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Legal news from Tuesday, June 22, 2010




Mexico government asks judge to strike down Arizona immigration law
Hillary Stemple on June 22, 2010 3:33 PM ET

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[JURIST] The Mexican government on Tuesday filed an amicus curiae brief [text, PDF] with the US District Court for the District of Arizona [official website] asking that the recently passed Arizona immigration law [SB 1070 materials; JURIST news archive] be declared unconstitutional. The brief was filed in support of the petitioners in a class action lawsuit [complaint; JURIST report] filed last month by the American Civil Liberties Union (ACLU) [advocacy website], as well as several other advocacy groups, seeking an injunction against implementation of the law. Mexico asserted two substantial and compelling interests in filing its brief. The government claims a substantial interest in ensuring its "bilateral diplomatic relations" with the US remain "transparent, consistent and reliable, and not frustrated by the actions of individual US states." It also claims an interest as amicus curiae in ensuring that its citizens are "accorded human and civil rights when present in the US in accordance with federal immigration law." The brief cites a concern that Mexican citizens will be discriminated against based on their ethnicity. In addition to the lawsuit filed by the ACLU, two other lawsuits were filed in April [JURIST report] challenging the constitutionality of the Arizona law. The Obama administration indicated last week [JURIST report] that the US Department of Justice (DOJ) [official website] will also be filing a suit challenging the law. The law is set to go into effect on July 29.

Arizona's new immigration has been widely criticized in regard to the law's constitutionality and alleged "legalization" of racial profiling. Earlier this month, the city of Tucson, Arizona joined a lawsuit [JURIST report] against the state's new immigration law arguing that it law violates the Commerce Clause and Fourth Amendment [Cornell LII backgrounders] of the US Constitution [text], in addition to federal immigration law, through which the federal government has "fully occupied" the field of immigration control. The Obama administration, though supporting immigration reform, has sharply criticized the law [JURIST report], calling it "misguided" and expressing concern that it could be applied in a discriminatory fashion. These criticisms are shared by Mexican President Felipe Calderon [official website, Spanish] who called the law a "violation of human rights" [JURIST report]. In May, a group of UN experts found that the law could violate international standards [JURIST report] that are binding on the US.




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State failure a 'chronic condition': report
Dwyer Arce on June 22, 2010 2:34 PM ET

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[JURIST] The 2010 Failed States Index [index; FP special report] was released Monday, describing state failure as a "chronic condition" after finding that the same group of countries have occupied the top 10 spots as failed states for the last six years. The index is published by Foreign Policy Magazine (FP) [media website] and the Fund for Peace [advocacy website] and uses publicly available sources to measure 177 countries, judging their stability based on a rubric of 12 factors [FP backgrounder]. These factors include human rights, external intervention, demographic pressures, refugees and economic development. According to an FP special report outlining the findings of the index, Somalia [JURIST news archive] is the archetypal failed state, topping the rankings for the third year in a row due to continued unrest, an Islamist insurgency and the general ungovernability of the state. Despite this "wearying consistency" in the rankings of failed states, the report noted the few instances of improvement, citing Colombia as a "stunning success story" and also pointing to the improvement of Sierra Leone and Liberia. Among the least stable states in the world after Somalia were Zimbabwe, Sudan, Iraq, Afghanistan, Pakistan and Haiti [JURIST news archives]. Listed among the most stable were most of the countries of Europe, the US, Canada, Australia and Oman. In conjunction with the Failed States Index, FP published a Watch List [text] of four countries that are in danger of growing failure, comprised of Guatemala, Honduras, Nigeria and Iran [JURIST news archives].

Earlier this month, the Global Peace Index (GPI) [report; materials] found that world peace has declined [JURIST report] over the past year due to a global increase in states' internal violence and unrest. The GPI cited factors such as the rise in violent demonstrations and the increase in fear of violent crime as factors for the drop in global peace. New Zealand, Iceland and Japan top the list as the most peaceful, and Iraq, Somalia and Afghanistan were the least peaceful. According to the GPI, nearly USD $30 trillion would have been added to the global economy over the last four years in the absence of the world's conflicts. The GPI has been published annually by the Institute for Economics and Peace since 2007. The GPI is based on information compiled by the Economist Intelligence Unit [official website], and compares the relative peacefulness of 149 countries.




