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Supreme Court Decision on SB 1070

FOR IMMEDIATE RELEASE
Monday, June 25, 2012

CONTACT
Adela de la Torre, NILC, (213) 674-2832; [email protected]

SUPREME COURT ISSUES RULING ON ARIZONA ANTI-IMMIGRANT LAW

Civil Rights Coalition’s Case Against SB 1070 and Other Racial Profiling Laws Will Continue

WASHINGTON — The Supreme Court today issued a decision regarding Arizona’s racial profiling law, SB 1070.  In Arizona v. United States, the Court determined that three of the four provisions currently blocked by the courts are preempted by federal law. The Court reinstated the law’s “show me your papers” provision for the time being, but left open the possibility that the provision could still be found unconstitutional on preemption or other grounds in the future.

The decision will not immediately go into effect in Arizona. A separate case filed by a civil rights coalition, Friendly House v. Whiting, will continue. That case includes additional legal claims that were not addressed by the Supreme Court, including arguments that the law will result in unreasonable search and seizure in violation of the Fourth Amendment, and that it discriminates on the basis of race, ethnicity, and national origin in violation of the Fourteenth Amendment.

“The Supreme Court rightly affirmed that these anti-immigrant laws violate the constitution and our fundamental values. However, upholding the racial profiling provision is a grave error that will undoubtedly lead to civil rights violations, and places the Supreme Court on the wrong side of justice,” said Marielena Hincapié, executive director of the National Immigration Law Center, co-lead counsel for the plaintiffs in Friendly House v. Whiting. “This decision should serve as a call to mobilize, organize, and advocate against divisive legislation like SB 1070 in Arizona and in any state.”

“Today’s decision should not have reinstated Arizona’s ‘show me your papers’ requirement, which invites illegal detentions and racial profiling,” said Omar Jadwat, a senior attorney with the ACLU Immigrants’ Rights Project and co-lead counsel on the case. “But the Supreme Court properly rejected Arizona’s claim to broad authority in the immigration area and made clear that the ‘show me your papers’ provision may still be enjoined on other grounds in the future. The tide has already turned against laws like Arizona’s, because states recognize that the laws are incompatible with basic American values, are bad for the economy, and undermine and distract our police officers, and this decision will add to that momentum.”

“Today’s decision shreds the foundation of SB 1070 and its copycats around the county by affirming the federal authority in immigration regulation,” stated Victor Viramontes, MALDEF National Senior Counsel. He added, “The majority identified serious ambiguities and potential constitutional flaws in the ‘show me your papers’ provision, which will result in further legal proceedings, but erred in not concluding that the law should be blocked immediately.  As a result, we must prevent any racial profiling and unconstitutional arrests from Arizona’s misguided law.”

“It will be impossible to enforce this law without engaging in racial profiling,” said ACLU of Arizona Executive Director Alessandra Soler. “Every police department in the state will now be forced to divert limited resources to stopping and questioning people about whether their papers are in order. This will not only threaten all Arizonans’ public safety, but it will inevitably leave communities highly exposed to lawsuits brought on by victims of these discriminatory practices.”

“We are pleased that the U.S. Supreme Court reaffirmed the longstanding view that the federal government has the ultimate authority on immigration,” said Jessica Chia, staff attorney at the Asian American Justice Center (AAJC) and counsel in the Friendly House litigation. “However, the Court’s decision to uphold racial profiling is deeply troubling, and we have grave concerns about how this provision will be implemented, what constitutes ‘reasonable suspicion’ and how officers will be able to enforce this provision without discriminating individuals based on appearance or speech.”

“Our client Jim Shee’s experiences show that Arizona’s law can harm citizens and noncitizens alike, and allows local law enforcement to unfairly target individuals from communities of color. It is now more important than ever that we stand in solidarity to fully dismantle this fundamentally discriminatory legislation,” said Laboni Hoq, litigation director at the Asian Pacific American Legal Center (APALC).

In 2011, five states — Alabama, Georgia, Indiana, South Carolina and Utah — enacted similar state immigration enforcement laws. Federal courts have blocked most of the key provisions of these laws, and those injunctions will not immediately be affected by today’s decision. No state passed a copycat law in 2012, and a growing number of states have realized these laws lead to civil rights abuses for immigrants and citizens, harm businesses, and conflict with fundamental American values of fairness and equality.

“Today’s unfortunate Supreme Court decision on the Department of Justice’s narrow challenge does not alter our view that SB 1070 violates cherished civil rights and should be struck down in its entirety. It is worth noting the sections targeting day laborers, not challenged by the Dept. of Justice, remain blocked by federal court order because they violate bedrock First Amendment rights,” said Chris Newman, general counsel for the National Day Laborer Organizing Network. “Arizona’s war of attrition against the immigrant community is a war of attrition against basic Constitutional values, and we remain confident the Constitution will ultimately prevail in court and in the court of public opinion.”

