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Bush Administration Vs The US Constitution Scorecard
Bush Administration Vs The US Constitution Scorecard
i
In response to federal suits filed by the ACLU in New Jersey and Michigan, two federal
courts rejected the government's blanket policy on secret deportation hearings, rejecting the
claim that public access would compromise its investigations. The government has
appealed the rulings. On August 26, a federal appeals court struck down the policy in Detroit
News, Inc., et al v. Ashcroft, et al., finding that the policy violates the First Amendment rights
of the plaintiffs, which include Detroit media outlets.
ii
Police departments across the nation, including several in northern California, refused to
cooperate with this investigation, saying that racial profiling was counterproductive and
detrimental to community relations. The first investigation of 5,000 men led to no arrests
related to terrorism charges, but only to a handful of charges for minor visa violations. Since
September 11, a number of leading intelligence specialists have gone on record saying that
racial profiling is an ineffective law enforcement tool.
iii
On January 17, the ACLU Immigrants' Rights Project, the ACLU affiliates of Northern and
Southern California and the SIEU filed suit in federal district court in Los Angeles
challenging the new regulation barring non-citizen airport screeners, which includes legal
permanent residents. At San Francisco International Airport, approximately 80 percent of
airport screeners are non-citizens who could lose their jobs.
iv
In two separate state and federal cases, the ACLU is seeking basic information about the
hundreds of people who have been detained since September 11. In the state case, a New
Jersey judge ruled on March 27 that the government must release the names of hundreds of
detainees in the state. The federal government, which intervened in the case, appealed the
decision. Shortly after the ruling, the Attorney General issued the directive instructing local
governments to keep detainees' names secret. On August 2, a federal district court judge
ordered DOJ to release the names of 751 individuals detained due to immigration violations.
The order has been stayed pending appeal.
v
On June 25, Congress began hearings on the Bush Administration's Homeland Security
proposal. At the insistence of Republican Majority leader Dick Armey, the House version
bans Operation TIPS and a national ID card, and creates a position of privacy office in the
homeland security department.
vi
Following public outcry, Congressional opposition, and the US Postal Services refusal to
participate in Operation TIPS, on August 9 DOJ announced a scale-back of the program. It
will no longer involve workers who have access to people's homes; however, transportation
workers will still be asked to report "tips" to a government hotline.
vii
The government has appealed this ruling. On September 9, the court held an
unprecedented secret hearing at which only the government was permitted to present
argument on whether Attorney General John Ashcroft overstepped constitutional bounds in
conducting surveillance and searches. The ACLU and other organizations intend to file
briefs in the case.
[from http://www.aclunc.org/911/scorecard.html]