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Federal judge blocks deepwater drilling ban in Gulf
Sarah Miley on June 22, 2010 2:11 PM ET

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[JURIST] A judge for the US District Court for the Eastern District of Louisiana [official website] on Tuesday ordered a preliminary injunction [opinion, PDF] against a six-month moratorium on deepwater drilling [JURIST report] issued last month by the Obama administration in response to the BP Deepwater Horizon oil spill [BBC backgrounder; JURIST news archive]. The suit was filed by small oil companies in Louisiana affected by the ban, claiming that the imposition of a general moratorium on deepwater drilling in the Gulf of Mexico was contrary to federal law. Judge Martin Feldman held that the injunction was necessary because the ban caused irreparable harm to both the plaintiffs and the public, and the Obama administration considered no alternatives when enacting the blanket moratorium. Feldman agreed with the plaintiffs' assertion that the ban was arbitrary and capricious stating:
The Deepwater Horizon oil spill is an unprecedented, sad, ugly and inhuman disaster. What seems clear is that the federal government has been pressed by what happened on the Deepwater Horizon into an otherwise sweeping confirmation that all Gulf deepwater drilling activities put us all in a universal threat of irreparable harm. While the implementation of regulations and a new culture of safety are supportable by the [administration's] Report and the documents presented, the blanket moratorium, with no parameters, seems to assume that because one rig failed and although no one yet fully knows why, all companies and rigs drilling new wells over 500 feet also universally present an imminent danger.
The court went on to say that the administration's ban "trivializes" the business and jobs that would be affected by the mandate. The administration immediately responded to the injunction, stating that the federal government will appeal [NBC report] the court's ruling.

Last week, US President Barack Obama [official website] announced the government's latest plan of action for tackling the oil spill, which includes a $20 billion compensation fund [JURIST reports] subsidized by BP. The newly-established escrow fund [government backgrounder] will be used to indemnify the workers and business owners harmed as a result of the oil spill. The announcement also included a long-term restoration plan and prevention of future disasters [JURIST report] through stronger regulation. Additionally last week, Obama announced the appointment of Micheal Bromwich [press release], a former federal prosecutor and Inspector General for the Justice Department, as head of the Minerals Management Service (MMS) [official website], which has been plagued with corruption and notorious for its cozy relationship with oil companies. The Deepwater Horizon oil spill was a result of an oil well blowout that caused an explosion 5,000 feet below the surface of the Gulf. More than 120 million gallons of oil have leaked already from the rig's broken pipe and has now surpassed the Exxon Valdez [JURIST news archive] as the worst oil spill in US history. The White House is keeping a daily chronology of events [text].




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UN SG appoints panel to investigate Sri Lanka civil war rights abuses
Hillary Stemple on June 22, 2010 2:09 PM ET

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[JURIST] UN Secretary-General Ban Ki-moon [official website] on Tuesday appointed a three-member panel [press release] to investigate allegations of human rights abuses during the last months of the Sri Lankan civil war [JURIST news archive]. The panel will be investigating alleged wartime abuses of civilians by both the Sri Lankan government and the rebel Liberation Tigers of Tamil Eelam (LTTE) [JURIST news archive] in the hopes that the Sri Lankan government will hold those responsible for the worst of the violence accountable [statement] for their actions. The panel will examine " the modalities, applicable international standards and comparative experience with regard to accountability processes, taking into account the nature and scope of any alleged violations in Sri Lanka" and make the information available to the Sri Lankan government for further action on the matter. The panel will also report on the implementation of the human rights accountability statement [text] that both Ban and Sri Lankan President Mahinda Rajapaksa [official website] agreed to last May, but which Rajapaksa subsequently rejected [JURIST report].

