The ACLU Southwest Border affiliates, including the ACLU of California, issued the following joint statement in response to the Senate’s vote to proceed on immigration reform:

The Southwest border affiliates of the American Civil Liberties Union strongly oppose the provisions in the Senate bill that hyper-militarize U.S.-Mexico border communities without  adequate accountability and oversight of border enforcement resources.  The rhetoric of a military-style “surge” on America’s home soil, akin to U.S. military operations abroad , reflects how misguided and offensive the substance of the border enforcement provisions have become.
As amended, S.744 calls for billions of dollars of wasteful spending on border enforcement at a time when border communities are among the safest in the nation, net migration from Mexico is at or below zero, and apprehension rates are near historic lows. The proposal ignores the unprecedented level of investments already made to secure the border and does not provide basic protections that are necessary to prevent the continuation of human and civil rights violations in the border region, which include rampant racial profiling and systemic excessive use of force.
The current version of the bill would appropriate $46.3 billion or $38 billion more than the funding included in the committee-approved version of bill. It will more than double the size of the U.S. Border Patrol at the Southwest border to more than 38,000 agents in 10 years at a cost of $30 billion, mandate the construction and maintenance of hundreds of miles of border fencing at cost of $8 billion; and require a $3.2 billion high-tech surveillance plan using drones and other surveillance technology in border communities.
When America’s school budgets, safety nets, and other vital programs are being cut, we abhor this massive increase in already bloated border enforcement resources. Just last year alone, $18 billion in U.S. taxpayer’s money was spent in border and immigration enforcement—more than all the principal federal law enforcement agencies combined.
As the immigration reform debate continues, we will work to improve accountability and oversight of immigration enforcement and to ensure that robust civil and human rights protections are in place, including:

• Checks and balances on Customs and Border Protection (CBP) use of force:  Requiring better training, public reporting, and prevention of CBP uses of force to prevent unnecessary injuries and deaths, including meaningful accountability and discipline for improper and unlawful use of force.
• Humane detention:  Establishing short-term custody standards to ensure people in custody receive constitutionally guaranteed access to medical care, due process, and reasonable accommodations.
• Accountability systems:  Improving the management and oversight of border forces and pushing for additional mechanisms for ensuring accountability for agents who abuse their authority. For example, by requiring CBP officials in the field and at ports of entry to wear lapel cameras that record all encounters with agents, protecting civilians from abuse and agents from false claims of abuse.
• Reduce CBP authority to engage in warrantless investigative stops, which currently extends to 100 miles from the border, as well as authority to enter private lands within 25 miles of the border.
• End the senseless and exorbitantly expensive prosecution and jailing of tens of thousands of migrants annually who pose no threat to public safety and could be processed administratively rather than sending them to abusive private prisons.

If the bill passes with this offensive “surge” in military resources and treatment of our border communities and without basic checks and balances, the ACLU stands ready to fight for justice and accountability through all legal means. With offices in Brownsville, Las Cruces, Tucson, and San Diego, a Regional Center for Border Rights, the coordination of a bi-national abuse documentation system, and a new Border Litigation Project—along with the partnership of allies and the backing of a strong ACLU National Office and Immigrants’ Rights Project, we are committed to a long-term struggle to win back equal rights for our border communities.

