On Constitution Day this year, we should worry about our civil liberties

By Margaret Huang, September 17, 2008

Sept. 17 is Constitution Day, marking the anniversary of the signing of the U.S. Constitution in 1787. But we have less to celebrate today because the Bush administration has so tarnished our constitutional rights.

In the last seven years, the Bush administration has introduced a number of executive orders, policies, and programs to support its “war on terrorism” and ostensibly to protect national security.

In reality, these efforts have resulted in a steady erosion of constitutional rights and civil liberties for people living in this country.

A number of these policy initiatives have targeted particular communities for unwarranted harassment and investigation, resulting in violations of fundamental human rights. Some of the most egregious examples come from the Department of Homeland Security policies, which have swept up citizens and noncitizens alike in misguided efforts to enforce immigration laws.

Consider the recent spate of raids conducted by Immigration and Customs Enforcement (ICE) agents.

One such raid took place in Postville, Iowa, in May, where nearly 400 workers were arrested.

Another occurred on Aug, 25 at Howard Industries in Laurel, Miss., which resulted in the arrest of nearly 600 workers.

Instead of ensuring due process protections for the individuals swept up in those raids, U.S. federal and local law enforcement officials failed to verify that detainees understood the charges against them or to provide meaningful access to legal counsel.

Prolonged detention without charges or access to attorneys has become the norm in the immigration system, with 84 percent of those in immigration detention not having legal representation.

On top of that, those languishing in immigration detention face dangerous, overcrowded conditions. Many of the more than 80 people who have died in Immigration and Customs Enforcement detention facilities since 2003 were denied access to the proper medical care.

For example, Jason Ng, a thirty-four-year-old Chinese immigrant and father of two, was denied asylum but had lived without incident in the United States for 15 years before he was swept up for deportation. While in detention, Ng developed severe back pain that made it impossible for him even to stand up, yet he was denied access to medical care. When a federal judge finally ordered the government to provide him with appropriate medical care, it was discovered that he had cancer throughout his body and a fractured spine. He died five days later.

Is this a country that still respects our Constitution and the rights that it guarantees to all who are within our borders?

Should we allow some people to be arbitrarily imprisoned without access to a lawyer or the courts?

Would we violate an individual’s Eighth Amendment right not to suffer cruel or unusual punishment by denying him life-saving medical care because he is in detention?

The Founding Fathers drafted our Constitution to prevent the U.S. government from overstepping its authority and to protect individual rights and civil liberties.

On this Constitution Day, we need to reflect on that.

And on Election Day, we must demand that a new administration promote due process and fairness as cornerstones of our legal process, and that all those who reside within our borders are treated with dignity and respect for their basic human rights.

Otherwise, as a nation we risk defiling the values that we hold dearest.

Margaret Huang is executive director of the Rights Working Group, a national coalition of more than 250 community-based groups and national organizations dedicated to ensuring that the American commitment to liberty and justice for all is fulfilled. For more information, go to www.rightsworkinggroup.org. Huang can be reached at pmproj@progressive.org.

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