Yearning to Breathe Free:
The State of
Immigration Law in 2005

(July 2005)

Eleanor Newhoff, issue editor, wrties:

Recent legislation passed by Congress and current policies of the Bush Administration urge the public to accept the notion that allowing even orderly and lawful immigrants and visitors from other countries into the US exposes us to acts of terrorism.

In two separate articles, Halim Moris and Rhonda Roselli analyze a recently passed new legislation, The REAL I.D. Act. The provisions of REAL I.D., especially respecting the issuance of state drivers' licenses, bring us one step closer to a national I.D. card. Under the Act, identity and immigration status documentation will be required of all those applying for drivers licenses, including U.S. citizens.

Requests for asylum in the U.S. will be subjected to a new standard of proof, replacing longstanding legal precedent. John Wilshire-Carrera and Spring Miller write of the innovative approach that state officials in New Hampshire have taken, without benefit of legal authority, to deal with people, chosen by appearance, unable to document immigration status on routine traffic stops. This example of local law enforcement overreaching their authority seems well in line with the Minuteman Project on the southwestern border of the U.S.

In another article included here, we examine the impact of post 9/11 policies and the "War on Terror" on our own society. As the War on Terror becomes the justification for unimaginable violations of civil and human rights (creation of joint accounts for data from federal, state and local data banks combined with data from private companies which can be accessed without clear limitations or oversight), we must ask ourselves where we are headed. Policies such as these cannot replace sound governance based on the rule of law whether it is in the name of combating terrorism, or not.

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