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LEAVE AGIFTOFHOPEReceive Incomefor LifeJeff received a tax deduction and secure, fixed income for life byestablishing a Charitable Gift Annuity with the ACLU Foundation.To see your payment rate,with rates as high as 9%, visit aclu.org/annuity todayand complete the short form or return the reply envelope.Not an offer to issue an annuity to residents of Alabama, Hawaii, or Tennessee.
IN THIS ISSUE02 In BriefExecutive Director Anthony D. Romeroreflects on the ACLU’s centennial.03 Letters to the EditorReaders from around the countryrespond to articles in the magazine.FRO N T LI N E04 PrioritiesTrump’s Asylum Ban 2.0 closes thedoor on those fleeing danger.06 Case StudyThis is what it looks like to arguebefore the Supreme Court.07 Know Your RightsHere’s how non-citizens can asserttheir rights.3408 National ReportContributors10PHOTOGRAPHS (CLOCKWISE FROM TOP LEFT) BY PRESTON GANNAWAY, GREG KAHN, COURTESY OF KHOLOOD EID, HANIYA RAEThe Trouble with FacialRecognitionHaniya Raeis a freelance writerwho has writtenfor The Atlantic,Ms. Magazine, PCMagazine, PopularScience, and TheNew York Times,among others. Shelives in Brooklyn,New York.Kholood Eidis a documentaryphotographer inNew York workingwith stills, audio,video, and text.She teaches atColumbia Universityand the Bronx Documentary Center.02.0 ACLU WINTER20 FFOB REV2 1This technology threatens our privacyand discriminates against people of color.The ACLU is fighting for regulation.by Maxwell Williams16The Tarnished ArchesThe ACLU filed dozens of sexualharassment complaints againstMcDonald’s on behalf of its workers.Seven clients share their stories.by Haniya Rae24The ACLU is tackling votersuppression in 2020 and beyond.09 Friend of the CourtACLU President Susan N. Hermananswers your most pressing questions.VO I C ES30 Advocacy InstituteHigh schoolers become activiststhrough the ACLU’s advocacy program.32 On Our BookshelfDozens of writers comment on seminalACLU cases in a new anthology.33 Free ForumArtist Eddie Guy spotlights the powerof whistle-blowers.34 Activist SpotlightThis volunteer is determined toprotect voting rights in Nevada.35 My StandAn excerpt from Jesmyn Ward’sessay in Fight of the Century.36 ACLU MomentWomen of the ACLUWomen have been essential to socialjustice movements throughoutACLU history—that legacy continuesin the Trump era.by Elly BelleA portrait of Gavin Grimm, who’sfighting for equality—and winning.30On the cover: Illustration by The Heads of State12/17/19 3:12 PM
IN BRIEF2It’s a new year—and a monumental one for civil liberties.In the midst of unprecedentedchallenges to democracy, theACLU celebrates its centennial—not to rest on our laurels, but toremind ourselves that everythingwe’ve achieved over the past 100years gives us the strength, perspective, and experience to tacklewhat lies ahead.Our growing community of supporters since the 2016 election isa testament to a century of challenging presidents who violatetheir oath to defend the Constitution. The ACLU’s staff has doubled,its membership has swelled to1.5 million, and we now mobilizemore than 4 million activists.What have we learned from thepast, and what does the futureAnthony D. RomeroExecutive DirectorPHOTOGRAPH BY VINCENT TULLO“The work isby no meansfinished.But we forgeahead tobuild a morejust andfair nation.”hold for the ACLU? In this issue,you’ll find moving stories that liftup untold lessons of history, illuminate current injustices, andforecast tomorrow’s threats toour civil liberties.In “The Trouble with FacialRecognition,” p. 10, we sound thealarm over the rapidly expandingprivacy violations of facial recognition technology and examine thesoftware’s racist application in lawenforcement surveillance.In “The Tarnished Arches,” p. 16,we tackle present-day discrimination in the workplace. You’ll meetsome of the dozens of people inlow-wage jobs who faced retaliation from the world-famous, 37billion McDonald’s franchise forstanding up to sexual harassmentand gender bias.And in “Women of the ACLU,”p. 24, we look back at the manywomen, from Crystal Eastman toRuth Bader Ginsburg, who wereessential to social justice movements in the ACLU’s early days, alegacy of resistance that continuesin the Trump era.The work is by no means finished. But we forge ahead, withyou, to build a more just and fairnation. That’s the future we dareto create, together.ACLU Magazine02.0 ACLU WINTER20 FFOB REV2 212/17/19 3:12 PM
