *Art Levin: Presently, Mr. Levin is Executive Director of Cambodian NGO that aids land mine victims and consultant to governments and private sector on climate change and international law.  Formerly, Chief of Staff of the International Telecommunication Union, a United Nations specialized agency in Geneva, Switzerland, General Counsel of the OECD in Paris, senior investigating attorney with the Federal Trade Commission and private practice.  Adjunct professor of law at the University of New Hampshire Law Center (1998-2005) and visiting professor at University of San Diego Law School.
     
  • *Hazel Lucas: Ms. Lucas is the managing attorney of Florida Rural Legal Services. She graduated from Rutgers University and the Temple University School of Law. She has been associate counsel for the Palm Beach County School Board and an Adjunct Professor at Nova Southeastern School of Law. She is now serving as a member of the Legal Panel of the Chapter.
     
  • *Rick Mades: Rick is the owner and director of Maine Arts Camp (maineartscamp.com), an overnight camp for youth ages 9-16. Rick started the camp in 2004 after being in the camping industry for over 20 years. The camp is geared toward bright and creative kids and teens, with extensive program offerings in the visual arts, performing arts, culinary arts, film photography, film making, writing and more. Rick does all the hiring and most of the camper recruiting. The camp generally has about 70-85 campers each two-week session, along with 35 staff. Maine Arts Camp is located on the campus of Thomas College in Waterville, Maine. Rick is a Florida Supreme Court certified county mediator (since 2014) and circuit civil mediator (2020). He also is a FINRA arbitrator (2019). Rick has been working in the 15th Circuit courts on a weekly basis since 2014, mainly in South County. Most of over 400 cases he has mediated have been landlord-tenant, along with many HOA/Condo, small claims and whatever other cases end up in county court. Rick has both undergraduate (B.A. in Economics - 1983) and graduate (M.A.T. with a mathematics concentration - 1990) from Tufts University (Massachusetts). 
     
  • *Manjunath Pendakur: Mr. Pendakur is a retired professor of film and media studies and has also served as dean at three public universities in the US and Canada.  He has published a number of books and articles dealing with the political economy of the media. Educated in India, Canada and the U.S., Pendakur was instrumental in founding a human rights organization in Chicago known as India Alert and the Union for Democratic Communications, an academic organization.  He has been committed to equity, diversity and civil liberties all his adult life.  Currently Pendakur serves as Vice President of two boards in Palm Beach County - the Friends of Gumbo Limbo and Friends of the Boca Raton Public Library.
     
  • Susan Riley: Ms. Riley's Interest in social justice started during the civil rights movement in the 1960s and resulted in her career as a university professor and a writer and producer of public television documentaries. Her documentaries include; The Fear Inside, about domestic violence ( WBRA, Roanoke, VA;)  Hometown in Peril, about a hazardous waste dumpsite ( WPTO, Cincinnati and WPTD, Dayron, OH;) Transcending the Boundaries, about Bessie Coleman, the first African American aviatrix ( WPTO, Oxford, OH;)  and Gail Della Piana: Art & Identity, about an African American artist who built structures in two villages in Ghana and eventually became their Queen Mother (National Museum of Women In the Arts, Washington, D.C. .) As a university professor she taught courses about documentaries & civil rights and scriptwriting at Virginia Tech and Miami of Ohio and finally, became the Director of the School of Communication & Multimedia Studies at FAU for 12 years. After returning to teaching, she was the Chief Bargainer for the FAU chapter of United Faculty of Florida until she retired. Presently, she volunteers at Florence Fuller Child Development Center and Boca Helping Hands and is a member of the Boca Raton Library Board. She would like to continue her work for social justice by joining the Board of the Palm Beach chapter of the ACLU, an organization she has supported during her years in Boca Raton.
     
