Articles Tagged ‘Racial Justice’

FOR IMMEDIATE RELEASE:Friday, May 15, 2009

CONTACT: Peter Simonson, ACLU of New Mexico (505) 266-5915 x1002; or ACLU Volunteer Attorney, Mike Lilley (575) 524-7809

LAS CRUCES—The ACLU of New Mexico sued officers of the New Mexico Motor Transportation Division (MTD) for targeting vehicles driven by African Americans for inspections, searches and detentions at the MTD port of entry in Lordsburg, New Mexico.  The lawsuit stems from an August 15, 2008 incident in which MTD officer Ben Strain stopped and cited truck driver Curtis Blackwell for the alleged violation of carrying alcohol in a commercial vehicle, even though the containers were unopened.  After receiving contact from Blackwell, ACLU volunteer attorneys Michael Lilley and Michael Stout uncovered evidence that MTD officers in the Lordsburg division stopped and booked a disproportionately high number of African American truck drivers compared to the general population of truck drivers passing through the port of entry.

“For years we’ve suspected that race played an improper role in vehicle inspections at the Lordsburg station,” said Lilley.  “Mr. Blackwell’s experience confirmed our suspicions and gave us reason to look into the matter in depth.  What we discovered was a clear and consistent pattern of racial disparity favoring the booking of African American truck drivers.”

Data the attorneys obtained through Hidalgo County Detention Center records shows that, between April 2005 and March 2008, 20 percent of all bookings by MTD agents at the detention center were African American, while African Americans represented only 2 percent of bookings by other law enforcement agencies.  Most of the MTD bookings were truck drivers.

Legal papers filed by the ACLU claim that “virtually every truck driver charged criminally in federal court who was arrested by an MTD officer stationed in Lordsburg is African American/Black.”

“Targeting motorists on the basis of race is a lose-lose proposition,” said ACLU Executive Director Peter Simonson.  “Not only does it breed resentment and mistrust towards police in the community, but it also fails as a method of police investigation.  Studies of traffic stops and searches show that people of color are no more likely to be involved in criminal activity than whites.”

In addition to charges of discrimination, the ACLU lawsuit alleges that Officer Strain and the citation violated Blackwell’s due process rights by pressuring him to sign his guilt on the citation under threat of arrest and seizure of his vehicle.  Blackwell agreed to pay the penalty and signed the citation.

Filed in federal court, the lawsuit seeks compensatory and punitive damages, expungement of the citation from Blackwell’s record, and a declaration that the citation is unconstitutional.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.

FOR IMMEDIATE RELEASE: Thursday, January 22, 2009
CONTACT: Whitney Potter (505) 266-5915 ext. 1003 or wpotter@aclu-nm.org

TUCSON, AZ—The American Civil Liberties Union (ACLU) of New Mexico today ended litigation against U.S. Customs and Border Protection (CBP) authorities on behalf of two CBP agents. Supervisory Agents Juan Curbelo and William Leafstone, Jr. were returned to their regular positions this week and had all job privileges restored.

“We’re delighted our clients got the relief they wanted and deserved:  full restoration of their job duties,” said Peter Simonson, executive director of the ACLU of New Mexico. “Agents Curbelo and Leafstone rightfully spoke up against stopping vehicles without reasonable suspicion. This lawsuit brought to light that the practice of ‘shotgunning traffic’ is clearly unconstitutional.”

In December 2006, Curbelo’s ex-wife, Concepcion Curbelo, and his children were stopped by a Border Patrol agent during a “shotgunning” patrol near Rodeo, New Mexico.  The agent arrested Ms. Curbelo for allegedly possessing and trafficking marijuana, and took her to the Border Patrol station in Lordsburg.  A short time later, agent Curbelo received a copy of the incident report regarding his ex-wife’s arrest.  Both he and Agent Leafstone noted inconsistencies in the report that, they concluded, were intended to cover up the fact that Ms. Curbelo was stopped without reasonable suspicion.  A federal judge in New Mexico agreed and suppressed the evidence against Ms. Curbelo.

Agent Curbelo reported his concerns to the Office of the Inspector General, in January 2007.  Agent Leafstone testified at Ms. Curbelo’s hearing regarding the practice of “shotgunning traffic.”  The Border Patrol subsequently removed their badges and placed them on administrative duties. After initially receiving a notice that they might be terminated, the Agents ultimately received only minor disciplinary actions and then were fully restored to their jobs this week by their Chief.

