ACLU of Md. probes local immigration actions

December 10, 2008 - 4:33pm
By DAVID DISHNEAU
Associated Press Writer

HAGERSTOWN, Md. (AP) - The Maryland chapter of the American Civil Liberties Union said Wednesday it is investigating whether local immigration policies that have sparked protests in some areas are being applied fairly and constitutionally.

The Immigrants Rights Project could lead to lawsuits against jurisdictions where the ACLU concludes public officials have illegally discriminated against immigrant groups, said attorney Ajmel Quereshi, project leader.

Quereshi said the ACLU has sent to all 23 Maryland counties and Baltimore city requests for documents under the state's Public Information Act. The requests seek information about laws, executive orders, policies or procedures regarding treatment of documented or undocumented immigrants. The ACLU also may query cities and towns, depending on what the first batch of letters produces, he said.

Executive Director Susan Goering said in a written statement that "the ACLU believes that the U.S. immigration system is broken and it is the federal government's responsibility to fix it. That is why our project will fight against local government initiatives that threaten public safety by targeting immigrant communities for dragnet detentions and harassment."

She specifically cited Frederick County's participation in the federal 287(g) program, which allows local deputies to assist the Immigration and Customs Enforcement agency in processing illegal immigrants. The local NAACP and the Hispanic immigrants-rights group CASA de Maryland have alleged the program unfairly singles out Hispanics for police scrutiny, a charge that Frederick County Sheriff Charles Jenkins denies.

Jenkins said his deputies only ask the immigration status of people who have been arrested for other offenses. He said no one has complained of being profiled or discriminated against.

"These are basically baseless assertions," Jenkins said. He said that if other local jurisdictions took similar actions, "we could force the federal government to fix the problem."

The ACLU also pointed to Anne Arundel County, where local police joined federal agents in a raid on a painting business that employed undocumented workers. The county also has cracked down on county contractors that employ illegal immigrants.

Anne Arundel County Executive John R. Leopold said his administration encourages legal immigrants to become citizens but has no tolerance for businesses that hire undocumented workers for lower wages and benefits than legal residents.

"I think all levels of government should work collaboratively to enforce federal law," Leopold said.

Quereshi said public safety suffers when local police enforce federal immigration laws because such crackdowns discourage immigrants from calling police about property crimes and other neighborhood problems.

He said ACLU chapters in other East Coast states have begun similar projects but haven't publicized them. The ACLU has learned of "informal" law-enforcement policies elsewhere targeting undocumented immigrants who seek services at hospitals or food banks, Quereshi said.

"We want to discover whether those are going on in Maryland," Quereshi said.

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On the Net:
ACLU of Maryland: http://www.aclu-md.org