Immigration Issues The ACLU of Rhode Island is Involved With - Court Cases, Legislation, News Releases

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Immigration

Almost all of us are the offspring of immigrants to this country. Too often, however, the latest arrivals to our shore face widespread discrimination. When the government can deny legal rights to one group of people, everyone’s rights are at risk.  The ACLU works to ensure that the fundamental constitutional protections of due process and equal protection apply to every person, regardless of race, ethnicity, place of origin, or spoken language.

Immigration in the News

  • Jun, 13, 2017: ACLU of RI Statement on ICE Agent Arrest of Immigrant at Providence Courthouse
  • May, 09, 2017: Thirteen Organizations Call on Top State Officials to Protect RI Immigrants
  • Apr, 12, 2017: ACLU of Rhode Island Files Lawsuit Demanding Documents on Implementation of Trump Muslim Ban

View All Immigration Related News Releases »

Immigration Related Court Cases

2017: ACLU v. U.S. Customs and Border Protection
Category: Active Case    Discrimination    Racial/Ethnic Discrimination    Immigration    Open Government    


About This Case:
This is a lawsuit demanding government documents about the on-the-ground implementation of President Trump's Muslim bans.  Filed on behalf of six New England ACLU Affiliates, the lawsuit seeks records from the Boston field office of U.S. Customs and Border Protection (CBP) related to CBP's implementation of President Trump's Muslim bans at T.F. Green, Bradley, Bangor, Burlington, Logan and Manchester airports.

Current Status:
Lawsuit filed in April 2017.

ACLU Attorney:
Zachary Heiden, Legal Director, ACLU of Maine

Supporting Documents
2012: Morales v. Chadbourne
Category: Active Case    Discrimination    Racial/Ethnic Discrimination    Due Process    Immigration    


About This Case:
"When I found out that I was being detained for immigration reasons, I was shocked,” U.S. citizen and North Providence resident Ada Morales said.  “I told the Rhode Island officials that I’m a U.S. citizen, and I offered to show them my naturalization certificate and passport, but no one would listen. They just assumed they could hold me because of my Guatemalan background and the color of my skin.” 

A lawsuit on behalf of the Ada Morales, a North Providence resident who has twice been detained as a deportable “alien” even though she is a U.S. citizen. The lawsuit alleges that federal Immigration and Customs Enforcement (ICE) officials and Rhode Island officials often bypass Constitutional requirements and safeguards when they detain individuals on immigration grounds.

In February 2014, the U.S. District Court ruled that there are critical constitutional limits on the power of immigration and corrections officials to detain people while investigating their immigration status. In the opinion, U.S. District Judge John J. McConnell, Jr. held that Ms. Morales “has set forth plausible allegations that she was unconstitutionally detained solely based on her national origin and Hispanic last name.” 

Current Status:
In appeals.  In January 2017, a federal court ruled that federal immigration officials and the state of Rhode Island violated the Constitution in detaining a U.S. citizen without probable cause while the federal government investigated her immigration status.

ACLU Cooperating Attorneys:
Mark Freel
Erika Lindberg
Omar Jadwat
Kate Desormeau

Supporting Documents

View All Rights of Immigrants Court Cases »

Related Legislation

State Enforcement of Immigration Laws
Category: 2017    Immigrants' Rights    

During March, the House Judiciary Committee heard testimony on three immigration bills, two of which were aimed to require assistance from state and municipal government in the enforcement of immigration laws. On the other hand, H 5515, introduced by Representative Shelby Maldonado, would set in place protections against any federal mandates to enforce immigration detainers. The ACLU as well as dozens of other individuals and organizations testified in opposition to H 5093 and H 5394 and in support of H 5515.

The ACLU has been a vocal opponent of any legislation or executive orders aimed at forcing municipalities or state police agencies to enforce immigration laws, noting their potential to increase racial profiling and lead to unauthorized arrests of individuals.

E-Verify (H 5195)
Category: 2017    Immigrants' Rights    

The ACLU of RI submitted written testimony in March to the House Labor committee in opposition to a bill making E-Verify use mandatory by Rhode Island employers, and in favor of a bill (H 5195) keeping the E-Verify program voluntary.  E-Verify is a federal program that allows employers to check the names of job applicants in a database to confirm their citizenship status. that The ACLU noted that E-Verify continues to be an error-prone system which disproportionately disqualifies legal workers with Hispanic and Arabic last names, is used by employers to discriminate against potential workers, and still fails to prevent undocumented workers from obtaining employment.