Our mission to defend the Constitution extends to protecting the civil rights and civil liberties of all people, regardless of citizenship status. The 14th amendment specifically includes all people in its promises of due process and equal protection, not just citizens. That’s why, like Maine, ACLU affiliates across New England work to advance and protect the civil liberties of immigrants.
In the Courts:
In both Maine and Massachusetts, ACLU lawyers have fought for healthcare for immigrants. In Maine, when the Maine State Legislature eliminated healthcare coverage for legal immigrants under MaineCare, we stepped in to sue the state on their behalf. Our client, Hans Bruns, is a 65-year old German immigrant who lives in Fort Fairfield and has a rare form of terminal cancer. The implications could also reach the 500+ other legal immigrants who no longer have access to health care coverage. Similarly, the ACLU of Massachusetts argued in Finch v. Commonwealth Health Insurance Connector Authority that excluding resident legal aliens from Commonwealth Care, the state health insurance program, is inconsistent with the guarantee of equality set forth in the Massachusetts Constitution. The state’s Supreme Court ruled early this year that the Commonwealth cannot discriminate against non-citizens when it comes to access to its state health insurance program.
In Legislatures:
In Maine, we led the successful opposition to several anti-immigrant proposals in the Maine State Legislature over the last few years, including a copycat Arizona-style racial profiling bill. Our affiliate in New Hampshire had similar success in defeating a rash of bills that were either discriminatory or exclusionary to immigrant populations. They blocked all anti-immigrant legislation there, including defeat of a two-year moratorium against settlement of any immigrant groups in Manchester.
The ACLU of VT is working towards passage of a bill that repeals a 2004 requirement that the Department of Motor Vehicles check immigration status before issuing licenses.
The ACLU of Rhode Island took a leadership role in defeating an anti-immigrant bill that would have mandated E-Verify use for employers determine eligibility of employees to work in the United States.
In Coalition:
The ACLU of Maine has been a leader in the Maine Immigrants Rights Coalition since its formation in 2005. We have worked also behind the scenes to enlist business leaders and faith leaders for sensible immigration policies and to organize press conferences so that these unusual voices can be heard in the debate. Our neighboring affiliate in New Hampshire worked in a similar coalition there chaired by former Episcopal Bishop of New Hampshire, Gene Robinson. The NHCLU staffer to the coalition is the point person whenever legal issues arise, assisting in recruiting volunteer attorneys and giving legal advice.
In Communities:
This fall, the ACLU of Maine participated in eight community meetings of distinct immigrant groups across the state to listen to their concerns. We heard deep concerns about treatment of immigrants by law enforcement and perceptions of racial profiling as well as a desire for “Know Your Rights” trainings to better inform the communities about their constitutional rights.
The ACLU of Massachusetts has done great work in opposition of the so-called “Secure Communities” program, which promotes racial profiling, jeopardizes public safety, and inhibits economic growth. They maintain a blog about it here http://www.aclum.org/on_liberty_5.9.12 and have produced Spanish language resources on Secure Communities for organizing and outreach to Latino communities statewide.
The ACLU’s Connecticut affiliate has done extensive work around racial profiling and police misconduct—both issues of concern to immigrant populations there. Following numerous reports about police departments’ failure to accept civilians’ complaints of police misconduct, the ACLU of CT surveyed police agencies statewide about complaint procedures. They publicized the results in a comprehensive report with recommendations for reform and advice to communities and civilians who seek to file complaints.
In Connecticut, a Department of Justice investigation uncovered racial profiling and police brutalizing of the Latino community in East Haven. That gave rise to the arrest of four police officers. The settlement agreement they just achieved will be a model for combatting racial profiling and police discrimination—the ACLU of CT is working vigorously with other police departments to put these regulations in place across Connecticut.