LET TERS TO THE EDITOR125 Broad Street, 18th FloorNew York, NY 10004212-549-2500aclu.org/contact-usEditorial DirectorMarie-Adele MoniotManaging DirectorGenie CortezAssociate EditorTom VellnerEditorial AdviserWilliam EisenmanCreative Direction and DesignGodfrey Dadich PartnersProduction and PrintingMSP-C, a division of MSP CommunicationsACLU Magazine (ISSN 2640-3560) is a publication for members and supporters of the AmericanCivil Liberties Union (ACLU). Send changes ofaddress and questions about your ACLU membership to membership@aclu.org; mail them to ACLU,125 Broad Street, 18th Floor, New York, NY 10004;or call 212-549-2500. Send editorial correspondence specific to the publication to ACLU Magazine,ACLU, 125 Broad Street, 18th Floor, New York, NY10004, or email to ACLUmagazine@aclu.org.This is not a subscription publication, and we do notaccept unsolicited manuscripts or advertisements. 2019 American Civil Liberties Union Foundation.All rights reserved. Contents may not be reproducedwithout the express written consent of the ACLU.Requests for reprints should be directed topermissions@aclu.org. Published by ACLU, 125Broad Street, 18th Floor, New York, NY 10004.Printed in the USA. The ACLU comprises two separate corporate entities, the American Civil LibertiesUnion and the ACLU Foundation. Although both theAmerican Civil Liberties Union and the ACLU Foundation are part of the same overall organization, it isnecessary that the ACLU has two separate organizations in order to do a broad range of work in protecting civil liberties. This magazine collectively refersto the two organizations under the name “ACLU.”Exchanging Mailing Lists: The ACLU defrays thecost of our new-member recruitment by renting orexchanging our list with other nonprofit organizations and publications, but never to partisanpolitical groups or to groups whose programs areincompatible with ACLU policies. All lists are rentedor exchanged according to strict privacy standards.We never give our list directly to any organization;instead, we send the list to a letter shop that prepares the mailing for the organization that is participating in the rental or exchange. That organizationnever sees our list and never knows what names areon it unless an individual responds to the organization’s mailing. The ACLU always honors a member’srequest not to make his or her name available. If youdo not wish to receive materials from other organizations, write to the ACLU Membership Department, and we will omit your name from list rentaland exchange. Thank you for your understanding.PHOTOGRAPH BY VINCENT TULLOFollow us.Instagram: @aclu nationwideTwitter: @ACLUFacebook: facebook.com/acluThe Summer2019 issue ofACLU Magazinechroniclesone family’sfight againstthe es.A note from the chairof the ACLU NationalBoard’s 2020 Nominating Committee:Please be advised thatACLU members maysubmit nominations tothe National Board forconsideration by theNominating Committee for the 2020 slate.Please send your recommendation to: ACLUNominating Committee,125 Broad Street, 18thFloor, New York, NY10004. ACLU membersmay also make nominations to the NationalBoard by submitting apetition with the namesand signatures of 50ACLU members to theaddress above.Re: “Fleeting Protection”An excellent issue; the articleon Temporary Protected Statusimmigrants was especiallymoving and informative. I willpay more attention to thisdesignation in the future andfollow closely what DonaldTrump continues to do to undermine people and their rights.Thank you for opening my eyes.Michael CastleNashville, TNRe: “Section 504 Sit-In”To add to your article about the1977 Section 504 sit-in in SanFrancisco, Section 504 hadalready been signed (it waspart of the Rehabilitation Act of1973), but thanks to the sit-ins,agencies finally promulgatedregulations [to protect peoplewith disabilities]. The 1977protesters got an amazingamount of support from SanFranciscans, including donatedfood from organizations asdiverse as Safeway Stores andthe Black Panthers.Victoria TedderSan Francisco, CARe: “Letters to the Editor”Your Summer issue has a lettertaking you to task for usingthe term “manned” tables.In this use, manned does notcome from the term Man, asin Mankind, but from the Latinword manus, which means“hand.” “Manning tables”would be using one’s hands attables. There’s nothing sexistabout manning anything.Barbara VaughanSanta Rosa, CARe: Cusp of ProgressThank you for the precision andpassion behind the Summer2019 ACLU Magazine. The ACLUhas fought for the true civilizingideals of this nation throughdark times and eras of greathope. Our duty is not alwaysto win, but to be faithful to thecause of liberty and justicefor all. We may be on the cuspof a new era of progress. But ifnot, our cause is to lift up hopeand love, which are foreverstronger than fear and hate.J. Allan SmythPrineville, ORWe love your feedback! Let us know what you think about this issue: ACLUmagazine@aclu.orgWinter 202002.0 ACLU WINTER20 FFOB REV2 3312/17/19 3:12 PM
