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The enactment of the Patriot Act, shortly after September 11th, has significantly degraded the rights and freedoms that were once guaranteed to all Americans. The resulting expansion of government power and the erosion of the 1st, 4th, 5th, 6th & 8th Amendments has turned the United States into a virtual police state.
Immigrants were and still are the primary victims of this police state. Thousands of individuals have been detained for months without access to an attorney or their families. Many have been charged with only minor immigration violations, but they have been treated as convicted criminals. Others faced hearings in secret, behind closed doors and were later deported to their countries of origin. Many of these detainees have lived in this country for more than 10 years; this country has become their home, especially in light of the fact that many fled from persecution in their countries of origin. These stories and circumstances are the products of the enactment of the U.S. Patriot Act and the Executive Orders that have expanded government power, at the expense of the judicial system.
DOMESTIC SECURITY ENHANCEMENT ACT OF 2003
Over the past few months, the U.S. Department of Justice has secretly prepared a new anti-terrorism bill, the Domestic Security Enhancement Act of 2003. This new legislative draft, more commonly referred to as “Patriot Act II”, is designed to target U.S. citizens and legal immigrants.
The draft Domestic Security Enhancement Act perpetuates the extremely troubling erosion of judicial oversight and due process. Beyond the continuation of the Patriot Act’s attack, it aims to extend the use of secret evidence to cases against American citizens. The draft act will make it easier for the government to spy on American citizens without evidence of a crime, probable cause or articulated suspicion. The proposed act will, also, compel businesses to spy on American citizens, and allow the government to strip native-born American citizens of their citizenship and detain them indefinitely as “undocumented aliens” in their own country.
This draft bill in its entirety can be viewed online at www.publicintegrity.org/dtaweb/downloads/Story_01_020703_Doc_1.pdf
We must mobilize to prevent the passing of “Patriot Act II.” We need to participate in public hearings, clearly stating our opposition to this draft bill and affirming our guaranteed Constitutional Rights. Simultaneously, we need to sign petitions and gather in support of new proposed bills that ensure our rights.
NEW YORK BILL OF RIGHTS DEFENSE CAMPAIGN (NYBORDC)
Currently, civil rights organizations and grass roots institutions are leading various campaigns against such legislation. One such campaign of great importance is the New York Bill of Rights Defense Campaign.
The New York Bill of Rights Defense Campaign is dedicated to restoring and protecting the fundamental rights, which have been curtailed by the government since the events of September 11th, 2001. Concerned New Yorkers created NYBORDC in order to call upon government, at the local, state and federal levels, to restore and defend the fundamental rights envisioned and embodied in our Constitution and Bill of Rights.
The Campaign recognizes that, in times of national crisis, we cannot rely on the courts to be the only, and last, defenders of civil liberties. Based on this recognition, the Campaign seeks to build a mass movement aimed at winning back and defending our fundamental rights. They aim to do so by educating the public, media and government on post-9/11 civil liberties issue; advocating for legislation which opposes the curtailment of our fundamental rights; mobilizing the public; and building coalitions in pursuit of these aims.
One component of this work is the local resolutions effort. This effort is a local action that helps communities and groups to build local coalitions and momentum against the Patriot Act. So far, over ninety-two local resolutions have been passed, and on April 25th, 2003, Hawaii's House approved the country's first statewide resolution, SCR18: “Reaffirming the State of Hawaii's Commitment to Civil Liberties and the Bill of Rights." This resolution can be viewed at http://www.capitol.hawaii.gov/sessioncurrent/bills/scr18_.htm.
NYBORDC is a people’s campaign that relies upon the creativity, passion and ingenuity of the public. Already, hundreds of teachers, students, parents, clerks, artists, writers, salespeople and laypeople have joined the Campaign which gives voice to people’s anxiety over the government’s demand that fundamental rights be sacrificed in the name of national security. By joining and lending whatever you can offer—your passionate voice, artistic abilities or financial contribution—you will become part of a movement that believes we can be, both, safe and free. This campaign is ours to lead, and the future is ours to determine.
For petitions and information on the campaign, please visit the Campaign’s website at www.nycbordc.org.
Mr. Omar T. Mohammedi is a member of Human Rights Commission of NYC.
June/July
2003
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