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.
Court Cases Immigrants’ Rights
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.
CIVIL RIGHTS COALITION CONTINUES BATTLE AGAINST ARIZONA’S NATIVIST LAW, SB 1070
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.
FEDERAL JUDGE RULES THAT LAWSUIT UNDER CALIFORNIA TRUST ACT MUST BE HEARD IN STATE COURT
LOS ANGELES, CA – Late Monday, United States District Court Judge Michael W. Fitzgerald granted Plaintiffs’ motion to remand a lawsuit for violation of the California TRUST Act back to State Superior Court in Los Angeles. MALDEF, together with co-counsel from the National Day Laborer Organizing Network (NDLON) and the Immigrant Rights Clinic at the University of California at Irvine School of Law, filed the action in state court on October 8, 2014.
AFTER JUDGE DENIES INTERVENTION THEN TEMPORARILY HALTS ADMINISTRATIVE IMMIGRATION RELIEF, MALDEF REACTS WITH COMMITMENT TO APPEAL
BROWNSVILLE, TX – After a federal judge in Brownsville, Texas, late Monday night announced his order to temporarily halt administrative relief, MALDEF announced plans to appeal the judge’s earlier denial of intervention to three individuals intending to seek deferred action under President Obama’s announced program of reasoned prosecutorial discretion. The programs that are temporarily halted are known as DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and the expansion of DACA (Deferred Action for Childhood Arrivals).
MALDEF APPEALS EXCLUSION FROM LAWSUIT OF MOTHERS AFFECTED BY ADMINISTRATIVE ACTION ON IMMIGRATION (DAPA)
BROWNSVILLE, TX- Today, MALDEF appealed the decision of U.S. District Judge Andrew S. Hanen, denying intervention of three mothers who would potentially qualify for relief under the administrative action on immigration announced last year by President Barack Obama. On February 11, 2015, the court denied the mothers’ request to intervene in the case as parties, but agreed to consider their legal arguments. The appeal filed today will be heard in the United States Court of Appeals for the Fifth Circuit.
MALDEF AND CO-COUNSEL FILE LAWSUITS AGAINST NEW MEXICO TAXATION AND REVENUE DEPARTMENT
SANTA FE, NM – Today, MALDEF filed two lawsuits in state district court against the New Mexico Taxation and Revenue Department and Secretary Demesia Padilla (collectively, “TRD”) for unlawfully withholding millions of dollars from immigrant taxpayers using federal Individual Tax Identification Numbers (“ITINs”) to file their tax returns. The law firm of Freedman, Boyd, Hollander Goldberg Urias & Ward, P.A., and the United Workers Center of NM, are co-counsel in the case.
MALDEF SEEKS TO INTERVENE ON BEHALF OF INDIVIDUALS AFFECTED BY THE PRESIDENT’S EXECUTIVE ACTION ON IMMIGRATION
BROWNSVILLE, TX – Last week, MALDEF and pro bono counsel, O’Melveny & Myers and Frank Costilla, filed a motion to intervene on behalf of three individuals who would qualify for relief under the administrative action on immigration announced last year by President Barack Obama. Texas and other states and state officials have asked a federal court for an immediate injunction to stop administration officials from moving forward with the actions announced by the President. The motion was filed in the United States District Court for the Southern District of Texas, Brownsville Division.
FEDERAL COURT PERMANENTLY BLOCKS DISCRIMINATORY ARIZONA BAN ON DRIVERS LICENSES FOR IMMIGRANT YOUTH
PHOENIX, AZ – Late yesterday, a federal district court judge in Arizona permanently blocked a ban on drivers’ licenses for immigrant youth ordered by Governor Jan Brewer. The ruling is the latest in a series of victories for DREAMers in Arizona Dream Act Coalition v. Brewer, a lawsuit brought by civil rights groups challenging the state’s denial of licenses to immigrants who have been granted Deferred Action for Childhood Arrivals (DACA) under a federal program.
SUPREME COURT REFUSES TO ALLOW ARIZONA TO DENY DRIVER’S LICENSES TO IMMIGRANT YOUTH
WASHINGTON, D.C. – Immigrant youth will be allowed to receive driver’s licenses in Arizona while the Supreme Court considers whether or not to hear an appeal of a Ninth Circuit ruling in Arizona Dream Act Coalition v. Brewer, a lawsuit challenging the state’s denial of licenses to immigrants who have been granted Deferred Action for Childhood Arrivals (DACA) under a federal program.