In this episode, Jamie and Eli Baumwell (ACLU-WV Policy Director) give an update on what the ACLU-WV has been up to. We talk about DACA, ICE raids and arrests, your rights during an ICE raid, “nuisance” ordinances proliferating around West Virginia, writing angry FOIA requests, federal judges writing footnotes about Dr. Evil, and more.
United States


00:00:00one nation under God
00:00:14hello I am Jamie Lynn cross the legal director of the ACLU of West Virginia and I am here today with my colleague Eli bamel who is our policy director Noah who is our resident Floridian is luckily safely back home in Miami and his house is fine but I gave him a couple of days off to recuperate from hurricane travel and craziness I'm still here in Charleston with my cat slightly more famous than I was before I wrote the bottom or a brief and we're working on some episodes about the Muslim ban and more but for today I just wanted to give everyone an update of what's been going on and what we've been up to here at the ACLU of West Virginia it's good to have you here today
00:01:02so as you know we have been pretty busy here and I just wanted to give everyone an update of what's been going on and what we're up to here at the state level recently it's Donald Trump announced that he would be terminating the deferred action for childhood arrivals or DACA program in 6 months dreamers dreamers being children of immigrants were brought to the country when they were young but living here without proper documentation
00:01:36right and there are a whole bunch of requirements to even qualify for DACA and even if you meet all of the qualifications that still doesn't guarantee your approval what DACA does is it allows a limited number of people who meet all of these qualifications and who the federal government has approved to be able to live here legally and work or go to school can you tell us a little about some of the requirements people have to make to qualify for DACA you have to come to United States before your 16th birthday you have to live continuously in the United States since June 15th of 2007 you have to have been under the age of 31 on June 15th of 2012 you have to complete a high school or a GED or have been honorably discharged from the Army armed services or have to be currently enrolled in school
00:02:36you also have to have had no felony convictions or serious misdemeanors or three more other misdemeanors and otherwise do not pose any sort of threat to National Security or Public Safety
00:02:47so tacos an obama-era program that has helps like we said almost a million people and if Congress doesn't act in 6 months it will leave all of these people in limbo something that people need to be aware of is that if you are a DACA recipient and your status expires before March 5th you can renew your DACA status but only until October 5th of this year so if you're a DACA recipient check now to see when your status expires and if it expires before March 5th renew now
00:03:20if you're in West Virginia you can actually contact Brittany young was a lawyer with Catholic Charities she's one of the main people who can help you with this and it's really been concerning us are the increased ice raids and arrests here in West Virginia and around the country and one thing that it's been important for me to do is teach people about their rights interesting Lee and this is not the case in most States but most arrest by ice in West Virginia or what are called collateral and basically what this means is I sprayed a restaurant and they ask for Stephanie Stephanie isn't there so then ice agents will walk around and demand see everyone's papers and what most people don't know is that they don't have to say anything to those ice agents everyone on us soil has a right to remain silent you don't have to give up any information about yourself including your immigration status so please tell this to his
00:04:20any people as you can and we are going to put out a spanish-language episode with this information in the future also reach out to us we would love to hear the stories and share them so the people can understand who's actually being affected by these raids and buy these policy changes America is not the ACLU story it's your story and if you want to tell it please reach out we'd love to have you on the podcast or do some work with you I'm going to let Eli talk a little about our next topic which is the nuisance ordinances which have been proliferating around our state be like can you tell our listeners a little bit about these ordinances and why we're worried about them with an ordinance in Martinsburg that was aimed at so-called drug houses what these ordinances aim to do is take houses where there have been two or more suppose and violations of the law
00:05:19that would be things like illegal drug activity gambling or prostitution and force the landlord to take some sort of corrective action usually that means evicting the tenants
00:05:30this is concerning to us for a number of reasons first of all most of the organs that was seen crop up since Martinsburg and that includes and places like Nitro Huntington and Parkersburg among other municipalities don't require any sort of conviction they don't even necessarily require an arrest that means at the mere allegation of illegal activity can be enough to force people to be evicted
00:05:54Eli are people in America considered innocent until proven guilty of a crime is a civil asset forfeiture that that is not necessarily the case when it comes to these things huh these ones are also concerned because they propose a real risk to vulnerable people not only are the elderly and minorities more likely to be the victims of these sort of ordinances victims of violence are also really at risk with these types of ordinances what happens is people are afraid to call the police if they think that other activity may be found whether it's drug activity or anything else so they'll remain silent and I'll contact police if they're in a abusive situation this is very dangerous
