A/HRC/11/36/Add.3 page 14 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.

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