Sri Lanka has faced numerous allegations of human rights violations originating from incidents that took place during the final months of the civil war. Last month, Human Rights Watch (HRW) [advocacy website] announced it had acquired new evidence [JURIST report] supporting allegations of war crimes. Also last month, the International Crisis Group (ICG) [official website] accused Sri Lankan security forces of war crimes [JURIST report], claiming that the violence of the 30-year civil war escalated in January 2009, leaving thousands more dead than projected by the UN. In March, Ban reaffirmed his plan to set up a UN panel [JURIST report] to investigate allegations of human rights violations during the civil war. Earlier in March, Rajapaksa rejected [JURIST report] Ban's plan to appoint a panel of experts to look into alleged rights abuses in the island nation's civil war, saying it "is totally uncalled for and unwarranted."




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Lawyer freed from Rwanda returns to US
Drew Singer on June 22, 2010 1:37 PM ET

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[JURIST] US lawyer and JURIST Forum [website] contributor Peter Erlinder [professional profile; JURIST news archive] returned to the US Tuesday after spending 21 days in a Rwandan prison. Upon his return, Erlinder stated his belief that had he not requested to contact the US embassy shortly before his detention, he would not have survived [Star Tribune report]. He also said that he was on a reported hit list made up of the names of opponents to Rwandan President Paul Kagame [official website; BBC profile]. The High Court of Rwanda [GlobaLex backgrounder] on Thursday released Erlinder on bail due to persisting medical problems from what Rwandan officials say was a suicide attempt [JURIST reports]. The court also required him to inform the court of his whereabouts and comply with future court orders. Rwandan police arrested Erlinder [JURIST report] last month on charges that he denied the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. Erlinder was in Rwanda to prepare his defense of opposition presidential candidate Victoire Ingabire Umuhoza [campaign website], who was arrested in April [JURIST report] on similar charges. Erlinder has pleaded not guilty [JURIST report]. He will speak to the press [FOX9 report] Wednesday at William Mitchell College of Law, where he is a professor.

The International Criminal Tribunal for Rwanda (ICTR) [official website] last week called for Erlinder's release [JURIST report] in a letter to Rwandan authorities. Acting on the advice of the UN Office of Legal Affairs [official website], the ICTR asserted in the letter that Erlinder has immunity from prosecution under the Convention on Privileges and Immunities of the United Nations [text, PDF], a treaty that Rwanda is a party to that prevents legal action of any kind against UN employees working in an official capacity. Last Monday, US Secretary of State Hillary Clinton [official website] stated that the Obama administration had expressed concern [statement] to the Rwandan government over Erlinder's detention and the prosecution of opposition candidates but emphasized the US government's continued support for the Rwandan government. Two weeks ago, US Representatives Betty McCollum (D-MN) and Keith Ellison (D-MN) [official websites] introduced a resolution [JURIST report] calling on the Rwandan government to release Erlinder in order to "prevent ... an impasse in relations" between the US and Rwanda.




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Israel high court overturns jail sentence of ultra-Orthodox Jews for segregation
Sarah Miley on June 22, 2010 12:16 PM ET

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[JURIST] The Israeli Supreme Court [official website] on Tuesday overturned jail sentences for 13 ultra-Orthodox Jewish mothers charged with contempt for disobeying a court order on school integration in the West Bank settlement of Immanuel. The court delayed jail sentences for an additional nine mothers [Haaretz report] in order to allow the women to care for their families while their husbands remain jailed on similar charges. The women, who belong to a strictly observant Ashkenazi sect, were sentenced last week to two weeks in jail for refusing to reintegrate their daughters into a school with Jewish Sephardi [JVL backgrounders] girls. The women claimed that the Sephardi girls, who are of Middle Eastern or North African origin, were not observant enough and would be a bad influence on their daughters. Thousands of ultra-Orthodox Jews staged a rally last week in Jerusalem's city center to protest the ruling. Thirty-five men turned themselves over to the police [BBC report] during the protest in order to begin serving their jail sentences, but the women were given a stay of reprieve until the court could determine whether to delay their sentences.

Approximately 120,000 Askenazi Jews rallied in Jerusalem after the original ruling on reintegration at Beit Yaakov girls' school. The protest was the biggest demonstration by the ultra-Orthodox community in over two decades. Before the Supreme Court administered its ruling last week, a mother that was convicted told reporters that the court had no right to rule on the dispute because parents had simply carried out orders from their rabbis, who had a higher jurisdiction.




