WASHINGTON, DC – Today, MALDEF President and General Counsel, Thomas A. Saenz, presented oral argument before the U.S. Supreme Court in United States v. Texas, a case challenging the constitutionality of President Obama’s executive actions on immigration, including the expansion of Deferred Action for Childhood Arrivals (DACA) and the initiation of Deferred Action for Parents of Americans (DAPA).
Immigrants’ Rights
MALDEF WINS COURT ORDER BLOCKING TEXAS IMMIGRANT HARBORING LAW
SAN ANTONIO, TX – Today, a federal judge issued a preliminary injunction blocking the immigrant harboring provision of HB11, which was enacted in the 2015 Texas Legislative Session. Judge Ezra, of the U.S. District Court for the Western District of Texas, ruled that the plaintiffs were likely to succeed on their claim that the Texas immigrant harboring law is preempted by federal law: “Congress created a federal statutory scheme regarding the harboring and transporting of undocumented aliens so pervasive that it left no room in this area for the state of Texas to supplement it.” Judge Ezra also concluded that the Texas immigrant harboring law conflicted with federal harboring law in key respects and thus was likely preempted. Although the court dismissed two other claims put forward by the plaintiffs, the court held that because the Texas immigrant harboring provision was likely unconstitutional, it should be blocked.
CITY OF BALDWIN PARK SETTLES SUIT BROUGHT BY FATHER UNLAWFULLY DETAINED IN VIOLATION OF CALIFORNIA TRUST ACT
LOS ANGELES, CA – Today, MALDEF and the National Day Laborer Organizing Network (NDLON) announced a settlement in the first-ever lawsuit alleging violations of California’s TRUST Act, which limits the situations in which local law enforcement agencies may detain individuals on the basis of immigration hold requests. Plaintiff Sergio Flores was detained by the City of Baldwin Park on an immigration hold over a span of four days in March 2014, following his arrest for driving without a license. Under the settlement announced today, the City will compensate Mr. Flores for emotional distress he suffered during his unlawful detention and will also pay attorneys’ fees and costs.
THREE STATE LEGISLATORS SEEK TO JOIN LAWSUIT AGAINST NEW MEXICO TAXATION AND REVENUE DEPARTMENT
SANTA FE, NM – Today, MALDEF and its co-counsel announced that three New Mexico state legislators have filed a request to join a lawsuit to block the New Mexico Taxation and Revenue Department and Secretary Demesia Padilla (collectively, “TRD”) from continuing to unlawfully withhold millions of dollars from immigrant taxpayers who use federal Individual Tax Identification Numbers (“ITINs”) to file their returns. The legislators include the Honorable Gerald Ortiz y Pino, New Mexico State Senator; the Honorable Richard Martinez, New Mexico State Senator; and the Honorable Miguel P. Garcia, New Mexico State Representative. The law firm of Freedman, Boyd, Hollander Goldberg Urias & Ward, P.A., and the New Mexico non-profit organization, Somos Un Pueblo Unido, are co-counsel in the case.
FEDERAL APPEALS COURT REAFFIRMS ARIZONA UNCONSTITUTIONALLY DENIED DRIVERS LICENSES TO IMMIGRANT YOUTH
MALDEF AND CO-COUNSEL SEEK INJUNCTION AGAINST NEW MEXICO TAXATION AND REVENUE DEPARTMENT
SANTA FE, NM – This week, MALDEF formally requested an injunction in state district court against the New Mexico Taxation and Revenue Department and Secretary Demesia Padilla (collectively, “TRD”) to prevent them from continuing to unlawfully withhold millions of dollars from immigrant taxpayers who use federal Individual Tax Identification Numbers (“ITINs”) to file their tax returns until two pending lawsuits, originally filed in February of 2015, are resolved. The law firm of Freedman, Boyd, Hollander Goldberg Urias & Ward, P.A., and the New Mexico non-profit organization, Somos Un Pueblo Unido, are co-counsel in the case.
MALDEF AND PARTNERS URGE ARIZONA GOVERNOR TO OPPOSE UNCONSTITUTIONAL ANTI-IMMIGRANT BILL
MALDEF FILES SUIT AGAINST UNIVERSITY SYSTEM OF GEORGIA FOR DENYING DEFERRED ACTION STUDENTS IN-STATE TUITION
ATLANTA, GA – Today, MALDEF, along with local counsel Horsley Begnaud, LLC, filed a federal-court lawsuit against the University System of Georgia, challenging a policy denying in-state tuition to individuals lawfully present as recipients of deferred action from the United States government. The lawsuit alleges that the University of Georgia System’s practices violate the Supremacy and Equal Protection clauses of the U.S. Constitution. The Defendants are the Board of Regents members and the University Presidents.