  • *Marsha Vinson: Marsha is currently serving  her 2nd term as Secretary of the Palm Beach County Chapter of the ACLU of Florida.  She also serves on the Intake Committee of the Legal Panel of the ACLU of Florida's Palm Beach County Chapter.  Marsha was recruited as a Florida Campaign for Criminal Justice Reform Ambassador and participated in the Criminal Justice Volunteer Institute.  She was invited to attend the Criminal Justice Reform Lobby Day in Tallahassee. Marsha was Gun Safety Chair for the League of Women Voters Palm Beach County Chapter.  She was a League Speaker and News Reporter.  She served as President, Kings Point Civic Association on Long Island.  She was a Parent Member (mother of 4), New York State Committee on Special Education.  She is a sports enthusiast – following University of Michigan teams and professional tennis and ice hockey. Marsha worked for Surrogate Millard Midonick in New York City.  She was recruited as a Nader Raider for the Congress Project.  She holds a JD, a Masters in Medical Informatics, and a Care Coordinator Certificate, Palm Beach County Medical Society.   She was featured in The Wall Street Journal (1/13/13). Marsha’s growing involvement in the ACLU is a natural progression in her activism – her favorite subject in law school was Constitutional Law.  As a long term community leader and advocate, she has consistently demonstrated strong passion for the protection of civil liberties and individual rights.

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Sunday, March 14, 2021 - 2:00pm to
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ReNika Moore, Director, ACLU's Racial Justice Program

Rakim Brooks, Senior Campaign Strategist & Systemic Equality Campaign Manager, ACLU

Over the past four years, we grew accustomed to a regular barrage of blatant, segregationist-style racism from the White House. Donald Trump tweeted that “the Squad,” four Democratic Congresswomen who are Black, Latinx, and South Asian, should “go back” to the “corrupt” countries they came from; that same year, he called Elizabeth Warren “Pocahontas,” mocking her belief that she might be descended from Native American ancestors. But as outrageous as the racist comments Trump regularly spewed were, the racially unjust governmental actions his administration took and, in the case of COVID-19, didn’t take, impacted millions more — especially Black and Brown people.

To begin to heal and move toward real racial justice, we must address not only the harms of the past four years, but also the harms tracing back to this country’s origins. Racism has played an active role in the creation of our systems of education, health care, ownership, and employment, and virtually every other facet of life since this nation’s founding.

Our history has shown us that it’s not enough to take racist policies off the books if we are going to achieve true justice. Those past policies have structured our society and created deeply-rooted patterns and practices that can only be disrupted and reformed with new policies of similar strength and efficacy. In short, a systemic problem requires a systemic solution. To combat systemic racism, we must pursue systemic equality.


What is Systemic Racism?

A system is a collection of elements that are organized for a common purpose. Racism in America is a system that combines economic, political, and social components. That system specifically disempowers and disenfranchises Black people, while maintaining and expanding implicit and explicit advantages for white people, leading to better opportunities in jobs, education, and housing, and discrimination in the criminal legal system. For example, the country’s voting systems empower white voters at the expense of voters of color, resulting in an unequal system of governance in which those communities have little voice and representation, even in policies that directly impact them.

Systemic Equality is a Systemic Solution

In the years ahead, the ACLU will pursue administrative and legislative campaigns targeting the Biden-Harris administration and Congress. We will leverage legal advocacy to dismantle systemic barriers, and will work with our affiliates to change policies nearer to the communities most harmed by these legacies. The goal is to build a nation where every person can achieve their highest potential, unhampered by structural and institutional racism.

To begin, in 2021, we believe the Biden administration and Congress should take the following crucial steps to advance systemic equality:

Voting Rights

The administration must issue an executive order creating a Justice Department lead staff position on voting rights violations in every U.S. Attorney office. We are seeing a flood of unlawful restrictions on voting across the country, and at every level of state and local government. This nationwide problem requires nationwide investigatory and enforcement resources. Even if it requires new training and approval protocols, a new voting rights enforcement program with the participation of all 93 U.S. Attorney offices is the best way to help ensure nationwide enforcement of voting rights laws. These assistant U.S. attorneys should begin by ensuring that every American in the custody of the Bureau of Prisons who is eligible to vote can vote, and monitor the Census and redistricting process to fight the dilution of voting power in communities of color.

We are also calling on Congress to pass the John Lewis Voting Rights Advancement Act to finally create a fair and equal national voting system, the cause for which John Lewis devoted his life.

Student Debt

Black borrowers pay more than other students for the same degrees, and graduate with an average of $7,400 more in debt than their white peers. In the years following graduation, the debt gap more than triples. Nearly half of Black borrowers will default within 12 years. In other words, for Black Americans, the American dream costs more. Last week, Majority Leader Chuck Schumer and Sen. Elizabeth Warren, along with House Reps. Ayanna Pressley, Maxine Waters, and others, called on President Biden to cancel up to $50,000 in federal student loan debt per borrower. We couldn’t agree more. By forgiving $50,000 of student debt, President Biden can unleash pent up economic potential in Black communities, while relieving them of a burden that forestalls so many hopes and dreams. Black women in particular will benefit from this executive action, as they are proportionately the most indebted group of all Americans.

