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Resolution
Supporting the Opposition of
Unconstitutional Laws and Orders
WHEREAS, the members and
officers of the League of United Latin American
Citizens are dedicated to the principles of
liberty, equality rights, and justice on which
our country was founded; and
WHEREAS, the
United States of America, its states and local
governments, and its individual citizens are
obligated to protect the public from terrorist
attacks but in so doing should ensure that any
security measures enhance public safety without
infringing on constitutional rights and civil
liberties; and
WHEREAS, some
provisions of the USA PATRIOT ACT (PL.107-56),
such as those listed below, as well as related
Executive Orders and Directives, pose a threat
to the constitutional rights and civil liberties
of citizens, immigrants and international
visitors:
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Section 412
permits indefinite incarceration of
immigrants and other non-citizens on the
basis of the U.S. Attorney General’s
certification that they fit within the broad
definition of terrorist. This certification
is based on the U.S. General’s discretion
alone, with very limited review; and
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Section 215
gives law enforcement authorities broad
access to educational, medical, financial,
sales, and library records without probable
cause.
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Section 209
and 215 allows the FBI to search anybody’s
personal records, voice mail messages, book
purchases, or video rentals without probable
cause.
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Section 215
forbids anyone from letting the person who
is the object of a USA PATRIOT ACT search
know what the FBI is doing or has done.
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Section 213
allows authorities to conduct secret “sneak
and peak” searches of a person’s home or
business, take pictures and seize items
without providing timely notice of the
issuance of a warrant.
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Section 411
and 802 broadly expand the definition of
terrorism so that domestic organizations
which engage in certain types of civil
disobedience could be labeled as terrorist.
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Sections 201
and 216 permit government agents to monitor
Internet traffic and e-mail communications
without probable cause and requires judges
to approve a wiretap without knowing who is
to be tapped or where the tap is to be
placed.
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Section 806
allows the government to seize the assets of
an individual or an organization without
prior notice or hearing.
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Sections 203
and 901 permit a vast array of information
on U.S. Citizens, immigrants and visitors to
be gathered and shared with the C.I.A. and
other non-law enforcement officials.
WHEREAS, the
delegates to the National Convention of LULAC
here assembled believe that there is no inherent
conflict between national security and the
preservation of fundamental rights and
liberties; and
WHEREAS, the
delegates wish to join the hundreds of
communities and organizations throughout the
United States which have passed resolutions
which support constitutional rights and
liberties;
NOW THEREFORE, LET IT
BE RESOLVED, by the 2004 National
Convention of LULAC that the following actions
will be taken: the national officers of LULAC
will remind all members and employees of their
obligation to respect and uphold the
constitutional rights and liberties of all
residents, immigrants, and visitors in the
United States of America; and the National
officers of LULAC will urge all members and
employees to oppose unconstitutional laws and
orders that would violate the rights and
liberties of residents, immigrants and citizens
of the United States.
BE IT FURTHER RESOLVED,
that LULAC urge the Congress of the United
States of America no to extend the portions of
the USA PATRIOT ACT which will automatically
expire at the end of the year 2005, and to
repeal those portions of the act which are
permanent; and to pass legislation to prevent
domestic terrorism while protecting the rights
and liberties guaranteed under the Bill of
Rights of the United States Constitution.
Submitted by Henry Rodriguez,
Director of Communities Affairs,
Concilio Zapatista #4383.
Adopted this 10th day of July
2004.
Hector M. Flores
LULAC National President |