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Afghanistan president announces removal of Taliban officials from UN blacklist
Sarah Miley on June 22, 2010 10:37 AM ET

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[JURIST] The Afghan Office of the President [official website] announced Tuesday that the UN will gradually begin to remove Taliban officials who have renounced al Qaeda from the organization's blacklist [JURIST news archive]. The blacklist freezes assets and limits travel of senior figures linked to the Taliban. The announcement followed a meeting in Kabul [UN News Centre report] between diplomats from the UN Security Council [official website] and President Hamid Karzai [official profile] to review progress made by the Afghan government. Following a national peace summit [press release] held in Afghanistan earlier this month, Karzai called for a review of the UN blacklist, as Taliban members began to take a more active role in the Afghan parliament and diplomatic relations. The Security Council delegates agreed to remove Taliban members from the list "gradually" [Reuters report], provided the members had no links to al Qaeda or other terrorist groups.

Afghanistan's national peace summit held earlier this month was aimed at ending the nine-year insurgency in Afghanistan [JURIST news archive] and bringing peace to the country. Two days after the summit, Karzai announced the creation of a commission to review the cases of all suspected Taliban militants [JURIST report] currently being held in custody. Suspects that are being held without sufficient evidence will immediately be released. Karzai's announcement was the first step toward achieving the goals set at the conclusion of the summit [press release], which included implementing a framework to negotiate with disaffected members of the country, ending corruption in the government and creating a national government valuing the input of all citizens. While the resolution called for the release of all prisoners being held in the country without sufficient evidence, it is unclear whether the new commission will examine the cases of suspects currently in US custody.




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Australia reinstates racial discrimination laws
Hillary Stemple on June 22, 2010 10:36 AM ET

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[JURIST] The Australian government reinstated its Racial Discrimination Act (RDA) [materials] in the Northern Territory on Tuesday after the Senate [official website] approved the legislation [Senate report] as part of a Social Security Act late Monday. The discrimination laws were suspended by the Northern Territory National Emergency Response Act (NTER) [text, PDF] in 2007 in order to allow governmental authorities to regulate how welfare money was spent by the Aboriginal people of the country. Under the act, regulators were able to intervene in Aboriginal areas [AFP report] by setting aside a portion of the welfare benefits received for rent, food and medical care in order to prevent the designated money from being spent on alcohol. Until the repeal of the NTER, the regulations would only have applied to Aborigines. The reinstatement of the RDA allows the regulation of welfare payments to remain in place, but the regulations will be applied to both indigenous and non-indigenous citizens living in the Northern Territory. Indigenous Affairs Minister Jenny Macklin [official website] praised the restoration of the RDA [press release] and noted the intent of the NTER will still be achieved, stating:
This is an important achievement. The legislation removes what has been a blight on Australia's reputation as the land of a fair go. We recognise the importance of dignity and pride for Indigenous Australians. The legislation also introduces a new non-discriminatory income management scheme to protect children and families and help disengaged youth. The suspension of the RDA left Indigenous people feeling hurt, betrayed and less worthy than other Australians. Re-instating the RDA restores dignity and helps Indigenous Australians to take ownership of their lives and to drive change in the Northern Territory. It also ensures that measures under the NTER are sustainable and can be effective in the long term.
The discriminatory nature of the NTER has been widely criticized. In March, UN special rapporteur James Anaya [official website] condemned the law [press release], calling it problematic from a human rights point of view. The welfare regulations approved under the NTER are scheduled to go into effect on July 1.

Current Prime Minister Kevin Rudd [official website] has championed the cause of improved living conditions for and relations with Australia's indigenous population since his election in 2008. Last year, Australia endorsed [JURIST report] the UN Declaration on the Rights of Indigenous People [text, PDF]. When the declaration was adopted by the UN [JURIST report] in 2007, Australia was among the four member states that declined to endorse the treaty. Former prime minister John Howard [JURIST news archive] said [speech, PDF] that his Liberal Party [official website] led administration believed the declaration would cause a national regression into a climate of "victimhood." In February 2008, Rudd issued an official apology [statement text] for past mistreatment to the nation's indigenous population on behalf of the federal government, a sentiment which he reaffirmed last year.




