Would You Ask This Man For His Papers?

From the American Civil Liberties Union (ACLU):

Would you ask this man for his papers? Why? Because of the color of his skin? Because of the language he's speaking? Because he's doing yard work?

The fact is, there is no way to tell who is documented and who is not. If SB 1070 is allowed to go into effect, American citizens WILL be subjected to racial profiling. People in this country legally will be stopped, interrogated and harassed simply because of what they look like or the language they are speaking.

That's not right and it's not constitutional. Help us protect the constitution. Help us stop SB 1070. What Happens in Arizona, Stops in Arizona.

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Organizations Challenge Arizona Racial Profiling Law in Court

This release comes from our allies at the National Immigration Law Center (NILC) NILC is dedicated to protecting and promoting the rights of low income immigrants and their family members.

FOR IMMEDIATE RELEASE
Thursday, April 29, 2010

National Immigration Law Center, MALDEF, ACLU, ACLU of Arizona Will Challenge Arizona Racial Profiling Law in Court

PHOENIX -- Today, the National Immigration Law Center, MALDEF, the American Civil Liberties Union, and the ACLU of Arizona held a news conference on the House of Representatives lawn of the Arizona State Capitol Building in Phoenix, Arizona, to announce their future legal challenge to Governor Jan Brewer's recently signed SB1070. In addition, the organizations sought to address misinformation and fears that have been spreading throughout the Latino community across Arizona. MALDEF, ACLU, ACLU of Arizona and NILC leaders were joined by civil rights leaders Dolores Huerta, Richard Chavez and multi-Grammy winning artist and human rights advocate, Linda Ronstadt.

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Judge Overturns Anti-Immigrant Measure in Columbia County

FOR IMMEDIATE RELEASE
April 13, 2009

Contacts:
Marcy Westerling, Director, Rural Organizing Project, (503)369-3565
David Fidanque, Executive Director, ACLU of Oregon, (541)954-7731
D. Michael Dale, Executive Director, Northwest Workers' Justice Project, (503)357-8290
Judge Overturns Anti-Immigrant Measure
Measure 5-190 Exceeded Columbia County Jurisdiction and Violates Federal Law
ST. HELENS, Ore. - A Columbia County judge today overturned an anti-immigrant ballot measure approved last fall because it conflicts with federal immigration law and would have required the county to take enforcement actions beyond its authority.

The ruling on Ballot Measure 5-190 came in two cases that were filed in Columbia County Circuit Court last fall. County Commissioners had requested a ruling on the measure's validity and a separate challenge was filed by a coalition of Columbia County business owners and voters who have been represented by attorneys for the ACLU of Oregon and the Northwest Workers' Justice Project.

Columbia County Commissioners approved amendments to the initiative in December which were also at issue in the court challenge. Judge Ted Grove had heard oral arguments in the consolidated cases in January and had approved a preliminary injunction at that time to prevent the measure from taking effect.

The coalition challenging the measure includes Rural Organizing Project, Columbia County Citizens for Human Dignity, 28 individual residents of Columbia County, CAUSA Immigrant Rights Coalition and others.

"Columbia County has a lot of challenges ahead and Measure 5-190 wasn't going to help," said Columbia County business owner Gary Liao, one of the plaintiffs in the challenge. "The measure and ordinance were deeply flawed and confusing. At a time when our economy is reeling, it would have imposed additional burdens on both the county and on employers who have been following the law."

Other members of the coalition said they hope the court decision will allow communities that have been deeply divided over the immigration issue to find common ground and work together.

"It's time to direct our frustrations about the immigration issue where it belongs: on the federal government's responsibility to carry out meaningful immigration reform," said Marcy Westerling, Director of the Rural Organizing Project in Scappoose. "Having a patchwork of local laws seeking to usurp federal authority on this issue would only create more frustration with federal policy."

In his opinion, Judge Grove addressed many portions of Measure 5-190 and held that all of them were either preempted by federal law or went beyond the authority of Columbia County under state laws. Among his findings were:

The measure's $10,000 mandatory fine "clearly violates" the preemption of immigration enforcement by federal law;

The measure's provision that violations would be reviewed according to state law but would be appealed to Justice Court, violated state law that requires that such appeals be heard by the Oregon Court of Appeals;

The measure's requirement that violations result in suspension of all licenses and permits were beyond the authority of both the Justice Court and the County Commissioners because many of the relevant licenses and permits are not issued by the county; and

The many enforcement provisions of the measure rose to the level of criminal or civil sanctions which are also preempted by federal law.

Finally, Judge Grove wrote that while he "recognizes the serious issue the initiative was seeking to address, existing Federal preemption and statutory provisions cannot be ignored."

Similar measures in Hazelton, Pa.; Farmers Branch, Texas; Escondido, Calif; and other jurisdictions had previously been struck down.

Attorneys handling the case for the coalition have been: D. Michael Dale, Steven Goldberg and Meg Heaton for Northwest Workers' Justice Project; ACLU Cooperating Attorneys Bruce L. Campbell and Elisa J. Dozono, both of Miller Nash LLP; Stephen W. Manning of the Immigrant Law Group; and Chin See Ming, Legal Director for the ACLU of Oregon.

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New Mexico State GOP Members Sued Over Intimidation of Latino Voters

The Mexican American Legal Defense and Education Fund (MALDEF) and the American Civil Liberties Union have filed two separate lawsuits against members of the New Mexico State Republican Party.

Talking Points Memo reported last week that Latino voters complained that Republican Lawyer Pat Rogers and Private Investigator Al Romero “went to the homes of their family members, and intimidating and confusing them about their right to vote in the general election.”

In another article, the Associated Press reports that the daughter of a woman being represented by MALDEF said her 67-year-old mother “cried and was frightened after Romero came to her home”. The investigator threatened to call immigration authorities even after the woman’s mother told him she was a U.S. citizen.

Ten people have been targeted by the New Mexico State Republican Party with claims that they voted fraudulently. In the ACLU lawsuit, one of the plaintiffs claims that after he had filled out a voter application, his private information was leaked to the media and he was depicted as a “fraudulent voter”. The State Attorney General is investigating how the New Mexico State Republican Party gained access to confidential voter information.

In addition to Republican Lawyer Pat Rogers and Private Investigator Al Romero being named as defendants in the lawsuit, the Associated Press reports that,

“The lawsuit seeks an injunction to stop the defendants from intimidating, threatening or harassing voters about their eligibility to vote or to interfere with that right.”

“The lawsuit also names Rep. Justine Fox-Young, R-Albuquerque, and unnamed members of the state Republican Party of illegally using Social Security numbers and birth dates to obtain information about voters.”

More on this story can be found here.

Individuals who have questions or concerns about their voting rights should call 1-866-OUR-VOTE (1-866-687-8683)

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