Court Cases Immigrants’ Rights

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.

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 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.

MALDEF ARGUES FOR INTERVENTION IN IMMIGRATION DISCRETION CASE IN FIFTH CIRCUIT

NEW ORLEANS, LA – This morning, MALDEF Vice President of Litigation Nina Perales will present oral argument before a panel of the U.S. Court of Appeals for the Fifth Circuit to argue for the intervention of three potential applicants for Deferred Action for Parents of Americans (DAPA) in Texas v. United States, a lawsuit challenging the constitutionality of DAPA and the expansion of Deferred Action for Childhood Arrivals (DACA), which was first implemented in 2012. MALDEF represents three mothers from South Texas who sought to join the case because they intend to apply for DAPA, a form of prosecutorial discretion that would protect parents of U.S. citizens and permanent residents from removal and permit them to work.

MALDEF VICTORIOUS AS STATE COURT DECLARES MARICOPA COUNTY DREAMERS ELIGIBLE FOR ARIZONA IN-STATE TUITION

PHOENIX, AZ – Late Tuesday, Judge Arthur T. Anderson of the Superior Court of Arizona ruled that students granted Deferred Action for Childhood Arrivals (DACA) are eligible for in-state tuition at the Maricopa County Community College District. As part of its campaign against immigrants and DACA recipients, the State of Arizona sued one of its own community college districts to prevent it from offering in-state tuition to DACA recipients.

MALDEF SUPPORTS CALIFORNIA BILL TO PROTECT RIGHTS OF MINORS SEEKING JUDICIAL REDRESS FOR SUFFERING HARM

SACRAMENTO, CA – MALDEF proudly sponsors AB 560, a bill introduced last week by California Assemblymember Jimmy Gomez (D-51), that would bar immigration status from consideration in civil court proceedings in which child victims seek damages for intentional or negligent acts that harm them. The bill closes an unintentional loophole in SB 1818 (Romero), enacted in 2002, which was designed to protect the rights of California workers by limiting the consideration of immigration status in cases by workers to enforce employment and other laws.