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Zimbabwe court denies bail to rights activist investigating conflict diamonds
Dwyer Arce on June 22, 2010 10:10 AM ET

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[JURIST] A Zimbabwean court on Monday denied bail to human rights activist Farai Maguwu, who is being held for allegedly supplying false information about Zimbabwe's controversial diamond mining practices to the international diamond control body the Kimberley Process (KP) [official website]. In denying the bail request, Judge Chinembiri Bhunu of the Harare High Court [GlobaLex backgrounder] cited the severity of the crimes, which he characterized as borderline treason. The state had argued against Maguwu's release, stating that he posed a flight risk. According to Maguwu's lawyer, he has been in declining health [VOA report] due to the temperature of his cell, which has caused him to develop throat and chest infections. He was moved Monday to the prison hospital for care after a recent throat operation. Maguwu's bail denial comes as an appeal [Standard report] from a Harare magistrate judge, who denied Maguwu's bail application earlier this month. Maguwu faces charges of false information on killings, torture and the theft of state security documents, in violation of § 31 of the Criminal Law (Codification and Reform) Act [text, PDF]. He was arrested [JURIST report] in early June. An investigation was launched after he allegedly leaked to the KP a document compiled by the police [SW Radio Africa report] for the Joint Operations Command (JOC), a military-run security agency that was thought to be defunct. If convicted, Maguwu could face 20 years imprisonment.

Also Monday, KP member states began a meeting in Israel during which the body is reported to be preparing to lift the ban [BBC report] on Zimbabwean diamonds. Human Rights Watch (HRW) [advocacy website] on Monday urged the KP to remove Zimbabwe [JURIST report] from its membership. According to HRW's report, human rights abuses by the Zimbabwean government have persisted since the discovery of diamonds in the Marange fields. In calling for Zimbabwe's suspension from the oversight body, HRW explained that the KP "risk[ed] becoming irrelevant" if it failed to address this problem. Civil society groups such as Global Witness, Partnership Africa Canada and Green Advocates [advocacy websites], have also called for the suspension of Zimbabwe's international diamond trade due to the human rights violations [Telegraph report] allegedly committed by the Zimbabwean army against civilians and illegal workers in the Marange diamond fields.




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Belgium officials accused in murder of former Congo leader
Andrea Bottorff on June 22, 2010 9:33 AM ET

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[JURIST] A team of Belgian lawyers on Monday filed a complaint in a Brussels court against 12 Belgian officials accused of planning the 1961 assassination of Patrice Lumumba [advocacy profile], the first democratically-elected leader of the Democratic Republic of the Congo (DRC). The complaint was filed only one week before the DRC celebrates its fiftieth year of independence from Belgian colonial rule. Lumumba was placed under house arrest in September 1960 after Colonel Joseph Mobutu [Biography profile] gained power through a military coup. The Belgian legal team, hired by Lumumba's sons, hold that Lumumba escaped house arrest in January 1961 only to be recaptured, beaten and killed by Mobutu's soldiers with the assistance of Belgian officers. The lawyers claim that Belgian officials did nothing to stop the death of Lumumba and their alleged actions were war crimes [Der Standaard report, in Dutch]. The team filed the legal complaint against accomplices in the killing, although many of the alleged actors are now deceased. The identities of the accused officials have not been released but include police officers and politicians [GVA report, in Dutch] who worked during the 1960s. The legal team expects the case will go before a Belgian judge in October.

Belgium has been active in seeking justice for war crimes committed in Africa. Last year, the International Court of Justice (ICJ) [official website] denied [JURIST report] Belgium's request to compel Senegal to extradite former Chadian president Hissene Habre [BBC profile] under Belgium's universal jurisdiction [AI backgrounder, PDF] statute. In 2008, Congolese former vice president Jean-Pierre Bemba [case materials; JURIST news archive] was arrested in Belgium and transferred [JURIST reports] to the International Criminal Court (ICC) [official website]. He is set for trial this summer [JURIST report]. In 2002, the Belgian government apologized for playing a role [AP report] in Lumumba's death after a Belgian investigation found evidence of the country's involvement in the political overthrow.