00:06:54and hurt by these types of ordinances around the country with domestic violence victims where this is exactly what's happened to point out these ordinances raised concerns that they could be abused that is to say if police have people that they don't like but don't have any reason to arrest them or if landlords have tenants they don't like but don't have any reason to a victim they can use the sword hortense's by calling the police on unnecessary complaints to trigger this and find pretense to evict people that's it discourage people from calling nine-one-one
00:07:34anytime you're going to encourage people not to seek help we're doing the wrong thing
00:07:40I was excited to see that the City of Fairmont pasta human rights ordinance can you tell a little bit about that to lbgt individuals that's a great step for an estate worth now seeing the number of these municipalities past soreness is like this the one exception being Parkersburg listeners now at the city of Parkersburg recently considered an acting human rights non-discrimination ordinance that would have protected people from discrimination based on their sexual orientation or gender identity unfortunately after some pretty hateful things were said in the city council chambers that ordinance failed protected and it's also pretty cool if you look into the places that have them because it goes from you know are bigger cities which people would expect like Charleston in Morgantown down to Thurmond which I believe
00:08:40the population of 4 people is actually larger than Thurman which is impressive cuz we don't have a big staff here at the ACLU of West Virginia
00:08:50if you're in West Virginia or outside of West Virginia and you may have seen in the news this week that a student in Clay County was harassed by a school bus driver who was also allegedly and in uniform sheriff's deputy who called the student of faget and said something to the effect of faggets are going to hell it says so in the Bible as you can imagine this is something that I was incredibly disturbed by as was everyone in our office and on September 15th we sent some angry for a request to both the school superintendent and the county sheriff if you were thinking to yourself that you didn't know if we're request could be angry I actually didn't know that myself until a couple of days ago when I drafted them
00:09:42initial news reports indicate that the Sheriff's Office isn't going to do anything to correct this but I've waited all of their policies and procedures related to wearing your uniform and diversity initiatives and any types of training that they might give their officers so it will still be interesting to see what they send us so I know you're probably looking for an update on John Oliver and Bob Murray that case is back in state court now and the plaintiffs have decided not to refile their motion for a temporary restraining order that was the motion that I filed my Infamous Amicus brief regarding but I am keeping an eye on the case and I'll let you know if we decide to jump in again I also recommend checking out the room and order that judge Bailey wrote in that case which will Lincoln are shown of it it has a great foot in it that explains dr. evil and trusting me about Marie also sued the New York Times here in West Virginia
00:10:42it's a case that's almost as ridiculous basically Bob Murray is mad about an editorial that he thinks it is critical of coal and president Trump and himself unfortunately Cole is not a named plaintiff in the case but I'm holding out hope that maybe they'll try to intervene in the future the motion to dismiss this case was actually recently denied and what this does is it helps people like Bob Murray who continue to abuse our court system up with these ridiculous cases will link the New York Times editorial that is the subject of this lawsuit in the show not take a look at the editorial and please let me know if you can find anything in there that could possibly be defamatory when it's discussing a public figure and a public company and finally I'm very happy to announce that the charges against Dan Hyman have been if you haven't listened to the first episode of civil fights please go back and take a listen now we talked to Dan himself at chat
00:11:42with Eli and we also talked to Jim policinski at the Newseum about why it's important not to criminally prosecute journalist for doing their job journalism it was not unlawful and did not violate the law with which he was charged with willfully disrupting a state governmental process or meeting and as we discussed in that first episode not only it did Dan not actually violate that particular law any prosecution of him clearly would have violated the First Amendment will be keeping an eye on all of this and more but in the meantime you still have a constitutional right to tell Bob to eat shit
00:12:25Eli thank you so much for chatting with us today is there anything else you want to talk to her audience about
00:12:33all Roman Reigns to pay attention to ACLU West Virginia events particular citizen activist activist training we got another one coming up October 12th in the Bluefield area if you're down there would love to see you come out and even if your
00:12:48things on her Facebook page so please check them out you can also find the ACLU of West Virginia at ACLU wv.org on Facebook at American civil liberties Union of West Virginia and yes you do have to spell it out like that to find us on Facebook on Twitter we're at ACLU underscore WV and I hear that someone who's really cool and funny runs that Twitter account
00:13:13if you're looking to contact civil fights you can find us on Twitter at civil fight spot you can find me at Jamie Lynn cross for cat pictures and profane Rams which do not represent the views of the ACLU of West Virginia I also made no I got a Twitter account so you can find him at Noah brazinski and he laughing Karen Twitter too aren't you
00:13:33I am on Twitter
00:13:36and I'm on Twitter at Eli ACLU WV
00:13:42thank you to Brian Disneyland Pat Gilroy for doing I sound editing and mastering Titans of punk which is Pat Gilroy and Jeremy galantis for our amazing original music Tim and Molly for always handling posting the blog that I write a company needs shows Texas on the internet for providing me with a lot of entertainment during this difficult work week and my cats were mostly being quiet so I'm trying to report please check out our past episodes and rate US on iTunes if you haven't yet and will talk to you soon
00:14:25pillow fight

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