Can't Protect Itself
American Civil Liberties Union of Virginia, News Release
July 12, 2007
ACLU Urges Prince William County Human Rights Commission to Oppose Anti-Immigrant Resolution
Civil liberties organization says resolution passed by the County Board of Supervisors runs counter to principles of equality and Commission’s goals
Richmond, VA - The ACLU of Virginia today urged members of the Prince William County Human Rights Commission to oppose the anti-immigrant resolution passed by the County’s Board of Supervisors on Tuesday. The Commission meets tonight to discuss the proposal. Citizens will be allowed to speak.
“By effectively targeting for discrimination the entire Latino community, this resolution violates the core principle of equal protection under the law,” said ACLU of Virginia executive director Kent Willis “The proposed measure will not solve the problems of illegal immigration and will likely worsen problems for the County by forcing people to operate in the shadows of society rather than integrate into the community.”
“The Human Rights Commission was established to ensure that the rights of all Prince William community members are protected under the law and that they are afforded an ‘equal opportunity to participate in the benefits, rights, and privileges of community life,’” added Willis. “It is our hope that the Commissioners will see that this resolution runs counter to their mission, and that they will let the Board of Supervisors know that.”
The proposed measure requires police officers to inquire about the immigration status of any person they detain if they have probable cause to believe the person is in violation of federal immigration law. It also permits county personnel to check a person's immigration status to determine eligibility for federal, state, or local benefits.
A copy of the ACLU’s letter, faxed this afternoon to Prince William County Human Rights Commission Chair Curtis O. Porter can be found below.
Contact: Kent Willis, (office) 804/644-8022
July 12, 2007
Via Facsimile (703/792-6944) and U.S. Mail
Curtis O. Porter, Chair
Human Right Commission
Dr. A. J. Ferlazzo Building
15941 Donald Curtis Drive, Suite 125
Woodbridge, VA 22191
RE: Resolution on Illegal Immigration
Dear Mr. Porter:
It is my understanding that the Prince William County Human Rights Commission will address at its meeting tonight the resolution on illegal immigration that was approved by the Board of Supervisors on Tuesday, July 10. I am writing to urge you to oppose the resolution in the whole because it is diametrically at odds with the Commission’s core mission of ensuring that “each citizen is treated fairly, provided equal protection of the law and equal opportunity to participate in the benefits, rights and privileges of community life.”
While ostensibly an ordinance to reduce crime and economic hardship associated with the presence of undocumented immigrants in Prince William County, comments from members of the Board of Supervisors and from many of the citizens who testified at Tuesday’s hearing suggest that the ordinance is in reality an adverse reaction to Prince William County’s growing Latino population, the vast majority of whom are here legally, do not commit crimes, and provide an economic benefit to the community. This kind of broad stroke discrimination on the basis of national original runs afoul of the core principles of equality found in the U.S. Constitution, and state and federal civil rights laws.
Tainted by its intent, the resolution is likely to be implemented in a manner that discriminates against Latinos and others in Prince William who appear to have been born in a foreign country, even if the language of the resolution is altered significantly.
At Tuesday’s public hearing, the Prince William County Chief of Police Charlie Deane warned members of the Board of Supervisors that the resolution is likely to undermine community policing in the Latino community by destroying the trust Latinos have in local law enforcement. Crimes will increase, Deane said, because victims will be afraid to report them and witnesses will not come forward.
Deane also stated emphatically that the resolution will increase the perception that the Prince William County government is racist.
I was frankly surprised at the xenophobia expressed by citizens who spoke in favor of the resolution on Tuesday, most of whom did not distinguish between illegal and legal immigrants. Comments such as, “They don’t live the way I live,” and “What am I going to do when they take over,” were references to the growing Latino community in Prince William County, not to illegal immigrants.
These are the very ideas and perceptions the Human Rights Commission was created to fight.
While, we hope that you will use this opportunity to express your opposition to the entire resolution, there are two provisions that concern the ACLU above others.
The first is the requirement that police officers seek information about the immigration status of detained persons “if there is probable cause to believe such person is in violation of federal immigration law.” This provision is an invitation to profile based on national origin. Probable cause, no matter how it is defined, is likely to be fueled by skin color and national origin.
The second is allowing government personnel to inquire about the immigration status of persons seeking to use public services, such as libraries and recreational facilities, that do not fall in the category of services clearly not available to undocumented immigrants (such as Food Stamps or Medicaid) or those that are clearly available to them (such as public education and emergency medical care). This too is a recipe for profiling on the basis of national origin, as it is unlikely that government employees will choose to inquire about the immigration status of anyone other than minorities.
For all of these reasons, the ACLU of Virginia urges you to oppose the resolution.
Sincerely,
Kent Willis
Executive Director