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FRO NT LI N EPRIORITIESThe Fight forAsylumThe government’s efforts toblock refugees upend years oflong-standing protections.U.S. residentRoberto Márquezhangs a flag alongthe border ofEl Paso, Texas,and CiudadJuárez, Mexico,to protest H BY HERIKA MARTINEZ/GETTY IMAGES03.0 ACLU WINTER20 FOB REV.indd 5Fueled by racism, fear, and cruelty, the Trumpadministration’s relentless assault on immigrantshas imperiled thousands of migrants and asylumseekers. The most recent asylum ban, which deniesasylum claims from anyone who has come through athird country without first being denied asylum there,dishonors the long-standing American commitmentto protect the most vulnerable.“Asylum Ban 2.0, the so-called transit rule, wouldeffectively end asylum at our southern border ifallowed to take effect permanently,” says Lee Gelernt,deputy director of the ACLU’s Immigrants’ RightsProject and lead attorney on the asylum ban and family separation cases. “Those fleeing danger cannotsafely remain in Guatemala, Mexico, or El SalvadorWinter 2020512/17/19 3:13 PM
PRIORITIESCASE STUDYCONTINUED FROM PAGE 5to apply for asylum—not only because their persecutors can track them there but also because thosecountries do not have functioning asylum systems.The administration knows full well that this is essentially closing the door on asylum seekers.”The newest ban joins other inhumane administration immigration policies and refugee restrictions—the ACLU is still arguing against the administration’sfirst asylum ban, known as Migrant Protection Protocols, which forces asylum seekers to remain in Mexicowhile their applications are reviewed. For the secondban, the ACLU, with the Southern Poverty Law Centerand the Center for Constitutional Rights, is challenging the new restrictions as violating the 1980 Refugee Act. In August, the Ninth Circuit blocked the rule.At the administration’s request, the U.S. SupremeCourt allowed the ban to stay in effect while the courtsdecide its legality, a decision that leaves tens of thousands of asylum seekers in the United States and Mexico in limbo indefinitely.“It’s a huge blow to the work that we do,” saysKaveena Singh, managing attorney for East Bay Sanctuary Covenant. A plaintiff in both asylum ban suits,the Berkeley, California–based nonprofit providesprotection and advocacy for those fleeing persecution and violence. “We have seen so many clients withmeritorious claims. There’s a human being behindeach case, and many of these individuals will go backto suffering, persecution, and, likely, death.”Gelernt is arguing a parallel case in a D.C. federalcourt that could lead to a reinstated injunction; ifgranted, the government would likely petition theSupreme Court for another stay. “The big challengeis to make sure the public understands how extremethese asylum policies are [and] how inconsistent theyare with both our historical commitment to providinga safe haven and the facts on the ground,” says Gelernt.“The administration is vastly overstating the numberof claims that are not meritorious. These people arefleeing serious, if not deadly, persecution and needour protection.” —JAY A. FERNANDEZCall CongressEnd anti-immigrant abuses by contacting your legislators and demanding they cut the Department of Homeland Security’s inflated budget.To connect to your reps, visit aclu.org/dhs.6Inside theSupreme CourtThe ACLU is no stranger to arguingcases at the highest court. Herewe explore the chamber where theaction happens.The court chamberis stately—it measures 82 feet by 91feet, and its ceilingis 44 feet high.The desk of themarshal of thecourt, who signalstime limits via lightsto arguing attorneys, is to the rightof the bench.Nine justices sitbehind a raised,curved bench. In1972, the bench wasredesigned from itsoriginal straight linefor clearer visibilityand sound. After thebench’s makeover,interruptions by justices, who previouslycouldn’t see or heareach other well, werereduced by morethan 50 percent.The presentingattorney stands at alectern in the centerof the table whenaddressing the justices. Although thedistance from thelectern to the benchis a little over 6 feet,arguing attorneysreport that the justices appear startlingly close.ILLUSTRATION BY STEVE SANFORDACLU Magazine03.0 ACLU WINTER20 FOB REV.indd 612/17/19 3:13 PM
