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Disadvantaged Groups in America

[from United States Commission on Civil Rights, Redefining Rights in America: The Civil Rights Record of the George W. Bush Administration, 2001–2004, Executive Summary, x-xii (pdf)]

African American rights dominated the pre-1970s struggles for equality, but they shared a common goal with other minority groups and women who sought comparable solutions to discriminatory treatment. Although the country has made progress, its struggle toward equal rights for all remains elusive.

Immigrants: This report examines three administration immigration proposals or policies. All lack strong civil rights protections for immigrants.

• President Bush has made encouraging comments about the extension of rights to immigrant workers, but has not followed through with action. For example, he initially considered granting amnesty to approximately 3 million undocumented Mexican immigrants in 2001, but subsequently terminated his efforts. In January 2004, the President again proposed a temporary worker program for undocumented immigrants but has not pushed for its passage.

• President Bush has endorsed policies that allow discrimination against certain groups in the processing of asylum requests. For instance, on the unproven claim that Haitian refugees may threaten national security, President Bush granted authority to federal agents to hold them in detention indefinitely without bond until their cases are heard by an asylum court. The United States does not apply such policy to any other immigrant group.

• Following the terrorist attacks, the administration instituted policies that singled out immigrants from Middle Eastern and Muslim countries. The DOJ allowed local law enforcement to contact and question visitors, citizens, and other residents. It also detained witnesses on minor violations, held many in secret in harsh conditions, and did not inform them of charges against them. The administration limited available channels for legal entry and began requiring individuals from selected countries to register and submit fingerprints and photographs upon arrival.

Native Americans: President Bush has acknowledged the great debt America owes to Native Americans. However, his words have not been matched with action. Commission reports document that the President has not effectively used the stature of his office to speak out on ending discrimination against Native Americans. Nor has he engaged in a consistent effort to alleviate their problems. He has not applied resources to improving conditions or adequately funded programs that serve Native peoples. For example:

• President Bush has not requested sufficient funding for tribal colleges and universities, has proposed terminating $1.5 billion in funding for education programs that benefit Native Americans, and has not provided adequate resources to meet NCLB goals that apply to Indian Country.

• For 2004, the administration requested $3.6 billion for the Indian Health Service, the primary provider of Native American health care. This falls far short of the $19.4 billion in unmet health needs in Native communities.

• President Bush’s budget requests for housing programs have not approached the $1 billion required to meet the demand, and consequently, Native Americans have an immediate need for 210,000 housing units.

• In 2003, President Bush terminated funding for critical law enforcement programs, including the Tribal Drug Court Program. Experts agree that problems with the criminal justice system in Indian Country are serious and understated.

Persons with Disabilities: President Bush has demonstrated a commitment to improving the lives of individuals with disabilities, a goal he outlined during his campaign. Although too soon to measure the ultimate impact of the administration’s efforts, the disability rights community has embraced them.

• The administration implemented the New Freedom Initiative (NFI) to integrate disabled individuals into the labor force and abolish hurdles to full participation in community programs and services.

• President Bush directed several agencies to assist states in expanding community-based services for individuals with disabilities, and introduced a Web site to make information more readily available.

• In his 2004 budget, the President proposed $2.1 billion in NFI funding over a five-year period.

• President Bush also created the President’s Commission on Excellence in Special Education (PCESE) to gather data on and examine special education programs. It offered recommendations for the reauthorization of the Individuals with Disabilities Education Act (IDEA), many of which were similar to those the Commission made in 2002. However, while PCESE supported a limited amount for IDEA, the Commission noted the need for full and immediate funding. Congress has yet to finalize IDEA’s reauthorization. In the meantime, President Bush has the opportunity to demand congressional action and demonstrate his commitment to individuals with disabilities.

Women: President Bush’s record on women’s issues is mixed. Economic gains for which he has paved the way are overshadowed by other actions that have set back women’s rights. For example:

• The Bush administration closed the White House Office for Women’s Initiatives and Outreach and attempted to close the Women’s Bureau at the Department of Labor (DOL). It retreated amid objections from women’s groups.

• The administration withdrew Department of Education guidance on sexual harassment in schools from the Internet and ended distribution of information on workplace rights of women.

• President Bush attempted to redirect Title IX enforcement, but ceased his effort after overwhelming public expressions of support for the law.

• The administration commendably launched a plan to improve women’s access to capital by creating a Web site for women entrepreneurs and holding related conferences, but at the same time abolished DOL’s Equal Pay Initiative.

Gay Men and Lesbians: President Bush appointed some gay rights supporters to Cabinet and administration positions. However, other actions he and his administration have taken have almost completely eclipsed the efforts he made. For example:

• In 2003, Attorney General John Ashcroft did not allow a Gay Pride Month celebration at DOJ, even though it had been an established program at the agency. He relented after protestations, but did not permit the use of agency funds, even though they are used for other heritage and history commemorations.

• President Bush opposes the Employment Non-Discrimination Act and Hate Crimes Prevention Act, both of which include protections for gay individuals.

• In 2004, the Office of Special Counsel removed documents pertaining to sexual orientation discrimination in the federal government from its Web site. Only after the action was publicized did the administration direct that the materials be re-posted.

• President Bush has stated unequivocal support for a constitutional amendment banning same-sex marriages. If passed, the amendment would be the first in U.S. history to limit rather than preserve and expand the rights of a group.

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