News & Commentary

The 10-day temporary restraining order granted by a federal judge last week halting the enforcement of the state law prohibiting Level 3 sex offenders from living within 1,000 feet from a school has been extended through at least mid-January.

The American Civil Liberties of Rhode Island has raised serious concerns with a Johnston town ordinance passed last week that could impose “unwarranted, and potentially unlawful, hardship and penalties on individuals who have not engaged in fraudulent activity.” The ordinance, aimed at preventing non-residents from attending Johnston Public Schools, requires every family to submit an affidavit affirming residence their residency in the town. If they do not, the school may refuse to enroll or re-enroll a student.

After receiving complaints that the Rhode Island Division of Motor Vehicles was requiring licensed drivers from Puerto Rico to pass a written exam and road test in order to transfer their driver’s license to Rhode Island, the American Civil Liberties Union of Rhode Island has urged Governor Gina Raimondo to immediately order the DMV to accept and transfer licenses from former Puerto Rican residents.

In light of the release of the depositions in the 38 Studios case, it is important to remember that "pleading the fifth" is a fundamental right that protects us all and supports a fair system of justice. As the U.S. Supreme Court eloquently explained over 50 years ago:

After WJAR-TV reported that a family was told they could not send their children to Johnston Public Schools because they were living in a motel in town, the ACLU of Rhode Island contacted the Rhode Island Department of Education to urge Commissioner Ken Wagner to promptly intervene.

My name is Michael Thomas and I am a second year law student at Roger Williams University School of Law. My goal in coming to law school is to become a Public Defender. 

The American Civil Liberties Union of Rhode Island has urged the Providence City Council to reject an ordinance that would restrict certain residential housing from including more than three students. In a letter to the Council, ACLU of Rhode Island executive director Steven Brown stated: "The ordinance’s undue stigmatization of Providence’s students is contrary to the City’s reputation as a robust host to the local colleges and universities. The focus on this one criterion is unfair and extremely unlikely to help resolve any of the legitimate concerns prompting calls for action in the first place.” 

In an important victory against overzealous and unconstitutional immigration enforcement practices, a federal appeals court today rejected efforts by immigration officials to be dismissed from an ACLU lawsuit on behalf of a North Providence resident who was locked up at the ACI in 2009 as a deportable “alien” even though she is a U.S. citizen. Today’s ruling by the U.S. Court of Appeals for the First Circuit affirms a decision issued last year that there are critical constitutional limits on the power of immigration and corrections officials to detain people while investigating their immigration status. Ada Morales, who was born in Guatemala and became a naturalized United States citizen in 1995, was taken into custody on criminal charges in May 2009. While she was being held at the ACI, Immigration and Customs Enforcement (ICE) officials lodged an “immigration detainer” against her – apparently assuming, based on her race and her place of birth, that she was a deportable non-citizen. A judge had ordered Ms. Morales released, but the R.I. Department of Corrections held her in custody for an additional 24 hours solely because of the ICE detainer, and even after she repeatedly told officials she was a U.S. citizen and offered to show them her naturalization certificate and passport. In 2012, the ACLU sued on her behalf, arguing that the detention violated her constitutional rights to equal protection of the law and freedom from unreasonable searches and seizures. In an opinion issued last year, U.S. District Judge John J. McConnell, Jr. agreed that Morales had raised viable claims, holding, among other things, that she had “set forth plausible allegations that she was unconstitutionally detained solely based on her national origin and Hispanic last name.” The court also concluded that the Fourth Amendment doesn’t permit ICE or state officials to hold someone in jail merely to investigate their immigration status; an arrest must be based on probable cause, not mere investigative interest. Three of the ICE officials who were sued for being responsible for Morales’s detention appealed that ruling, arguing that they should be dismissed from the suit because at the time of her detention in 2009, the law was not clearly established that probable cause was required in order to issue a detainer against an alleged undocumented immigrant. The appellate court unanimously disagreed today, calling that argument an “unprecedented proposition … contradicted by longstanding Fourth Amendment jurisprudence.” Rather, the court held, “the law was clearly established” in 2009 that probable cause was required to detain Morales pursuant to an immigration detainer. The defendants also challenged the lower court’s holding that Morales had plausibly alleged that she was detained because of her national origin. The appellate court dismissed that portion of the appeal, concluding it was without jurisdiction to consider it. ACLU of Rhode Island executive director Steven Brown remarked: “The unseemly eagerness of some immigration officials to deport people led to an innocent person’s wrongful imprisonment. I am hopeful that this unambiguous ruling will encourage real reform of ICE’s immigration detainer practices.” National ACLU attorney Kate Desormeau added: “The Court has affirmed that immigration officials, just like other law enforcement officials, must comply with the Fourth Amendment.  The Constitution does not permit ICE to lock people up simply to buy more time to investigate them.” Besides Desormeau, the suit is being handled by Omar Jadwat, senior staff attorney with the National ACLU Immigrants’ Rights Project, and Lena Graber, volunteer attorney for the National Immigration Project of the National Lawyers’ Guild.  At the district court, Morales is also represented by Mark Ford, Margaret O’Grady, Angela Yoon, and Laura Donovan of Wilmer Cutler Pickering Hale and Dorr LLP.