WHEREAS, the City of Chicago houses a diverse population, including citizens of other nations, whose contributions to the community are vital to its character and function; and
WHEREAS, the United States Constitution guarantees certain fundamental rights including: freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection to any person; equality before the law and the presumption of innocence; access to counsel in judicial proceedings; and a fair, speedy and public trial; and
WHEREAS, the USA PATRIOT Act signed by George W. Bush on October 26, 2001, in the opinion of many Americans, contains a number of provisions that undermine the above mentioned rights and which fundamentally alter our civil liberties without increasing our security; and
WHEREAS, examples of the provisions in the USA PATRIOT Act and Executive Orders that may undermine the constitution and the rights and civil liberties of Chicago residents include:
A significant expansion of the government's ability to access sensitive medical, mental health, financial and educational records about individuals; and lowers the burden of proof required to conduct secret searches and telephone and Internet surveillance
- Giving law enforcement expanded authority to obtain library records, and prohibits librarians from informing patrons of monitoring or information requests
- Giving the Attorney General and the Secretary of State the power to designate domestic groups, including religious and political organizations, as ""terrorist organizations"
- Granting the Attorney General the power to subject citizens of other nations to indefinite detention or deportation even if they have not committed a crime
- Authorizing eavesdropping on confidential communications between lawyers and their clients in federal custody
- Limiting disclosure of public documents and records under the Freedom of Information Act
WHEREAS, the Department of Justice interpretations of this Act and these Executive Orders particularly target immigrants, including Hispanics, people of Middle Eastern and South Asian descent and citizens of other nations, thereby potentially encouraging racial profiling by law enforcement and the unintended consequences of increase in hate crimes by individuals in our community; and
WHEREAS, almost 200 other cities throughout the country have enacted resolutions reaffirming support for civil rights and civil liberties in the face of government policies that threaten these values, and are demanding accountability from federal agencies regarding the use of these new powers; now therefore be it
RESOLVED that the City of Chicago joins the almost 200 other U.S. cities and affirms its strong opposition to terrorism, and also affirms that any efforts to end terrorism not be waged at the expense of the fundamental civil rights and liberties of the people of Chicago, the United States and the world; and be it
FURTHER RESOLVED that the City of Chicago affirms the rights of all people, including United States citizens and citizens of other nations, living within the City in accordance with the Bill of Rights and the Fourteenth Amendment of the U.S. Constitution; and be it
FURTHER RESOLVED that the City of Chicago reaffirms the concepts and doctrines promulgated in the Bill of Rights and the U.S. Constitution by lawfully resisting every effort to erode those rights and protections including: freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection to any person; equality before the law and the presumption of innocence; access to counsel in judicial proceedings; and a fair, speedy and public trial; and be it
FURTHER RESOLVED that the members of the City Council of the City of Chicago call on our United States Representative and Senators to monitor the implementation of the USA PATRIOT Act and the Orders in furtherance thereof and actively work for the repeal of only those sections in the Act and those Orders that violate fundamental rights and liberties as stated in the US Constitution and its Amendments by sending a copy of this resolution to the Illinois delegation to Congress
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