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.
Court Cases Immigrants’ Rights
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.
FEDERAL APPEALS COURT REJECTS ARIZONA’S REQUEST TO REHEAR DRIVER’S LICENSE CASE
SAN FRANCISCO, CA – Today, the United States Court of Appeals for the Ninth Circuit rejected a request to reconsider its earlier ruling that Arizona Gov. Jan Brewer’s denial of driver’s licenses to certain young immigrants is unconstitutional. The move validates a decision issued in July, ordering the state to stop depriving those young immigrants who came to this country as children from obtaining a driver’s license. This group of young people—who have permission from the federal government to live and work in the U.S.—are seriously impaired by their inability to get drivers’ licenses, the court stated.
FEDERAL COURT: ANTI-DISCRIMINATION LAWS PROTECT DACA RECIPIENTS
NEW YORK CITY, NY – On the cusp of a critical presidential announcement of broadened affirmative relief for immigrants currently unprotected by law, an important decision emanated from federal court last week. Judge Katherine B. Forrest of the U.S. District Court for the Southern District of New York denied Northwestern Mutual Life Insurance Company’s motion to dismiss a lawsuit challenging the company’s policy of denying employment to Deferred Action for Childhood Arrivals (DACA) recipients. MALDEF and co-counsel Outten & Golden LLP represent the plaintiff, Ruben Juarez, who was unlawfully rejected for a position at Northwestern Mutual under a policy that denies employment to all persons who are not either U.S. citizens or legal permanent residents.
MALDEF STATEMENT ON PRESIDENT OBAMA’S IMMIGRATION ACCOUNTABILITY EXECUTIVE ACTIONS
MALDEF AND NDLON FILE LAWSUIT AGAINST CITY AND POLICE DEPARTMENT OF BALDWIN PARK FOR VIOLATION OF CALIFORNIA TRUST ACT
LOS ANGELES, CA – 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, today filed a lawsuit, Flores v. City of Baldwin Park, alleging that the Baldwin Park Police Department and the City of Baldwin Park unlawfully imprisoned Sergio Flores at the Baldwin Park Police station, detaining him solely on the basis of an “immigration hold,” in violation of the California TRUST Act.
MALDEF AND OTHER GROUPS FILE COMPLAINT DETAILING SEXUAL ABUSE, EXTORTION, AND HARASSMENT OF WOMEN AT ICE FAMILY DETENTION CENTER IN KARNES CITY
SAN ANTONIO, TX – Attorneys from MALDEF (Mexican American Legal Defense and Educational Fund), the Immigration Rights and Civil Rights Clinics at the University of Texas Law School, Human Rights First, and the Law Office of Javier N. Maldonado, filed a complaint earlier this week with the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) demanding the immediate investigation of and swift response to widespread allegations of sexual abuse and harassment at the detention center in Karnes City.
JUDGE UPHOLDS MALDEF WESTMINSTER POLICE VERDICT
WASHINGTON, D.C. – The U.S. District Court for the Central District of California rejected a request for a new trial in the Flores v. City of Westminster case earlier this week. The Court’s decision upholds the jury’s verdict finding that Westminster discriminated and retaliated against the Latino police officers who were denied promotions and special assignments. The Court also ruled that the jury’s decision awarding $3.34 million in damages to the three Latino officers will stand.
TEXAS APPLESEED AND MALDEF FILE FEDERAL COMPLAINT CHALLENGING LEAGUE CITY RESOLUTION THAT BANS CHILD REFUGEES
AUSTIN, TX – A complaint filed today with the U.S. Department of Housing and Urban Development challenges a resolution passed by League City, Texas, that denies housing to child refugees in their city. The complaint is the first action of its kind since jurisdictions in Texas began passing anti-refugee resolutions in response to the 57,000 children who have arrived at the U.S. border this year to escape violence in countries including El Salvador, Honduras and Guatemala.
MALDEF SUES MICHIGAN COMPANIES FOR IMMIGRATION FRAUD AND LABOR VIOLATIONS
DETROIT, MI – Today, MALDEF filed suit in federal court in the Eastern District of Michigan against Systems USA Inc. and Systems USA Consulting LLC for violating the Racketeering Influenced and Corrupt Organizations Act (RICO), the Trafficking Victims Protection Act (TVPA), the Fair Labor Standards Act (FLSA), and the Michigan “Minimum Wage Law.” The companies recruited and enticed Mexican computer programmers to apply for nonexistent jobs, and systematically defrauded the federal government to obtain visas for those individuals by representing that they would be employing the programmers once they traveled to the United States. A copy of the complaint can be viewed here.