MALDEF FILES LAWSUIT CHALLENGING TEXAS IMMIGRANT HARBORING LAW
SAN ANTONIO, TX – Today, MALDEF filed a legal challenge to Texas House Bill 11’s immigrant harboring provision, which targets workers at immigrant shelters and landlords who rent to undocumented immigrants. HB 11 creates a new felony offense of immigrant harboring under which individuals can be arrested and prosecuted for providing shelter or renting a home to undocumented immigrants.
AS COUNSEL FOR THE ONLY INTERVENORS IN TEXAS V. UNITED STATES, MALDEF WILL CONTINUE TO DEFEND CLIENTS AS SUPREME COURT REVIEWS IMMIGRATION CASE
WASHINGTON, DC -Today, the U.S. Supreme Court decided to review Texas v. United States, a case challenging the constitutionality of President Obama’s executive actions on immigration, including the expansion of Deferred Action for Childhood Arrivals (DACA) and the initiation of Deferred Action for Parents of Americans (DAPA). MALDEF’s clients, three mothers from South Texas, were the only parties granted intervention, joining the Obama Administration in defending the case as it moved through the Supreme Court.
ACCESS TO IN-STATE GRANTS FOR TEXAS IMMIGRANT YOUTH SECURED AS SUIT DISMISSED
HARRIS COUNTY, TX – Late last week, in a resounding victory for Texas students, anti-immigrant advocates dropped a lawsuit that sought to deny state college aid to undocumented youth. In Immigration Reform Coalition of Texas (IRCOT) v. Texas, IRCOT asked the court to strip immigrant students of their right to access in-state tuition and grants, despite a Texas law (HB 1403) that provided for educational access to all Texas students, regardless of immigration status.
MALDEF CLIENTS WILL JOIN OBAMA ADMINISTRATION AS PARTIES DEFENDING DACA/DAPA AS CASE MOVES TO THE U.S. SUPREME COURT
NEW ORLEANS, LA – Yesterday, the U.S. Court of Appeals for the Fifth Circuit issued an order allowing MALDEF’s clients, three mothers from south Texas who intend to apply for Deferred Action for Parents of Americans (DAPA), to participate as parties in the appeal recently decided by a Fifth Circuit panel. The women will therefore have party status, with all rights of parties, including briefing, argument, and participation in all case-related matters, as the case moves to the Supreme Court. Today, the United States Department of Justice filed a petition asking the Supreme Court to hear the case on President Obama’s executive actions on immigration. As the appeals process moves to the U.S. Supreme Court, MALDEF will advocate on behalf of the three mothers in Texas v. United States, adding a human dimension to this pivotal case.
MALDEF CLIENTS GRANTED INTERVENTION AS APPEAL ON EXECUTIVE ACTION ON IMMIGRATION MOVES TO U.S. SUPREME COURT
NEW ORLEANS, La. – Late last night, the U.S. Court of Appeals for the Fifth Circuit granted MALDEF’s clients the right to intervene in Texas v. United States, a federal lawsuit challenging the constitutionality of the expansion of the existing Deferred Action for Childhood Arrivals (DACA) program, and the creation of Deferred Action for Parents of Americans (DAPA). As the appeals process moves to the U.S. Supreme Court, MALDEF’s clients, three mothers from south Texas who intend to apply for DAPA, will participate as parties in the case, with all of the rights of parties, including briefing, argument, and participation in all matters. The Court ruled against the Obama Administration on a 2-1 vote, upholding a lower court’s preliminary injunction against implementing expanded DACA and DAPA. The United States has indicated that it will seek review by the Supreme Court.
MALDEF AND LATINOJUSTICE PRLDEF FILE U.S. SUPREME COURT BRIEF ON BEHALF OF LATINO ORGANIZATIONS ADDRESSING THE IMPORTANCE OF CAMPUS DIVERSITY IN FISHER V. UNIVERSITY OF TEXAS
WASHINGTON, D.C. – MALDEF (Mexican American Legal Defense and Educational Fund) and LatinoJustice PRLDEF filed an amicus brief in the U.S. Supreme Court last Monday in Fisher v. University of Texas on behalf of 25 Texas and national Latina/o organizations, including UT students in support of the race-conscious college admissions plan.