Resolution Opposing the PATRIOT Act
On Tuesday, May 18, 2004, the Normal Human Relations Commission adopted the following resolution. The Human Relations Commission also requested that the Normal Board of Trustees consider adopting a similar resolution. The Normal Board of Trustees has not taken a position on this issue.
Resolution in Opposition to Terrorism and Threats to Fundamental Rights and Liberties Emanating from the USA Patriot Act, Proposals to Extend Portions of the Act and Adopt the Domestic Security Enhancement Act (Patriot II), and Certain Executive Orders and Other Federal Actions, and Affirmation of Civil and Human Liberties
WHEREAS the Human Relations Commission of the Town of Normal, State of Illinois is home to a diverse and growing population of citizens and guests;
WHEREAS the Human Relations Commission of the Town of Normal, State of Illinois is proud of its commitment and tradition of protecting the civil rights and liberties of its citizens and guests;
WHEREAS the U.S. Constitution and the Bill of Rights guarantee to all persons living in the United States fundamental rights, including freedom of religion, expression, and assembly; protection from unreasonable searches and seizures; due process and equal protection under the law; the presumption of innocence; access to counsel in judicial proceedings; and a fair, speedy, and public trial;
WHEREAS Federal, State and Local government should protect the public from terrorist attacks, such as those that occurred on September 11, 2001;
WHEREAS the Human Relations Commission of the Town of Normal, State of Illinois believes that there is no inherent conflict between national security and the preservation of liberty;
WHEREAS the Human Relations Commission, Town of Normal and the Normal Police Department have made longstanding and continuous efforts to build trust with its minority citizens;
WHEREAS certain federal policies adopted since September 11, 2001, including provisions in the USA PATRIOT Act, the proposed Domestic Security Enhancement Act (PATRIOT II), Executive Orders and other actions threaten our civil liberties and may undermine efforts in building an inclusive, positive and trusting relationship between the Commission, Town and the Police Department;
WHEREAS those threats to constitutionally protected rights by the USA Patriot Act include:
- Permitting federal intelligence officers to share with criminal investigators grand jury, wiretap, and other information without judicial oversight;
- Broadening the scope of the government’s ability to search for and seize stored communications, such as voice mail and e-mail messages under an ordinary warrant rather than a wiretap order;
- Enlarging the authority of law enforcement to use certain devices without a warrant and specifying that those devices can be used with Internet communications, all with limited judicial oversight;
- Granting the FBI broad access to sensitive medical, mental health, financial, library, and educational records about individuals without a court order (probable cause);
- Expanding the government’s ability to conduct secret searches without judicial oversight;
- Permitting the U.S. Attorney General to indefinitely detain or deport non-citizens even if they have not committed a crime without appropriate judicial review; and
- Giving the U.S. Attorney General and the Secretary of State the authority to designate domestic groups as terrorist organizations without the opportunity for judicial review;
WHEREAS examples of infringements by federal Executive Orders and other actions on these and other rights guaranteed by the Constitution are numerous and include:
- Establishing secret military tribunals for terrorism suspects;
- Holding prisoners from the war in Afghanistan more than a year after the end of that military action without charging them or permitting them to consult counsel or diplomatic officials;
- Detaining non-citizens legally present in the United States in secret, without charging them or permitting them to consult counsel or diplomatic officials;
- Deporting legally resident non-citizens or denying them re-entry with no legal grounds or for trivial violations;
- Permitting wiretapping of conversations between federal prisoners and their lawyers;
- Weakening Justice Department regulations against covert, illegal counter-intelligence operations by the FBI that in the past targeted domestic groups and individuals;
- Limiting the disclosure of public documents under the Freedom
of
Information Act; - Closing immigration proceedings to public scrutiny; and
- Refusing to report to Congress as required by law;
WHEREAS constitutionally protected rights are further threatened by proposals to eliminate the sunset provisions included in the USA PATRIOT ACT and to adopt the draft Domestic Security Enhancement Act (PATRIOT II);
WHEREAS the Human Relations Commission of the Town of Normal, State of Illinois believes that protecting liberty is essential to maintaining national security and that these infringements are not necessary to ensure the public’s safety, and weaken, rather than strengthen, our nation internally and around the world;
WHEREAS the Normal Human Relations Commission of the Town of Normal, State of Illinois has a tradition of inclusion and extending protections to all of its citizens and guests as embodied in its Human Relations Code;
WHEREAS the Human Relations Commission of the Town of Normal, State of Illinois believes that it is fitting to honor the memory of all those who died or were injured as a result of the September 11, 2001 terrorist attacks, not only by protecting national security and defending against terrorist attacks, but also by defending the fundamental constitutional freedoms and protections guaranteed to all persons living in the United States;
NOW, THEREFORE, BE IT RESOLVED THAT THE HUMAN RELATIONS COMMISSION OF THE TOWN OF NORMAL, COUNTY OF MCLEAN, STATE OF ILLINOIS,
Affirms its strong opposition to terrorism, hate, bias and bigotry;
Affirms the civil and human rights and liberties of all people within the Town of Normal, including United States citizens and citizens of other nations, in accordance with the U.S. Constitution;
Encourages all Town officials and Town employees to continue to respect the civil rights and liberties of all members of this community, including those who are citizens of other nations, and should do so in a public manner to reinforce these key values to all of its citizens and guests;
Encourages the Town and the Police Department to continue their efforts to build trust with their minority citizens, and to do so in a public manner to reinforce these key values to all of its citizens and guests;
Encourages all of the Town’s citizens and guests, employers, educators, and business owners, to demonstrate their respect for civil rights and civil liberties, in their daily lives, in their employment and in their educational settings, and to do so in a public manner to reinforce these key values to one and all;
Encourages the public libraries and bookstores to inform customers that their book rental or purchase records are subject to disclosure to federal law enforcement agencies;
Calls upon the President and the Attorney General to report to Congress and, whenever appropriate, to citizens the extent and manner in which they have acted under the USA PATRIOT ACT and counter-terrorism Executive Orders and disclose the names of all detainees, and expeditiously release or repatriate them, or bring them to trial before a court constituted under Article III of the U.S. Constitution;
Urges the Illinois Federal congressional delegations to work to repeal those objectionable sections of the USA PATRIOT Act, and to enact legislation overriding recent Executive Orders, that limit or violate fundamental rights and liberties protected by the Illinois and U.S. Constitutions, or, to the extent possible, introduce judicial oversight that will provide the minimum legal protection afforded U.S. citizens and guests prior to the effective date of the U.S. Patriot Act;
Urges our Illinois Federal congressional delegation to oppose legislation such as the Domestic Enhancement Security Act (PATRIOT II) that would further erode fundamental constitutional rights and liberties;
Requests a copy of this resolution, duly adopted, be sent to the Normal Board of Trustees, all Town departments, the Normal Public Library, the McLean County Commissioners, the McLean County Sheriff’s Department, the McLean County Courts, the McLean County States Attorney, groups representing our minority citizens, the Governor of the State of Illinois, the Illinois and Federal Congressional delegation, the U.S. Attorney General, and the President of the United States.
PASSED AND ADOPTED by the Human Relations Commission of the Town of Normal, County of McLean, State of Illinois, this 18th day of May, 2004.