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distributes study materials to help immigrants prepare for the test. Information guides are also
available to new immigrants with information on rights and responsibilities as well as practical
help on issues such as employment education and taxes.20
45. Immigrants are entitled to some constitutionally-protected rights regardless of their
immigration status. In Plyler v. Doe, the Supreme Court established that denying free public
education to children on the basis of immigration status is unlawful. Furthermore, although the
Immigration and Nationality Act protects only documented migrants from employment
discrimination, unfair documentary practices and retaliation, EEOC noted several judicial
decisions that prevent courts from disclosing the immigration status of plaintiffs in employment
discrimination cases.
IV. VIEWS OF CIVIL SOCIETY AND COMMUNITIES CONCERNED
A. Law enforcement
46. One of the key issues mentioned by civil society was the weak record of civil rights
enforcement by the Federal Government. In particular, reference was made to the limited number
of cases filed by the Civil Rights Division of the Department of Justice, especially when
compared to previous administrations. This has led to a growing perception of discredit by civil
society organizations in the Division’s commitment to enforce civil rights laws.
Racial disparities in the criminal justice system
47. The most critical issue of concern raised by civil society organizations, minority
communities and victims themselves was related to racial disparities in the criminal justice
system. Interlocutors pointed to an overrepresentation of individuals belonging to racial and
ethnic minorities in the criminal justice system. While in mid-2007 black males constituted
around 12.5 percent of the population, they comprised 38.9 percent of the number of people in
U.S. prisons and jails.21 Black males are therefore 6.5 more likely to be incarcerated than white,
non-Hispanic males. While many civil society organizations agreed that part of the explanation
to these disparities is related to social factors, particularly the overlap of poverty and race, it was
pointed out that racial discrimination also plays a key role in explaining this phenomenon.
48. Studies have identified racial disparities at several stages of law enforcement activities. A
key example is traffic stops. A report by the Department of Justice recently found that whereas
white, black and Hispanic drivers were stopped by the police at similar rates, black and Hispanic
drivers were approximately 2.5 times more likely to be searched; the rate of arrests was two
times higher for blacks and 50 percent higher for Hispanics; blacks were 3.5 times more likely
20
See U.S. Citizenship and Immigration Services. Welcome to the United States: A Guide for
New Immigrants. Available at http://www.uscis.gov/files/nativedocuments/M-618.pdf.
21
See U.S. Census Bureau, Annual Estimates of the Population by Sex, Race, and Hispanic
Origin for the United States: April 1, 2000 to July 1, 2007 and Bureau of Justice Statistics,
Prison Inmates at Midyear 2007.