Postal Banking

In both low and high income majority-Black communities, traditional bank branches are 50 percent more likely to close than in white communities. The result is that nearly 50 percent of Black Americans are unbanked or underbanked, and many pay more than $2,000 in fees associated with subprime financial institutions. Over their lifetime, those fees can add up to as much as two years of annual income for the average Black family. The U.S. Postal Service can and should meet this crisis by providing competitive, low-cost financial services to help advance economic equality. We call on President Biden to appoint new members to the Postal Board of Governors so that the Post Office can do the work of providing essential services to every American.

Fair Housing

Across the country, millions of people are living in communities of concentrated poverty, including 26 percent of all Black children. The Biden administration should again implement the 2015 Affirmatively Furthering Fair Housing rule, which required localities that receive federal funds for housing to investigate and address barriers to fair housing and patterns or practices that promote bias. In 1980, the average Black person lived in a neighborhood that was 62 percent Black and 31 percent white. By 2010, the average Black person’s neighborhood was 48 percent Black and 34 percent white. Reinstating the Obama-era Fair Housing Rule will combat this ongoing segregation and set us on a path to true integration.

Congress should also pass the American Housing and Economic Mobility Act, or a similar measure, to finally redress the legacy of redlining and break down the walls of segregation once and for all.

Broadband Access

To realize broadband’s potential to benefit our democracy and connect us to one another, all people in the United States must have equal access and broadband must be made affordable for the most vulnerable. Yet today, 15 percent of American households with school-age children do not have subscriptions to any form of broadband, including one-quarter of Black households (an additional 23 percent of African Americans are “smartphone-only” internet users, meaning they lack traditional home broadband service but do own a smartphone, which is insufficient to attend class, do homework, or apply for a job). The Biden administration, Federal Communications Commission, and Congress must develop and implement plans to increase funding for broadband to expand universal access.

Enhanced, Refundable Child Tax Credits

The United States faces a crisis of child poverty. Seventeen percent of all American children are impoverished — a rate higher than not just peer nations like Canada and the U.K., but Mexico and Russia as well. Currently, more than 50 percent of Black and Latinx children in the U.S. do not qualify for the full benefit, compared to 23 percent of white children, and nearly one in five Black children do not receive any credit at all. To combat this crisis, President Biden and Congress should enhance the child tax credit and make it fully refundable. If we enhance the child tax credit, we can cut child poverty by 40 percent and instantly lift over 50 percent of Black children out of poverty.

Reparations

We cannot repair harms that we have not fully diagnosed. We must commit to a thorough examination of the impact of the legacy of chattel slavery on racial inequality today. In 2021, Congress must pass H.R. 40, which would establish a commission to study reparations and make recommendations for Black Americans.

The Long View

For the past century, the ACLU has fought for racial justice in legislatures and in courts, including through several landmark Supreme Court cases. While the court has not always ruled in favor of racial justice, incremental wins throughout history have helped to chip away at different forms of racism such as school segregation (Brown v. Board), racial bias in the criminal legal system (Powell v. Alabama, i.e. the Scottsboro Boys), and marriage inequality (Loving v. Virginia). While these landmark victories initiated necessary reforms, they were only a starting point. Systemic racism continues to pervade the lives of Black people through voter suppression, lack of financial services, housing discrimination, and other areas. More than anything, doing this work has taught the ACLU that we must fight on every front in order to overcome our country’s legacies of racism. That is what our Systemic Equality agenda is all about.

In the weeks ahead, we will both expand on our views of why these campaigns are crucial to systemic equality and signal the path this country must take. We will also dive into our work to build organizing, advocacy, and legal power in the South — a region with a unique history of racial oppression and violence alongside a rich history of antiracist organizing and advocacy. We are committed to four principles throughout this campaign: reconciliation, access, prosperity, and empowerment. We hope that our actions can meet our ambition to, as Dr. King said, lead this nation to live out the true meaning of its creed.

Date

Monday, February 8, 2021 - 11:45pm

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