KNOW YOUR RIGHTSSpread the WordRed benchesreserved for thepress and guests ofthe justices line theright and left sidesof the courtroom.With the Trump administration’s zero-tolerance policytoward immigration andits increased pressure onfederal agencies to expelnon-citizens, it’s importantthat immigrants knowtheir rights. Last summer’sraids by Immigration andCustoms Enforcement (ICE)were diminished in largepart because of informationsharing inside and outsideimmigrant communities andvia social media about whatto do when approached bythe police or ICE.Here’s some advice thatcitizens and non-citizens alikecan share with their immigrantfriends and neighbors:Attorneys who arearguing before thecourt sit at a line ofmahogany tables infront of the bench.The ACLU argues more casesbefore the Supreme Courtthan any other entity exceptfor the U.S. Department ofJustice. Last year, the ninejustices heard oral argumentsfrom ACLU attorneys oncritical issues includingthe Trump administration’sefforts to add a citizenshipquestion to the 2020 censusand whether it is legal tofire someone for being LGBTQ.ILLUSTRATION BY DRUE WAGNERTo the left of thebench is theclerk’s desk. Theclerk tracks thecourt’s docket andcalendars. Remain silent whenquestioned about immigration status. Keep doors closed toICE officers who show upat homes or businessesunless they have arrestwarrants. Contact an attorney immediately and refuse to signany documents if detained.Learn more about immigrants’ rightsat aclu.org/kyr.Winter 202003.0 ACLU WINTER20 FOB REV.indd 7712/17/19 3:13 PM
NATIONAL REPORTHow the ACLU isthwarting state effortsto make votinginaccessible in 2020and beyond.With suppression efforts at full tilt, theACLU is taking states across the countryto court to preserve access to the ballot.“Voter suppression tactics have a hugeimpact on participation rates,” saysSarah Brannon, managing attorney forthe ACLU’s Voting Rights Project. “Theylimit the ability of eligible individuals tovote and create an unfair burden on people of color and poor people.”In June, the Supreme Court ruled thatfederal courts would no longer hear legalchallenges to gerrymandering broughton partisan grounds, a decision thatended several key suits designed to stopwhat has become an effective means ofvoter suppression. Federal cases canstill be brought if election-district mapshave been drawn with a racially discriminatory impact. In addition, partisangerrymandering lawsuits can be filed atthe state level.“Despite some setbacks, we have reason to be hopeful,” says Brannon, notingthat the ACLU is pursuing a raft of additional remedies. “Our litigation has beensuccessful. It’s also encouraging that thepublic [is] supportive of making votingeasy and accessible. They want everybody who is eligible to participate.” —J. A. F.Help protect voting rights. Visitpeoplepower.org to get involved.8FloridaFlorida voters approved anACLU-backed ballot initiative in 2018 that restoredvoting rights to most residents with past felony convictions, a monumental actthat expanded voter rollsby more than 1.4 millionpeople. The legislaturethen passed a law in June2019 requiring thesevoters to pay all fines fromtheir original convictionsbefore becoming eligible.The ACLU secured a preliminary injunction to blockthe bill; it amounts to adisenfranchising poll tax.New HampshireIn New Hampshire, theACLU is suing the state forinvalidating hundreds ofabsentee ballots withoutnotice. This came after adistrict court struck downa law that required electionofficials to reject ballotsbased on signatures thatdon’t match, a burden onthose with a disability.OhioThe ACLU’s partisangerrymandering suit inOhio was decided favorablyby a district court, whichordered authorities to drawa new congressional map.The U.S. Supreme Courtthen effectively nullified theruling in June by declaringthat federal courts do nothave authority to decidepartisan-gerrymanderingissues. Lawsuits can still befiled at the state level.ILLUSTRATION BY JAN KALLWEJT; PHOTOGRAPH BY LAUREL GOLIOThe State ofVoting RightsIndianaIn Indiana, the ACLU is arguing against a state law thatallows election authoritiesto purge voter registrationswithout proper notice.A federal court temporarilyblocked the law, and inAugust an appeals courtaffirmed that ruling.ACLU Magazine03.0 ACLU WINTER20 FOB REV.indd 812/17/19 3:13 PM
