Q: What inspired you to work on immigrants’ rights?

A: I come from a family of immigrants. I was born here but my parents are Sri Lankan Tamils. They came to this country when there was sporadic violence and widespread discrimination against Tamils in Sri Lanka. And when I was 10, the civil war started and most of my extended family left Sri Lanka, and many of them came to live with us for several years.

When I was a child, I saw first-hand the pain and the challenges that displacement causes. Some of my cousins came and lived with us for different reasons without their parents. The parallels between that and what’s happening with Central American children are very real and immediate for me.

Q: What would you like to do with the prize money?

A: I haven’t figured that out yet. I want to give a portion of it to some particular organizations doing good human rights work in Sri Lanka. I feel passionate about those issues but haven’t been able to devote my life’s work to them as I have to immigrants’ rights.

Q: What do you think is the biggest misconception about this kind of work?

A: I think people looking at our immigrants’ rights work often do not take the time to put themselves in the shoes of the people we represent. They say, “These people are illegal. You break the law, you get what you deserve— that kind of thinking. If they could just sit for a minute in the shoes of my uncle, whose son was diagnosed with a very serious illness right around the same time the war broke out and they had to flee, or my uncle whose whole nice apartment was just burned to the ground  and feel the terror of that moment. They still might not agree about what the right policy answer is, but they would view all of our work through a slightly different lens.

Q: Is there a particular case that you’re most proud of?

A: I’m very proud of Nadarajah v Gonzales. It’s the case of a Sri Lankan Tamil refugee who was held as a national security threat for four years. He was wrongly accused of being a member of a Tamil terrorist organization, which he was not — he was a farmer. It was a factual mistake, but the government took the view that they don’t have to give any due process to people stopped at the border seeking asylum. The government’s view was that they could hold him whether or not he was a threat, that people stopped at the border have no rights to be not imprisoned.

We won it after almost two years. He got out. He lives in Lancaster, California. He got married; he has a child.

Q: What has been your most devastating loss?

A: JEFM v. Lynch, just a few days ago. It’s a class action seeking to establish a right to appointed counsel for children who are being deported. The government pays a prosecutor to argue against the child in every case. We’re arguing that due process requires you level the playing field, and the kids should have lawyers too.

The case was made more urgent by the dramatic threat of violence in El Salvador, Guatemala, and Honduras over the last several years. It’s not an exaggeration to say there are thousands of children whose lives are at stake.

If they receive an attorney, they’re far, far more likely to be able to present and win their claims for asylum. If they do not have an attorney, it’s virtually impossible for them to do that.

The court essentially said we had no right to bring this case as a class action for all these children. Instead if children believe that they have a right to an appointed lawyer, they have to appeal that in their individual immigration case and present their claim that way.

I think the court really both misread the law and failed to understand the plight of those children. Honestly if I could, I would trade the award in a heartbeat to win counsel for children.

Q: How does it feel to win this award on the heels of that loss?

I take it as an award for all of the immigrants’ rights advocates, both inside and outside the ACLU, who have worked on these issues with me. I have been lucky to have amazing mentors and partners at the ACLU from the time I first came to work here in 2000, and this award belongs to all of those people.

Q: You and your wife recently had a baby. Does having a child change your perspective on the work you do?

A: My daughter Ananya is 8 months old. I think I had some sense of the long view before, but I feel it more now. I think often actually about when she is 20 or 30, what will the state of human rights look like? I hope people view immigrants and refugees with more empathy than now.

For more information on the award, see the MacArthur Foundation website.

 

Date

Thursday, September 22, 2016 - 3:30pm

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Government whistleblower and civil liberties hero Edward Snowden surprised actor Joseph Gordon-Levitt, when he presented Gordon-Levitt with a Bill of Rights Award via the "Snowbot," a live telepresence robot, at the 2016 ACLU of Southern California Bill of Rights Dinner on November 13.

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The ACLU SoCal celebrated its 93rd anniversary by honoring leaders in entertainment, politics and civil rights at the annual dinner held at the Beverly Wilshire Hotel. The honorees included:

  • Norman Lear, producer, writer, activist and chair of the ACLU Foundation of Southern California Board of Trustees;
  • Frank Cooper III, chief marketing officer and chief creative officer, BuzzFeed;
  • Joseph Gordon-Levitt, actor, writer, director, producer and activist;
  • Catherine Hardwicke, director, producer and activist;
  • Khizr and Ghazala Khan, civil liberties advocates, Gold Star parents of U.S. Army Capt. Humayun Khan, who was killed in Iraq in 2004.

Norman Lear received the Ramona Ripston Liberty, Justice & Equality Award for his lifetime commitment to civil liberties and the work of the ACLU.

Frank Cooper III, Joseph Gordon-Levitt and Catherine Hardwicke received the annual Bill of Rights Award for furthering diversity efforts, promoting free speech, empowering women and otherwise supporting civil rights and liberties for all Americans. Past honorees have included Barbara Streisand, Dustin Hoffman, Martin Scorsese and Kerry Washington.

Khizr and Ghazala Khan, who drew worldwide attention at this year’s Democratic National Convention for their statements in support of Constitutional guarantees, were the recipients of this year’s Eason Monroe Courageous Advocate Award.

Special guests at this year’s dinner included two-time Academy Award-winner and activist Jane Fonda; actress, writer, producer and activist Nikki Reed; and Russell Simmons, the entrepreneur, producer, author and chairman and CEO of Rush Communications.

The dinner also featured special performances by Danielle Truitt and Aloe Blacc. 


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Tuesday, November 15, 2016 - 1:45pm

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How Some California Charter Schools Illegally Restrict Enrollment

All across California, charter schools are implementing admissions policies that exclude students from enrolling. Like other public schools, charters must admit all students who wish to attend. By law, they may not discourage certain students from enrolling based on income, national origin, academic performance or other factors. These admission policies threaten to turn public schooling into a two-tier system where the students who need the most resources receive the fewest.

To realize charter schools' promise of providing educational choice to all, the ACLU SoCal and Public Advocates released Unequal Access: How Some California Charter Schools Illegal Restrict Enrollment, a July 2016 report that sheds light on exclusionary enrollment policies at 253 charter schools.

See a map of charter schools cited.

These charter schools post enrollment policies or forms online that are clearly illegal or exclusionary. Other schools may also maintain similar prohibited policies that are hidden from the public view. The violations we found include:

  • Exclusion Based on Academic Performance
  • Discrimination against English Learners
  • Pre-Enrollment Essays or Interviews
  • Requirements that Discourage Undocumented Students
  • Illegal Parent/Guardian Volunteer Requirements

Download the full report.

See the methodology for the report.

UPDATE
April 25, 2017

Read our followup brief after 119 schools on the list complied and changed their policies.

Date

Sunday, July 31, 2016 - 10:30am

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