Michelle A. Behnke
ABA President
ABA President
The American Bar Association remains committed to its long-time policies and positions that reject the use of racial and ethnic profiling in law enforcement and immigration enforcement activities.
Immigration enforcement and subsequent criminal and immigration proceedings should be conducted in a way that does not result in the mistaken arrest or detention of U.S. citizens. Everyone who is detained is entitled to due process and access to counsel.
The Association is closely monitoring developments in Los Angeles and around the country following the Supreme Court’s recent decision to pause a ruling that limited the ability of federal law enforcement officials to conduct immigration stops that the lawsuit alleges have been conducted based solely on racial and ethnic characteristics.
The ABA has long urged federal, state, local and territorial governments to enact effective legislation, policies and procedures to ban law enforcement’s use of racial or ethnic characteristics that are not justified by specific facts suggesting illegal behavior.
Law enforcement stops or detention based only on characteristics such as ethnicity, native language or work status without a reasonable suspicion of illegal conduct are unjustified, discriminatory and violate the due process rights of noncitizens and citizens alike. Racial or ethnic profiling creates a burden not only for the individuals involved but also for society at large.
The ABA recognizes that the United States has the right and responsibility to establish limits on who is permitted to enter the country’s sovereign borders and to take actions that protect our national security and public safety interests.
However, the ABA opposes detention of citizens and noncitizens in immigration enforcement proceedings, unless there is a specific determination that the individual presents a threat to national security, a threat to public safety, a threat to another person or persons, or a substantial flight risk. That determination should occur in a hearing and be subject to judicial review.
The Constitution requires that the American justice system treat all people fairly and protect their due process rights. Doing so while enforcing immigration and other laws is also necessary to maintain public trust and confidence in our system. In these and other matters, the ABA calls upon lawyers and legal professionals to remain thoughtful in their language and engagement in civil discussions.
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Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wis., is president of the American Bar Association. Prior to joining the firm, she was the principal of the firm Michelle Behnke & Associates, where her practice focused on business, real estate and estate planning. Behnke’s experience in the real estate area was recognized by her election to membership in the American College of Real Estate Lawyers. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
Immigration enforcement and subsequent criminal and immigration proceedings should be conducted in a way that does not result in the mistaken arrest or detention of U.S. citizens. Everyone who is detained is entitled to due process and access to counsel.
The Association is closely monitoring developments in Los Angeles and around the country following the Supreme Court’s recent decision to pause a ruling that limited the ability of federal law enforcement officials to conduct immigration stops that the lawsuit alleges have been conducted based solely on racial and ethnic characteristics.
The ABA has long urged federal, state, local and territorial governments to enact effective legislation, policies and procedures to ban law enforcement’s use of racial or ethnic characteristics that are not justified by specific facts suggesting illegal behavior.
Law enforcement stops or detention based only on characteristics such as ethnicity, native language or work status without a reasonable suspicion of illegal conduct are unjustified, discriminatory and violate the due process rights of noncitizens and citizens alike. Racial or ethnic profiling creates a burden not only for the individuals involved but also for society at large.
The ABA recognizes that the United States has the right and responsibility to establish limits on who is permitted to enter the country’s sovereign borders and to take actions that protect our national security and public safety interests.
However, the ABA opposes detention of citizens and noncitizens in immigration enforcement proceedings, unless there is a specific determination that the individual presents a threat to national security, a threat to public safety, a threat to another person or persons, or a substantial flight risk. That determination should occur in a hearing and be subject to judicial review.
The Constitution requires that the American justice system treat all people fairly and protect their due process rights. Doing so while enforcing immigration and other laws is also necessary to maintain public trust and confidence in our system. In these and other matters, the ABA calls upon lawyers and legal professionals to remain thoughtful in their language and engagement in civil discussions.
——————————-
Michelle A. Behnke, a member of the Boardman Clark law firm in Madison, Wis., is president of the American Bar Association. Prior to joining the firm, she was the principal of the firm Michelle Behnke & Associates, where her practice focused on business, real estate and estate planning. Behnke’s experience in the real estate area was recognized by her election to membership in the American College of Real Estate Lawyers. She has also been elected into The American Law Institute, the American Bar Foundation Fellows and the Wisconsin Bar Foundation Fellows.
