Court Cases Immigrants’ Rights

ARIZONA SUPERIOR COURT GRANTS MALDEF MOTION TO INTERVENE ON BEHALF OF DACA STUDENTS IN HIGHER EDUCATION CASE

PHOENIX, AZ – The state court considering an unusual case in which Arizona is suing one of its own community college districts for recognizing that Arizonans should be treated equally, has granted MALDEF’s motion to intervene to represent Deferred Action for Childhood Arrivals (DACA) students attending the Maricopa County College District (MCCD). On Friday, the Maricopa County Superior Court held a status conference regarding the dispute with the State of Arizona. Arizona seeks to prevent DACA students from presenting federal employment authorization documents (“EADs”) as proof of eligibility for in-state tuition at MCCD, though MCCD has accepted this federal form for many years.

MALDEF MOVES FORWARD IN SEEKING DAMAGES FOR MINOR IN MARYLAND UNLAWFUL ARREST AND DETENTION CASE

BALTIMORE, MD – Crisfield, Maryland Patrolman Lawrence Daisey this week answered a lawsuit filed against him for unlawfully arresting and detaining a 12-year-old who accidentally broke a laundromat window in Somerset County in December 2010. The suit, filed on February 17 by MALDEF (Mexican American Legal Defense and Educational Fund) in the United States District Court for the District of Maryland, is on behalf of the Villafuerte family and their minor daughter, cited as “M.V.” in the complaint. The Villafuerte family have been residents of Somerset County for more than 20 years.

SUPREME COURT RULING IN FARMERS BRANCH, TX CASE BAD SIGN FOR DEFENDERS OF FREMONT, NEBRASKA ANTI-IMMIGRANT HOUSING ORDINANCE

WASHINGTON, DC – MALDEF, counsel in challenges to nearly identical local anti-immigrant housing ordinances in Nebraska and Texas, welcomed today’s U.S. Supreme Court decision refusing to review a decision by the full Fifth Circuit Court of Appeals that the Farmers Branch, Texas tenant-licensing ordinance is an unconstitutional intrusion on the exclusive federal authority to regulate immigration. The Supreme Court’s action today supports MALDEF’s request that the Supreme Court review the related case against the City of Fremont, Nebraska. In the Fremont case, a divided panel of the Eighth Circuit Court of Appeals upheld a tenant-licensing scheme nearly identical to the one struck down in Farmers Branch.

MALDEF ASKS COURT TO BLOCK NEBRASKA FROM DENYING DRIVER’S LICENSES TO YOUTH PROTECTED UNDER FEDERAL DACA PROGRAM

LINCOLN, NE-Today, MALDEF’s Midwest Regional Office in Chicago filed a motion for preliminary injunction in a U.S. District Court in Nebraska. MALDEF asked the court to stop the Nebraska Department of Motor Vehicles (DMV) from enforcing the policy and practice of denying driver’s licenses to immigrant youth whom the federal government has authorized to remain in the United States under the Deferred Action for Childhood Arrivals (“DACA”) program. The injunction would remain in place during the pendency of a lawsuit MALDEF filed in Lincoln, Nebraska, on May 31 of this year, challenging the DMV’s policy and practice.

THE FULL FIFTH CIRCUIT COURT STRIKES DOWN DISCRIMINATORY, ANTI-IMMIGRANT ORDINANCE IN FARMERS BRANCH, TEXAS

NEW ORLEANS, LA -In a 9-5 ruling issued Monday, the full United States Court of Appeals for the Fifth Circuit struck down an anti-immigrant, discriminatory ordinance in Farmers Branch, Texas that would have prohibited landlords from renting to immigrants that the city deemed unlawfully present and authorized arrest and prosecution of landlords and tenants found in violation of the law. Under the ordinance, all prospective renters would have been required to provide information about their immigration status and obtain a rental license from the city building inspector, who would be responsible for determining immigration status.

FOURTH CIRCUIT UPHOLDS DECISION TO BLOCK KEY PORTIONS OF SOUTH CAROLINA ANTI-IMMIGRANT LAW

RICHMOND, VA – The U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s decision to block key components of SB 20, South Carolina’s Arizona-style anti-immigrant law. As a result, provisions of the law that would have criminalized daily interactions with immigrants present without status, as well as provisions pertaining to use of identification and registration immigration documents will remain blocked.

Arizona Proposition 200 (Gonzalez v. Brewer)

The U.S. Supreme Court is considering the constitutionality of a provision in Arizona’s Proposition 200, a 2004 anti-immigrant law, that requires that new voter registration applicants provide one of a limited set of documents to prove citizenship. Since its implementation, over 31,500 applicants have been rejected for failing to provide the additional paperwork required . In Arizona’s largest county, voter registration through community-based drives dropped 44%. Individuals whose registrations were rejected under Proposition 200 reflect the general demographics of Arizona and include people of all races, ages and political affiliations.