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ACLU to appeal decision calling stop of immigrants lawful

11:45 AM Wed, Dec 31, 2008 |
Maria Armental    Email

PROVIDENCE, RI -- The American Civil Liberties Union plans to appeal a court decision that found the State Police acted lawfully during a July 2006 traffic stop that led to the detention of 14 Guatemalan nationals on immigration violation charges.

The ACLU filed the lawsuit in federal court last January on behalf of 11 of the immigrants alleging racial profiling and violation of the constitutional rights.

U.S. District Judge Mary Lisi ruled yesterday that the officers' conduct was lawful.

A state trooper stopped the van for allegedly speeding on Route 95, and then alerted ICE agents. The passengers, who did not speak English, said they were going to work in Westerly.

The trooper cited the driver for failing to signal a lane change.

"This was a classic case of racial profiling," said Steven Brown, executive director of the Rhode Island Affiliate of the ACLU. "The driver's license and registration were in perfect order, so the continued interrogation of the passengers was clearly based solely on their ethnicity.

"It is distressing that these serious claims have been summarily dismissed, for it only demonstrates the difficulties racial minorities face in vindicating their right to equal protection of the laws."

Brown pointed to a series of reports issued by Northeastern University and the RI ACLU that show racial minorities in Rhode Island are more likely than whites to be stopped and searched by police, even though they are less likely to be found with contraband.

In a prepared statement released this afternoon, Attorney General Patrick C. Lynch credited Lise for making "a proper and professional ruling in this sensitive matter and I am grateful for her decision."

"While the law enforcement community is sensitive to and must remain sensitive to immigration issues, they must also be able to do their jobs," Lynch said. "This ruling affirms that this case was a proper law enforcement action by a well-trained State Trooper."

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Comments

Jodi said:

Mr. Brown, as usual, is looking out for the "rights" of the wrong segment of the population. These people are here illegally - what is there to defend? They made the choice to come here through the back door, or stay after their right to do so expired, and should be found out, deported and that is that. The police were doing their job - they stopped these people for a violation and they could not produce proper identification - end of story.



katarina said:

Oh yeah..we must protect those illegals. They have rights....oh wait, they DON'T have rights. They are NOT American citizens, so what rights do they have?? I wish the ACLU would worry about American citizen rights for a change, and not criminals!!

Racial profiling? Give me a break!! Someone needs to slap the ACLU with reality!



Ben said:

Under our constitution they do have rights. That is one of the many reasons why our constitution is an emblem of free and revolutionary thought. If you want to change the constitution, that is one thing, in fact it is one of your privileges (not a right though).

As both before me have said, being here illegally is, well, a crime. But the ACLU is the penultimate institution that protects our freedom against government overreach.

Despite the best efforts of the ACLU, any one of us can be arrested and held indefinitely without charge or access to lawyers, if anyone - say a coworker or estranged spouse - says you planned to do something crazy.

Why you people attack the poor and motivated, I don't understand. Why you think that they are ruining your lives, is a sordid mystery. Why you are not out there protesting or at least 'posting' to protect your own rights, is beyond me.

"What is there to defend?" "What rights?" Next time your headlight goes out and you are pulled over, should you have to prove where you live, prove your ethinicty, prove you citizenship (or think about when and how your family got here), prove your sexual orientation? You don't even know what our constitution says (either state or federal). That is the whole point. They do have these rights, even without being citizens. It doesn't mean they get to stay, but they have rights.

If any of you ever leave this country for a visit (or even the state) consider how you would like Canada or France or even Mexico to treat you. I realize the response to this is: "Well I won't commit a crime." You might without even knowing it or you could simply be accused. Then you will understand why rights extend to people beyond citizens. Not all rights but the most basic ones for sure.



nancy said:

It is time for Steve Brown to move to California or Arizona, better yet, Mexico or South America. We all want our lawful rights protected and I admire the work that the ACLU performs however Mr Brown has stretched the view of legal rights and slid it over to moral rights. That is not his job. Protect our laws,respect the hard working legal residents of this country either born here or courageously and legally immigrated here over the years. If Mr Brown cannot do this, move him out. Nancy



David said:

It never surprises me to what extent this anti-American, anti Christian, pro secular group will go to try and destroy America. This hate group is not there to protect anyone's rights. They want to establish a secular country where there would be no God, no religion, no respect for patriotism, no right or wrong, and no respect for family or traditional marriage.

If you examine their actions, you will soon know that their motives are not to protect individual rights. They are and should be considered a hate group. You Mr.Brown, represent all that is going wrong in our country. But good will always prevale. Our country is stronger than the ACLU. I feel sorry for you, Mr. Brown. You must be a very lonely person.



biker said:

I realize that these people are looking for a better life but if they do it illegally then they need to deal with the consequences. The US Constitution was written by the people of the US FOR the people of the US. If they do not want to be citizens in this country, they shouldn't be given the opportunities available to citizens of this country. Those opportunities must be earned.



john said:

Hey morons, I know this is hard for you to understand, but they are protecting the rights of ALL Americans. There are plenty of dark skinned Americans living here LEGALLY who don't want to be stopped constantly and asked "papers please" simply because they resemble the profile of an illegal immigrant. Just because you hate illegals dosen't mean we should give up our constitutional rights and create a police state. Sheesh, grow a brain.



TC said:

Ben:

That made no sense. If I were in Canada or France on a visit, then I would have a passport (France)or at least have visited the customs portal in Canada or Mexico. I would not be there illegaly.



mike said:

I guess some of the haters have crawled out from under their rocks. My thoughts are similar to Ben’s, so I won’t rehash what he has already stated. The U.S Supreme Court first ruled on this in 1896 I think. Do the research. After reading these it occurred to me that I have on a few occasions switched lanes without signaling. I also notice many, many people doing the same. I have never been cited nor do I know of anyone who has been cited for this. Of course I am white. It seems to me this was an excuse to pull these people over.




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