About the Racial Justice Program
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"We hold these truths to be self-evident: that all men are created equal. That they are endowed by their creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness."
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With these words, the authors of the Declaration of Independence outlined a bold vision of a nation in which all people would be free and equal. More than two hundred years later, it has yet to be achieved. Though generations of civil rights activism have led to important gains in legal, political, social, employment, educational and other spheres, the forced removal of indigenous peoples and the enslavement of those of African descent marked the beginnings of a system of racial injustice from which our nation has yet to break free. From public educational institutions where students of color are too often confined to racially isolated, underfunded and inferior schools, to a criminal justice system that disproportionately targets and incarcerates people of color, to anti-immigrant legislation, disfranchisement and housing starkly segregated by race and class, the dream of full equality remains an elusive one.
While the law provides equal opportunity in theory, it is too often denied in fact. The Racial Justice Program aims to preserve and extend constitutionally guaranteed rights to people who have historically been denied their rights on the basis of race. The Program is committed to combating racism in all its forms, and its advocacy includes litigation, community organizing and training, legislative initiatives, and public education to address the broad spectrum of issues that disproportionately and negatively impact people of color.
WHO WE ARE
The Racial Justice Program is a division of the American Civil Liberties Union, the nation’s leading advocate of constitutional and civil rights. Staff members of the program are experts in constitutional law and civil rights, specializing in education, health care, racial profiling, juvenile justice, criminal justice, indigent defense, and other racial justice issues. Experts in policy, advocacy, and community organizing round out the core staff of the RJP.
The addition to the team based in our National office, racial justice litigators, organizers and advocates are at work in ACLU affiliates throughout the United States. In addition to our own work, the Racial Justice Program supports and coordinates racial justice efforts in every state, advocating for justice and equality on the national scale and in communities across the country.
WHAT WE DO
The Racial Justice Program brings impact lawsuits in state and federal courts throughout the country, cases designed to have a significant and wide-reaching effect on communities of color. In coalition with ACLU affiliates in each state, other civil rights groups, and local advocates, we lobby in local and state legislatures and support grassroots movements. Throughout these efforts, we strive to educate and empower the public.
We advocate for racial justice through a variety of means, which include:
- Impact litigation
- Community organizing and training
- Legislative initiative
- Public education
ISSUES WE COVER
In its landmark 2003 decision in Grutter v. Bollinger, the Supreme Court upheld the constitutionality of a law school's use of race as a factor in admissions decisions. The ruling confirmed the importance of affirmative action, but affirmative action policies in education, employment, state contracting and other spheres have continued to come under attack. Several states, including Michigan, Missouri and California, have banned the use of affirmative action, and similar referenda are expected in other states. The RJP actively supports affirmative action to secure racial diversity in educational settings, workplaces and government contracts, to remedy continuing systemic discrimination against people of color, and to help ensure equal opportunities for all people.
Conditions of Confinement
Over 2 million Americans are in prison or jail, and a disproportionate number are people of color. Locked out of sight and isolated from their families and communities, prisoners are vulnerable to a wide range of abuses, and the population of people who are incarcerated continues to grow. The ACLU’s Racial Justice Program, National Prison Project, Women's Rights Project and other projects work to ensure the humane treatment of incarcerated people.
The Bill of Rights covers all Americans, including suspects, defendants, offenders and prisoners. Many of the protections also apply to those living on American soil as immigrants—documented and undocumented. With amendments to guard against unreasonable search and seizure, guarantee the right to reasonable bail, ensure due process of law and prevent cruel and unusual punishment, our constitution is meant to stop government abuses of power. But all too often, the rights of those involved in the criminal justice system are compromised or ignored. Disempowered low-income communities of color are especially vulnerable to such abuses because they are targeted by the war on drugs, racial profiling and other discriminatory policies and practices. The Racial Justice Program works with the Drug Law Reform Project, National Prison Project, Women's Rights Project and other ACLU projects and affiliates to reform the criminal justice system and make the promise of fair treatment a reality for all people. We work to improve conditions of confinement, access to counsel, indigent defense systems, services for juvenile offenders, and in other areas.
More than fifty years after Brown v. Board of Education, many students of color throughout the United States continue to struggle in racially isolated, under-funded and inadequate schools. The Racial Justice Program supports affirmative action, school integration, the improvement and equalization of educational programs and facilities, and other initiatives that help ensure high-quality education for all students. Through our focus on the School to Prison Pipeline, we challenge policies and practices in public schools that channel students, primarily minority children, out of schools and into the juvenile and criminal justice systems.
Affirmative Action in Education
In its landmark 2003 decision in Grutter v. Bollinger, the Supreme Court upheld the use of race in admissions decisions to “further a compelling interest in obtaining the educational benefits that flow from a diverse student body.” The ruling affirmed the importance of affirmative action in education, but affirmative action policies have continued to garner much criticism, and several states have banned the use of affirmative action in educational and other spheres. The ACLU actively supports the continued use of affirmative action policies to secure racially diverse student bodies and counteract the effects of past and present discrimination.
