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79. Serious concern was expressed by several civil society organizations regarding worksite
immigration enforcement by Immigration and Customs Enforcement (ICE) officials, particularly
regarding allegations of the use of an individual’s appearance to determine which individuals in
a worksite or community should be screened for immigration status. Concerns were also
expressed regarding cooperation agreements between ICE and local law enforcement agencies
that allow the latter to enforce immigration laws, which could have serious implications in
generating distrust among communities and local police.
V. ANALYSIS AND ASSESSMENT
80. Racism and racial discrimination have profoundly and lastingly marked and structured
American society. The United States has made decisive progress in the political and legal combat
against racism, through the resistance of communities of victims, the exemplary and powerful
struggle of civil rights movements and the growing political confrontation of racism. However,
the historical, cultural and human depth of racism still permeates all dimensions of life of
American society.
81. The Special Rapporteur noted a strong awareness at all levels of government and society
regarding the challenges in the fight against racism. He interprets this finding as a direct legacy
of the continuous and determined struggle of the civil rights movement. In particular, he noted
the recognition by authorities of the persistence of different manifestations of racism in the
country and willingness to tackle this phenomenon. The Special Rapporteur considers awareness
and open recognition of manifestations of racism as a precondition of any efforts to adequately
tackle the problem. In particular, he commends the United States for the quantity and quality of
information on issues related to his mandate, produced both by State institutions and civil
society, and including racially- and ethnically-disaggregated data on demographic, social and
cultural indicators. This information is essential for identifying trends and designing effective
public policies.
82. The legacy of the civil rights movement is also reflected in the solid and comprehensive
legal framework put in place in the country, particularly after the adoption of the Civil Rights
Act of 1964 and extended in a variety of federal and local statutes and institutions. The Special
Rapporteur would also like to note the central role played historically by the U.S. Supreme Court
in the fight against racial discrimination, starting in Brown v. Board of Education and expanded
thereafter. The legal and institutional frameworks are in any State the first lines of defence
against racism, not only enforcing the obligation to equal treatment, but also giving victims
access to remedies and, ultimately, to justice.
83. The vitality of civil society is a third decisive element that contributes to the fight against
racism. The Special Rapporteur was impressed with the quality of the work conducted by NGOs
across the country, playing a key role in holding governments accountable to its obligation to
enforce civil rights laws.
84. The Special Rapporteur identified a number of challenges in the fight against racism that
should be addressed, both at the Federal and local levels.
85. Throughout his mission and in the analysis of documents, the Special Rapporteur was
exposed to three broad types of issues: instances of direct racial discrimination; laws and policies