Liberties Lost
Separation of powers

Congress abdicates oversight responsibilites, granting 1 President Bush unfettered power to wage war on terrorism. 9.15.01 Chief Immigration Judge orders closed deportation proceedings. 9.21.01 Ashcroft memo reduces government compliance with Freedom of Information Act requests. 10.11.02 White House asks media outlets not to air tapes of Osama Bin Laden. Major networks comply. 10.11.02 1 1 1

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Immigrants' rights open democracy Open democracy Free press

USA PATRIOT ACT, 10.26.01:
• • • • Wiretap powers expanded, in some cases with reduced judicial review Law enforcement permitted to indefinitely detain non-citizens based on suspicion of terrorism "Sneak and Peek" searches authorized without a warrant with low showing of probable cause Broad definition of 'domestic terrorism' allows surveillance of political dissenters New information-sharing powers for intelligence agencies 1 2 1 1 1 1 1 0 0ii 0 0iii 0iv 0 0 1 1 1 1 1 0 0 0 0 0 Privacy, search & seizure protection Immigrants' rights, due process of law Privacy, search & seizure protection Free speech, privacy, search & seizure protection Privacy, consolidation of government power

Ashcroft authorizes monitoring ofattorney-client conversations. 10.31.01 Ashcroft orders two questioning dragnets of Middle Eastern and South Asian men. 11.9.01, 3.20.02 Presidential order allows non-citizens to be tried inmilitary tribunals. 11.13.01 Aviation and Transportation Security Act bars noncitizen airport screeners. 11.19.01 Ashcroft orders state and local government not to release names of people detained since 9/11. 4.18.02 Ashcroft's new rules on intelligence-gathering permit: • spying on religious and political institutions without any suspicion of criminal activity the purchase of secret records on individuals who are not suspected of a crime. 5.30.02

Due process, privacy, right to counsel Equal protection Due process, immigrants' rights Immigrants' rights Open democracy, immigrants' rights Privacy, free speech, due process

President establishes new cabinet-level Department of 1 Homeland Security. 6.6.02 President designates U.S. citizen Jose Padilla an 'enemy combatant,' under military jurisdiction. 6.9.02 White House announces Operation TIPS, designed to deploy utility workers as government spies.7.15.02 DOJ announces that non-citizens must report change of address within ten days. 7.22.02 New DOJ plan requires fingerprinting and registration of lawful visitors from mostly Muslim nations.8.12.02 1 1 1 1

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Consolidation of government power Due process Privacy, search & seizure protection Immigrants' rights Immigrants' rights

Foreign Intelligence Surveillance Court publicly rejects 0 DOJ request for broader cooperation and evidencesharing between counterintelligence investigators and criminal prosecutors. 8.22.02 DOJ gains power to deputize local and state police to enforce immigration laws in an "emergency," 8.23.03 1 Govt:

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Immigrants' rights




Endnotes: Leveling the Score


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.

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.

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.

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.

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.

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.

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.