Integration of Public Schools
In 1954, the Supreme Court overturned the Plessy v. Ferguson (1896) mandate that had served to enforce the second-class citizenship of black Americans for decades after emancipation, ruling in Brown v. Board (1954) that “Separate educational facilities are inherently unequal.” More than fifty years later, the vision of quality, integrated schools for all our nation’s children remains a dream deferred. According to recent research from the Harvard Civil Rights Project, the number of so-called “apartheid schools” - those that are 90% or more students of color - is large and growing, with more than one in six black children and one in ten Latino children attending such schools. Often concentrated in urban areas with middle-class, majority-white suburbs nearby, students of color are frequently isolated not only by race, but poverty.
In our ever-more diverse nation, the ability to interact with and learn from people from different backgrounds is a critical component of every child’s education. Through cases like Sheff v. O’Neill, the Racial Justice Program aims to improve, equalize and integrate our nation’s schools. As the Supreme Court considers the constitutionality of voluntary school integration programs in Seattle and Louisville this term, we express our continued support for initiatives that take race into account in creating balanced, integrated schools.
School to Prison Pipeline
The Racial Justice Program is committed to challenging the "school to prison pipeline," a disturbing national trend wherein children are funneled out of public schools and into the juvenile and criminal justice systems. Many of these children have learning disabilities or histories of poverty, abuse or neglect, and would benefit from additional educational and counseling services. Instead, they are isolated, punished and pushed out. “Zero-tolerance” policies criminalize minor infractions of school rules, while high-stakes testing programs encourage educators to push out low-performing students to improve their schools’ overall test scores. Students of color are especially vulnerable to push-out trends and the discriminatory application of discipline.
The Racial Justice Program believes that children should be educated, not incarcerated. We are working to challenge numerous policies and practices within public school systems and the juvenile justice system that contribute to the school to prison pipeline. Read more about our School to Prison Pipeline work.
Removed from their communities and kept out of sight, people in the criminal justice system can easily become victims of government abuses of power. Within this group, juvenile suspects, defendants, offenders and prisoners are among the most vulnerable. Limited life experience and ignorance of their basic rights can make it difficult for youthful offenders to protect their own interests, and too often, juveniles forgo their rights without realizing that they have done so. The ACLU works to ensure adequate representation, decent care during periods of incarceration, and other rights for those in the juvenile justice system. Through our focus on the School to Prison Pipeline, we also challenge policies and practices in public schools that channel students, primarily minority children, out of schools and into the juvenile and criminal justice systems.
5.3 million American citizens are barred from the polls because of a felony conviction. In 11 states, you can lose your right to vote for life. Voting is a fundamental right and a cornerstone of our democracy, yet millions of Americans have had their right to vote revoked for periods ranging from the time spent incarcerated to a lifetime. Restoring the right to vote strengthens democracy by increasing voter participation, helps people reintegrate into their communities after serving sentences, and gives those convicted a political voice. Through legal, legislative, administrative and public advocacy, as well as the application of international human rights standards, the ACLU seeks to advance voting rights for people with criminal convictions. We litigate, provide legislative counseling, survey the practices of elections and corrections officials to determine whether existing disfranchisement laws are properly administered, and educate the public to increase awareness of the scope of disenfranchisement and to promote the restoration of voting rights. The ACLU is also part of Right to Vote, a nationwide campaign which educates the public about felony disfranchisement and works to restore the vote to all Americans through changing policies, practices and perceptions at state and national levels.
The ACLU fights abusive law enforcement and private security practices that disproportionately target people of color, including Arabs, Muslims and South Asians. The ACLU has represented victims of racial profiling by airlines, police and government agencies. Recognizing that any end to racial profiling must come from changes at multiple fronts, our advocacy also includes litigation of egregious airline and highway profiling cases and lobbying for the passage of data collection and anti-profiling legislation. In addition, our Campaign Against Racial Profiling encompasses major initiatives in public education and organizing, including a Freedom Files film about the real people who've had their lives affected by this illegal practice; a bustcard on what to do if you're stopped by the police; "Know Your Rights" brochures available in 8 different languages; and fact sheets on Hip Hop Surveillance/Racial Profiling, Consent Search Bans, and Highlights in the Fight Against Racial Profiling.
Right to Counsel and Indigent Defense
The Sixth Amendment guarantees every person accused of a crime the right to an attorney for his or her defense, regardless of ability to pay for counsel. The Fourteenth Amendment, meanwhile, guarantees all citizens equal rights regardless of race or national origin. Yet all too often, these rights are violated by indigent defense systems that leave low-income people, including many people of color, without adequate representation. Juveniles are especially hard-hit by inadequate public defense, as conviction in juvenile court is a common first step on the School to Prison Pipeline. Through the Racial Justice Program, the ACLU works to ensure that criminal justice systems provide equal justice for all. We have filed lawsuits around the country challenging governments’ failure to provide adequate legal representation as guaranteed by the Constitution, and we also work with state governments to craft well-functioning indigent defense systems.
Racial disparities in access to quality healthcare have long been documented. Where possible, the Racial Justice Program is committed to exposing those disparities and engaging in advocacy designed to eliminate them. For example, in many of New Jersey's large urban areas, lead poisoning afflicts one in 10 children between the ages of 3 and 5. The majority of these children are socio-economically disadvantaged children of color. The Racial Justice Program is committed to advocating on behalf of New Jersey’s children, as well as the many others who lack access to quality healthcare. For the last five years, we have worked with public health officials, service providers and advocates in New Jersey to increase the screening of poor and minority children for lead poisoning.