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NYC car bomb suspect pleads guilty to terrorism charges
Hillary Stemple on June 22, 2010 9:05 AM ET

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[JURIST] Pakistani-born US citizen Faisal Shahzad [BBC profile] pleaded guilty Monday to 10 counts of terrorism and weapons charges [indictment, PDF; JURIST report] relating to last month's attempted car bombing in New York City's Times Square. Appearing before Judge Miriam Goldman Cedarbaum in the US District Court for the Southern District of New York [official website], Shahzad was asked a detailed set of questions to ensure he understood his rights and the possible ramifications of pleading guilty. Cedarbaum questioned Shahzad as to why he wanted to carry out the attack and whether he had any remorse over the lives that could have been lost. Shahzad indicated that he was a Muslim soldier [Al Jazeera report] and that his actions reflected an act of war. He also stated that attempted attacks would continue until US forces leave Iraq and Afghanistan and stop using unmanned drone attacks [JURIST news archives] in Somalia, Yemen and Pakistan. Shahzad also admitted to receiving training in the Waziristan region of Pakistan from members associated with Tehrik-e-Taliban [GlobalSecurity backgrounder], a branch of the Pakistani Taliban, as well as financial support for carrying out the attack. US Attorney General Eric Holder [official website] praised the role of the justice system [press release] in obtaining the guilty plea, stating:
Faisal Shahzad plotted and launched an attack that could have led to serious loss of life, and today the American criminal justice system ensured that he will pay the price for his actions. We will not rest in bringing to justice terrorists who seek to harm the American people, and we will use every tool available to the government to do so.
US Attorney Preet Bharara stressed that Shahzad's plea was not part of a plea agreement and that the investigation into the plot is ongoing. Shahzad is scheduled to be sentenced on October 5, and will likely be sentenced to life in prison.

Shahzad's arrest and subsequent interrogation have helped shape debate in the US over the reading of the Miranda warnings to terror suspects. Shahzad was given Miranda warnings but waived them and continued talking with police [NYT report] for more than two weeks before finally meeting with counsel. Despite the information provided by Shahzad, lawmakers continue to push for more limitations on Miranda. Last month, Holder indicated that the Obama administration plans to ask Congress to enact legislation [JURIST report] allowing interrogators to question terror suspects for a longer period of time than currently allowed before informing them of their constitutional rights to remain silent and be represented by an attorney. Also last month, lawmakers introduced a bill [JURIST report] that, if passed, would strip US citizenship rights from those suspected of engaging in terrorism. In March, Senators John McCain (R-AZ) and Joseph Lieberman (I-CT) proposed a law [JURIST report] that would require terror suspects to be stripped of their Miranda rights and to face military interrogation and trial. The proposed legislation, has been controversial [JURIST op-ed], with critics claiming its impact "would be a fundamental miscarriage of justice."




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Nebraska city voters pass ban on hiring, renting to illegal immigrants
Dwyer Arce on June 22, 2010 8:42 AM ET

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[JURIST] The voters of Fremont, Nebraska [official website] on Monday passed an ordinance [No 5165 text, PDF] banning the hiring, harboring or renting property to illegal immigrants [JURIST news archive]. The voters of the eastern Nebraska community of 25,000 approved the ordinance with 57 percent in favor. It requires all employers in the city to register for the E-Verify program [DHS website] and makes it a crime to rent to illegal immigrants. The ordinance states that any lease entered into by an illegal immigrant will be considered void. It also requires every person seeking to rent residential property to obtain an occupancy permit from the city, which will require the applicant to sign a declaration affirming his or her US citizenship or otherwise provide a visa or employment authorization number. In explaining the need for the law, the preamble to the ordinance states:
The presence of illegal aliens places a fiscal burden on the City, increasing the demand for, and cost of, public benefits and services[.] Crimes committed by illegal aliens in the City harm the health, safety and welfare of U.S. citizens and aliens lawfully present in the United States[.] The employment of unauthorized aliens in the City displaces authorized United States workers and adversely affects their wages[.]
The American Civil Liberties Union of Nebraska [advocacy website] has promised to challenge the ordinance in court [press release], describing the law as "un-American and unconstitutional" and arguing that the ordinance will "cause discrimination and racial profiling against Latinos and others who appear to be foreign born, including U.S. citizens." The ordinance comes in response to a wave of immigration to the region due to the availability of jobs in the meatpacking industry. The Nebraska Supreme Court [official website] ruled [opinion, PDF] that the vote could occur, denying the city's request for declaratory relief on the basis that the ordinance would be preempted by federal law. A similar initiative was narrowly voted down [BBC report] by the Fremont City Council [official website] in 2008.