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Striking down “Defense of Marriage Act” will immediately lessen discrimination against LGBT people in New Mexico employed by the federal government.
ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico welcomes the historic overturn of the so-called “Defense of Marriage Act” (DOMA), the legislation that prevents federal recognition of marriages between same-sex couples, as well as the overturn of Proposition 8, the 2008 ballot initiative that banned same-sex couples from marrying in California. The ACLU represented 80-year-old plaintiff Edie Windsor in United States v. Windsor, the case that overturned DOMA, and filed a friend-of-the court brief in Hollingsworth v. Perry, the lawsuit that overturned Prop. 8.
There are more than 1100 places in federal laws and programs where being married makes a difference—from eligibility for family medical leave, to social security survivor’s benefits, to access to health care for a spouse. Today’s decision will make a huge difference in the lives of thousands of legally married gay couples. Married same-sex couples who live in states that recognize their relationships should now be eligible for these benefits and protections.
“This is truly a historic moment for basic fairness in the United States,” said ACLU of New Mexico Executive Director Peter Simonson. “DOMA is the last federal law on the books that mandates discrimination against gay people by the federal government simply because they are gay, and today’s decision takes down its core. It’s a great day for equality and the beginning of the end of official discrimination against lesbians and gay men.“
New Mexico is in a somewhat unique position. Although New Mexico does not yet permit same-sex couples to marry, New Mexico does not bar recognition of the marriages of same-sex couples who legally married in another place.  In addition, the New Mexico Attorney General issued an opinion in 2011 concluding that New Mexico law supports recognition of those marriages and that New Mexico courts likely would rule that those marriages must be respected.  This should mean same-sex couples who are legally married and living in New Mexico are eligible for all federal benefits; however, we cannot know for certain at this time whether the federal government will extend all federal benefits to legally married same-sex couples in New Mexico.
Some New Mexico residents, however, will likely feel immediate effects of the court striking down DOMA, including military personnel and other federal employees. U.S. Army reservist Major Christina Altamirano and her spouse, Jennifer Altamirano, both New Mexico natives, welcomed today’s decision:
“I have served my country for 14 years in the military, including a wartime deployment to Iraq,” said Major Altamirano. “But because of the so-called “Defense of Marriage Act” my wife and children were treated differently than other military families, denied protections, respect and recognition because we are a same-sex couple. After today’s ruling, I finally feel like the country I defend fully honors and recognizes our family’s service and sacrifice.”

Theo Crevenna, the ACLU of New Mexico's longest serving board member, has passed away.
Born in Frankfurt,Germany in 1920, Crevenna fled from the Nazis to Switzerland with his mother during World War II and immigrated to the United States at age 19. After studying at UNM, Theo worked for the Organization of American States (OAS), a multilateral forum dedicated to the advancement of democracy, the promotion of human rights, and the expansion of social and sustainable development in the Americas and the Caribbean. In his 30 years of service at OAS, he served as Chief of the Social Science Section, Deputy Director of the Department of Cultural Affairs, Deputy Director of the Department of Economic and Social Affairs and Director of the Office of Fellowships & Training.
From 1974 to 1978, Theo served on the Human Rights Commission in Fairfax County,Virginia where he witnessed extreme acts of discrimination and segregation. As he worked to reform inequitable practices in employment, housing, education and public accommodations, he garnered a profound interest in civil rights issues and joined the ACLU as a life member in 1975.
Theo’s involvement with the New Mexico affiliate of the ACLU began in 1979 when he joined the board of directors. In the early years, Theo lived in Santa Fe and worked closely with ACLU lobbyist Diane Wood on legislative affairs. He helped to organize a group of volunteers to read every piece of legislation introduced in a legislative session to make sure that no civil liberties violations slipped through unchallenged. The group still functions today. Theo has held numerous leadership positions in the organization and served as Vice President of the affiliate at the time of his death.
Theo was a passionate death penalty abolitionist and champion for the fair treatment of immigrants. He was named “Civil Libertarian of the Year” and received the “Rock of Gibraltar Award” in 1996.
"Theo was the consummate gentleman and diplomat," said ACLU of New Mexico Executive Director Peter Simonson. "He had a special appreciation for decorum and treating others with respect, even if he disagreed with them. At the same time, Theo wouldn’t hesitate to say what was on his mind and raise even uncomfortable issues with an honesty and forthrightness that few of us could match. He constantly looked out for the best interests of the ACLU and would speak passionately, forcefully about the issues he believed in. He was a true leader on the board, and his decades of service to the organization were invaluable. Theo will be missed."