FRIEND OF THE COURTExpanding Abortion AccessACLU President Susan N. Herman answers your mostpressing questions about reproductive freedom, criminaljustice, voting rights, and sex-based discrimination.Q:Beyond challenging hostilelaws, what is the ACLU doing toprotect access to abortion?Without Roe v. Wade, the statesget to decide everything. Thisis where the ACLU’s network ofaffiliates in all 50 states reallycomes into play. We are working to expand protections infriendly states and in states thatborder hostile jurisdictions. Inthe past year, lawmakers in Illinois, Maine, New York, RhodeIsland, and Vermont passed historic bills locking in protectionof abortion rights or expandingaccess to abortion. The ACLUwas a key player in all thesebills. Bottom line: We’ll nevergive up the fight, and neithershould you.ILLUSTRATION BY JAN KALLWEJT; PHOTOGRAPH BY LAUREL GOLIOI agree with ending cash bailfor nonviolent offenders, butwhat about violent crimes?Let’s start with the constitutional principle that anyoneaccused of any crime is innocent until proven guilty. Bail wascreated to ensure that peoplecharged with a crime return fortheir court dates, but in practice,it results in people with meansbeing released and poor peopleremaining behind bars. New Jersey, Arizona, and California haveall eliminated or sharply curtailed cash bail because faireralternatives—such as supervised release—work, even forserious crimes.I hear the ballot initiativeFlorida voters passed in 2018to reinstate voting rights tothe formerly incarcerated isnow at risk by state lawmakers.Can they do that?They’re trying, by requiringthose
Michael Castle Nashville, TN Re: “Section 504 Sit-In” To add to your article about the 1977 Section 504 sit-in in San Francisco, Section 504 had already been signed (it was part of the Rehabilitation Act of 1973), but thanks to the sit-ins, agencies finally promulgated regulations [to protect people with disabilities]. The 1977
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Lu Ann Pillar, Policy Assistant, ACLU of Nevada Graphic Design: Alice Hastings, Volunteer, ACLU of Nevada This report was made possible, in part, by a grant to Solitary Watch from the Roddick Foundation and by funding provided to the ACLU of Nevada by the ACLU National Prison Project. We are deeply grateful for this support.
Texas 1("ACLU"). The ACLU seeks information regarding reported meetings and other communications between the Department of Homeland Security ("DHS"), U.S. Customs 1 ACLU, a 501(c)(3) organization, is dedicated to protecting and defending the individual rights and liberties guaranteed by the Constitution and laws.
The ACLU is well known for its many victories protecting individual rights, from the local courts to the Supreme Court. Today, ACLU staff and volunteer lawyers are involved in countless cases nationwide, ranging from religious liberty to freedom of speech, from racial justice to gender equ
an attorney for the ACLU could be filing briefs, conducting policy research, or getting involved in community education. “We have always recognized the need to address civil rights work at the local level,” says Stephen Shapiro, the Legal Director of the ACLU. “Brown v. Board and Roe v
Jan 25, 2017 · 303 E. 17th Avenue, Suite 350 * Denver, CO 80203 * 720-402-3114 * FAX 303-777-1773 * msilverstein@aclu-co.org ACLU of Colorado Because Freedom Can’t Protect Itself Nathan Woodliff-Stanley .
Oct 29, 2020 · heart in knowing that you are with us in this critical fight. Susan N. Herman . and “Silence is Violence” became rallying cries. The ACLU was right there with them, defending the right to . 6 Photograph by Caleb Adams/ACLU Legal Actions for
Additional Attorneys for Plaintiffs: Andre I. Segura (Pro Hac Vice) asegura@aclu.org ACLU Foundation Immigrants' Rights Project 125 Broad Street, 17th Floor New York, NY 10004 Telephone: (212) 549-2676 Facsimile: (212) 549-2654 Priscilla G. Dodson (Pro Hac Vice) pdodson@cov.com Covington & Burling LLP One CityCenter 850 Tenth Street, NW