In March, the US District Court for the Northern District of Texas [official website] issued a permanent injunction [opinion, PDF; JURIST report] against a Texas city ordinance [No. 2952 text] containing a nearly identical occupancy permit scheme. The court ruled that the Dallas suburb of Farmers Branch cannot enforce the permit scheme, finding it to be preempted by federal law under the Supremacy Clause [Cornell LII backgrounder] of the US Constitution. State and local governments nationwide have been passing strict laws targeting illegal immigration in recent months. Earlier this month, the US Conference of Mayors [official website] passed two resolutions [JURIST report] opposing Arizona's recently passed immigration law [SB 1070 materials; JURIST news archive] and supporting federal immigration reform. The controversial Arizona bill, which was signed into law [JURIST report] in April by Governor Jan Brewer (R) [official website], will go into effect on July 29. Proponents of the law argue that it will discourage illegal immigration, while opponents contend it will lead to discriminatory police practices based on race. Last month, the American Civil Liberties Union (ACLU) [advocacy website] filed a lawsuit seeking an injunction against implementation of the law, joining two others filed in April [JURIST reports] questioning the constitutionality of the law.




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Connecticut AG launches multistate privacy investigation against Google
Ann Riley on June 22, 2010 7:32 AM ET

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[JURIST] Connecticut Attorney General Richard Blumenthal [official profile] announced Monday that he will lead a multistate investigation [press release] into whether Google [corporate website; JURIST news archive] violated privacy laws while collecting information over Wi-Fi networks for its Street View maps [website]. Blumenthal said he sent a letter [text, PDF] to the corporation last week requesting additional detailed information on its data harvesting procedures. The request was in response to a statement from Google [text, PDF] earlier this month claiming that the collection of payload data was inadvertent. In commencing the investigation, Blumenthal stated:
Street View cannot mean Complete View - invading home and business computer networks and vacuuming up personal information and communications. Consumers have a right and a need to know what personal information - which could include emails, web browsing and passwords - Google may have collected, how and why. Google must come clean, explaining how and why it intercepted and saved private information broadcast over personal and business wireless networks. ... The company must provide a complete and comprehensive explanation of how this unauthorized data collection happened, why the information was kept if collection was inadvertent and what action will prevent a recurrence. Our investigation will consider whether laws may have been broken and whether changes to state and federal statutes may be necessary.
More than 30 states took part in a recent conference call on the issue, and Blumenthal expects a significant number of states to participate in the investigation. Illinois Attorney General Lisa Madigan and Michigan Attorney General Mike Cox [official profiles] have also opened investigations against Google's data collection practices and requested information [press releases] about the personal data the company has obtained from its Street View vehicles.

In a letter [text, PDF] sent last week to the US House of Representatives Energy and Commerce Committee [official website], Google claimed that its collection of private information was inadvertent and did not violate any laws [JURIST report]. Several countries have recently launched investigations into Google's unencrypted data collections to determine whether the company's practices have violated privacy laws. Earlier this month, Australia commenced an investigation [JURIST report] into whether Google breached the nation's Telecommunications Interception Act [text], which prevents people from accessing electronic communications other than for authorized purposes. Additionally, Canada launched an investigation [JURIST report] into Google's unsecured Wi-Fi data collection to determine whether Google has violated the country's Personal Information Protection and Electronic Documents Act [text, PDF], which applies to private organizations that collect, use, or disclose personal information in the course of commercial activities. Belgium, the UK, the Czech Republic, France, Germany, Italy, Spain and Switzerland have also asked Google to retain data collected in those respective nations. Earlier this month, Google was accused by advocacy group Privacy International (PI) [advocacy website] of criminal intent [JURIST report] for the company's private data collection. PI released its statement in response an independent audit [text, PDF] published by Google on the company's official blog [website]. PI claims that information gathered in the audit proves that Google's interception of unencrypted data was not inadvertent and should lead to prosecution.




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