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Action Gov't.

People Liberties Lost

Congress abdicates oversight responsibilites, granting 1 0 Separation of powers
President Bush unfettered power to wage war on
terrorism. 9.15.01
Chief Immigration Judge orders closed deportation 1 0i Immigrants' rights
proceedings. 9.21.01 open democracy
Ashcroft memo reduces government compliance with 1 0 Open democracy
Freedom of Information Act requests. 10.11.02
White House asks media outlets not to air tapes of 1 0 Free press
Osama Bin Laden. Major networks comply. 10.11.02
USA PATRIOT ACT, 10.26.01:
1 0
• Wiretap powers expanded, in some cases with 1 0 Privacy, search & seizure
reduced judicial review 1 0 protection
• Law enforcement permitted to indefinitely 1 0 Immigrants' rights, due
1 0 process of law
detain non-citizens based on suspicion of
terrorism Privacy, search & seizure
• "Sneak and Peek" searches authorized protection
without a warrant with low showing of probable Free speech, privacy,
cause search & seizure
• Broad definition of 'domestic terrorism' allows protection
surveillance of political dissenters Privacy, consolidation of
government power
• New information-sharing powers for
intelligence agencies
Ashcroft authorizes monitoring ofattorney-client 1 0 Due process, privacy,
conversations. 10.31.01 right to counsel
Ashcroft orders two questioning dragnets of Middle 2 0ii Equal protection
Eastern and South Asian men. 11.9.01, 3.20.02
Presidential order allows non-citizens to be tried 1 0 Due process, immigrants'
inmilitary tribunals. 11.13.01 rights
Aviation and Transportation Security Act bars non- 1 0iii Immigrants' rights
citizen airport screeners. 11.19.01
Ashcroft orders state and local government not to 1 0iv Open democracy,
release names of people detained since 9/11. 4.18.02 immigrants' rights
Ashcroft's new rules on intelligence-gathering permit: 1 0 Privacy, free speech, due
1 0 process
• 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
President establishes new cabinet-level Department of 1 0v Consolidation of
Homeland Security. 6.6.02 government power
President designates U.S. citizen Jose Padilla an 1 0 Due process
'enemy combatant,' under military jurisdiction. 6.9.02
White House announces Operation TIPS, designed to 1 0vi Privacy, search & seizure
deploy utility workers as government spies.7.15.02 protection
DOJ announces that non-citizens must report change 1 0 Immigrants' rights
of address within ten days. 7.22.02
New DOJ plan requires fingerprinting and registration 1 0 Immigrants' rights
of lawful visitors from mostly Muslim nations.8.12.02
Foreign Intelligence Surveillance Court publicly rejects 0 0vii
DOJ request for broader cooperation and evidence-
sharing between counterintelligence investigators and
criminal prosecutors. 8.22.02
DOJ gains power to deputize local and state police to 1 0 Immigrants' rights
enforce immigration laws in an "emergency," 8.23.03
Govt: People:
TOTAL 23 0
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.