The ACLU lawsuit was filed by Staff Attorney George Bach (ACLU-NM) and co-counsel Dan Pochoda (ACLU-AZ) on May 21, 2008 in U.S. District Court in Tucson, Arizona.

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The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship.

Related Documents:

html: Press Release (May 21, 2008)

Sheriff’s Department Agrees to Revise Operational Procedures Concerning Immigrants

ACLU Applauds Recommendations And Demands Immediate Action

FOR IMMEDIATE RELEASE
March 7, 2008
CONTACT: Whitney Potter (505) 266 5915 ext. 1003

GENEVA—A United Nations committee today issued a strongly worded critique of the United States’ record on racial discrimination and urged the government to make sweeping reforms to policies and laws affecting racial and ethnic minorities, women, and immigrants in this country. The ACLU called on the U.S. government to take vigorous steps to implement the committee’s recommendations and fulfill its human rights treaty obligations.

“The message from the U.N. human rights committee is clear when it comes to the U.S.’ record on human rights and racial equality – the government can’t just talk the talk but must also walk the walk,” said Jamil Dakwar, Advocacy Director of the ACLU Human Rights Program. “To claim the high moral ground and assert leadership on the issue of human rights, the U.S government must address the systemic discrimination and injustice that exists in its own backyard.”

Representatives of the American Civil Liberties Union were in Geneva last month to testify before the Committee on the Elimination of Racial Discrimination (CERD) on the state of racial and ethnic discrimination in the U.S. The CERD committee, which oversees compliance with an international treaty to end racial discrimination that was ratified by the U.S. in 1994, reviewed testimony and comprehensive “shadow reports” by the ACLU and other human rights groups before issuing its final report.

Among its recommendations, the committee called on the U.S. to:

• Ban all ethnic and racial profiling practices by federal, state and local law enforcement officers;
• Address the problem of school-to-prison pipeline – the problematic trend of funneling many minority children into prison – and encourage affirmative action programs;
• Develop non-penal alternatives to detention to decrease the number of migrants and immigrants in detention;
• Ensure that all non-citizens detained or arrested in the fight against terrorism are properly protected by domestic law that complies with international human rights, refugee and humanitarian law;
• Pass legislation enabling all citizens to vote upon release from incarceration;
• Cease construction of the wall along the U.S. border with Mexico;
• Address violence against Native, minority and immigrant women, especially women who are migrant workers and domestic workers; and
• Pass legislation and enforce labor laws to protect migrant workers from racial discrimination.

Also in Geneva today, the U.N. Special Rapporteur on the Human Rights of Migrants, Jorge Bustamante presented a report on the injustices faced by migrants and immigrants in the U.S., citing immigrant detention policies and facilities that fail to meet international standards and have few protections for the rights of migrant workers.

Last year, Bustamante conducted a three-week fact finding mission at the request of the U.S. government, visiting a detention center in Arizona and meeting with migrant communities, immigrant rights advocates and government officials in California, Arizona, Texas, Georgia, Florida, New York and Washington D.C.. During that time Bustamante was denied entrance to New Jersey’s Monmouth County Correctional Institution and  Texas’s Hutto immigration detention center, a converted prison that houses about 400 immigrants [check the number], including children and asylum seekers. In 2007, the ACLU filed successful federal lawsuits on behalf of 12 children detained at the Hutto facility, charging that the children were subject to inhumane treatment. The U.S. has a history of blocking international experts from access to controversial detention facilities.

“Racially discriminatory practices are still rampant in New Mexico, most notably in the continued practice of local police enforcement of immigration laws,” according to Maria Nape, director of the ACLU of New Mexico’s Southern Regional Office and Border Rights Project.   “Racial profiling and blatant constitutional violations against our immigrant communities should not be tolerated.  We will continue to urge governments at every level to adopt humane policies that do not unfairly target racial or ethnic minorities.”

The Special Rapporteur’s report highlights eliminating mandatory detention of undocumented immigrants and determining whether non-citizens pose a risk to society on a case-by-case basis; and allowing immigrants in detention the chance to have their custody reviewed before an immigration judge.

The ACLU’s report on the state of racial discrimination in the U.S. and other relevant documents can be found online here:www.aclu.org/intlhumanrights/racialjustice/cerd.html

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