Immigrants' Rights

AALDEF believes in immigration policy that adheres to basic human rights principles. This belief resonates throughout our work in this program area. AALDEF is an active voice on immigration policy and immigrant rights issues on a national level and is also among the few groups that provide both direct legal representation and community education to Asian immigrants and their families.

Following September 11, AALDEF met an overwhelming need for legal assistance and information among immigrant communities targeted by each wave of the Department of Homeland Security's National Security Entry-Exit Registration Program (or "Special Registration"). In the decade since, AALDEF has challenged the government's racial, ethnic and religious profiling of Muslims and other select groups of noncitizens in the name of national security. AALDEF has provided legal advice and representation to thousands of individuals affected by post 9-11 immigration policy and educated tens of thousands through major "Know Your Rights" campaigns.

Post 9-11 Civil Liberties
In 2011, AALDEF and the Center for Human Rights and Global Justice at NYU School of Law released a Briefing Paper, Under the Radar: Muslims Deported, Detained, and Denied on Unsubstantiated Terrorism Allegations, that exposes the patterns of the U.S. government's targeting of Muslims through immigration programs and practices, including the National Security Entry-Exit Registration System (NSEERS), the FBI name-check system in the naturalization process, and racial profiling at U.S. borders. AALDEF also monitors and advocates against US Immigration and Customs Enforcement (ICE) policies that entail racial and religious profiling. In 2011, AALDEF, in a joint effort with the Asian Law Caucus, released analysis of hundreds of pages of government documents on ICE's "Third Agency Check" policy. Our analysis revealed that noncitizens in immigration custody from "Specially Designated Countries" are continuously imprisoned until they are cleared by other intelligence agencies, even though there is no evidence that any of them have been charged with a terrorism-related crime.

AALDEF has litigated numerous lawsuits in federal court on behalf of individuals who have had their Constitutional rights violated because of these policies.

Cases and litigation in 2011:

United States v. Hamdan
AALDEF has joined civil rights groups in filing an amicus brief opposing the military commissions at Guantanamo Bay because they discriminate against non-citizens. Read our press release and download the amicus brief here.

NYPD Racial Profiling:
Prompted by a spate of Associated Press news reports on surveillance of Muslim, Arab, and South Asian communities, AALDEF, together with the Brennan Center for Justice and Muslim Advocates filed a request under New York's Freedom of Information Law (FOIL) asking the NYPD to release information on its Intelligence Department's racial profiling activities. Read our press release and download the FOIL request here.

Al Falah Center v. Township of Bridgewater
AALDEF, with co-counsel Arnold & Porter, Archer & Greiner, and the Brennan Center, is challenging a Bridgewater, NJ zoning law that was enacted to prevent the Al Falah Center from building a mosque and community center. Read our most recent press release on the case here or download the complaint.

GO FOIL YOURSELF!

You have a right to know if you, your business, or mosque were amongst the thousands subject to the NYPD's overbroad and bigoted surveillance. Through New York's Freedom of Information Law (FOIL), you can request NYPD's file on yourself -- and AALDEF can help. As part of our GO FOIL YOURSELF campaign, we have provided FAQs and templates that will help you submit your own FOIL, and we would like to hear what you find out so we can take action. Join the numerous community leaders, organizations, business owners, students, activists, and individuals who are taking a stand for NYPD transparency with AALDEF!


Immigration Policy
AALDEF believes that the United States needs to formulate federal immigration policy that fits the realities of the nation and its residents, especially the millions of undocumented who form an essential economic backbone in this country. Efforts to criminalize individuals based on their immigration status should be rejected. In 2006, AALDEF was involved in efforts calling for the reform of national immigration policy, but legislative efforts ultimately failed. However, as reform in health care has shown, the needs and realities of immigrants in the United States also impact other policy concerns and should be addressed by comprehensive reform of immigration policy that honors the language of the UN Declaration of Human Rights: "...a recognition of inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world."

Cases and litigation in 2011:

Lowcountry Immigration Coalition v. Haley
South Carolina immigration enforcement bill SB 20 requires state police officers to check the immigration status of any stopped persons about whose immigration status the officer has "reasonable suspicion" -- effectively requiring them to discriminate on the unconstitutional bases of race and national or ethnic origin. AALDEF has joined other civil rights organizations in signing an amicus brief to prevent SB 20 from taking effect. Read our press release and download the amicus brief here.

Hispanic Interest Coalition of Alabama v. Bentley
Alabama's new anti-immigrant law, considered the harshest in the nation, allows police officers to stop persons "suspected" of being undocumented immigrants and criminalizes giving an undocumented person a ride to a church or hospital. AALDEF and other civil rights groups have filed an amicus brief to stop its enforcement. Read the court documents at the National Immigration Law Center website.

Gonzalez v. State of Arizona
AALDEF filed an amicus brief in Gonzalez v. State of Arizona seeking to overturn Arizona Proposition 200, which requires new voters to provide proof of citizenship. We argued that Arizona Prop 200 violates the National Voter Registration Act, enacted by Congress in part to prevent state voting requirements that disproportionately harm racial minorities. Read the press release and download the amicus brief here.