The civil rights coalition includes the ACLU, NILC, MALDEF, NDLON, and the ACLU of Arizona, as well as APALC and AAJC, both members of the Asian American Center for Advancing Justice.

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Exec. Director’s Statement on Supreme Court Decision

FOR IMMEDIATE RELEASE
June 25, 2012

CONTACT
Adela de la Torre, 213-674-2832 or [email protected]

Statement of Marielena Hincapié, Executive Director of the National Immigration Law Center, on the Decision in Arizona v. United States, June 25, 2012

The Supreme Court’s decision today in Arizona v. United States affirms the longstanding exclusive authority of the federal government to regulate our nation’s immigration laws rather than having a patchwork system of state laws.

Today’s decision sends a clear signal to states and localities that they must work with Congress to enact broad and humane immigration reform, rather than act alone, in order to address the broken immigration system. Misguided attempts like Arizona’s SB 1070 are not only legally wrong but also have caused states economic suffering due to the loss of economic activity, tax revenue and other contributions of immigrants.

Yet we are very concerned that the Court allowed section 2(B) of SB 1070 to be implemented, as it will cause racial profiling of residents of Arizona and flies in the face of our history of protecting the civil rights of every day individuals against abuse of power. We are prepared to move forward with our challenge to this provision in our lawsuit against Arizona, Friendly House v. Whiting, and to defend the civil rights of individuals in the other five states with SB 1070 inspired laws.

We urge Congress and the administration to assert its federal authority and develop a bipartisan solution to immigration reform. All of us must acknowledge that “the history of the United States is in part made of the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here,” as Justice Kennedy stated today. We are stronger as a nation of states united, not divided, and moving forward together.


Declaración de Marielena Hincapié, Directora Ejecutiva del National Immigration Law Center, sobre la decisión en Arizona v. United States, 25 de junio de 2012

La decisión de la Corte Suprema en el caso de Arizona v. United States afirma que solo el gobierno federal puede crear y aplicar las leyes de inmigración del país y que no pueden existir 50 diferentes leyes de inmigración en cada estado.

La decisión de hoy manda un mensaje claro que los estados deben trabajar con el congreso para aprobar una reforma migratoria integral y humana, y no actuar por su propia cuenta. Leyes como la de Arizona han causado un impacto negativo en la economía del estado a causa de la pérdida en actividades económicas, bajos ingresos de impuestos, y la pérdida de otras contribuciones de los inmigrantes. Además, son legalmente incorrectas.

Nos preocupa que la Corte haya autorizado la implementación de la sección 2(B) de la ley SB 1070 porque causará que los residentes de Arizona sean víctimas de discriminación racial. Esto va en contra de nuestra historia que protege los derechos civiles de cada persona en contra el abuso del poder. Estamos preparados para seguir adelante con nuestra demanda legal en contra de Arizona, Friendly House v. Whiting, y continuaremos defendiendo los derechos civiles de las personas en los otros cinco estados que crearon leyes inspiradas por la ley de Arizona.

Pedimos que el congreso y la administración usen su autoridad para desarrollar una reforma migratoria apoyada por los dos partidos políticos. Debemos reconocer que “la historia de los Estados Unidos está hecha por parte de las historias, los talentos y las contribuciones de los que cruzaron océanos y desiertos para llegar a este país,” como dijo el juez Kennedy hoy. Somos una nación mas fuerte unidos que divididos. Debemos seguir adelante juntos.

 

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Deferred Action for DREAMers

FOR IMMEDIATE RELEASE
June 15, 2012

Obama Delivers for DREAMers and for Our Country

New Policy Will Allow DREAMers to Contribute Fully to Their Communities

WASHINGTON — The Obama administration today announced that it would grant relief to undocumented youth who came to the United States under the age of 16, have grown up here, are currently in school, have graduated from high school or obtained a GED, or are honorably discharged veterans of the Coast Guard or the Armed Forces of the United States, and have not been convicted of a felony offense, multiple misdemeanors, or a significant misdemeanor offense. This announcement directs Department of Homeland Security (DHS) officers to grant deferred action to DREAM Act-eligible youth currently in deportation proceedings. Those not in deportation proceedings will be allowed to apply for deferred action status, which will be valid for two years and may be renewable. Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“Today is a momentous day. President Obama took the bold and courageous step to remove the fear of deportation and provide DREAMers with the legal means to contribute their full potential to society. The Obama administration has rightly recognized that our draconian immigration laws have pushed young Americans who lack the paperwork to prove their patriotism to the sidelines of society. Beginning today, these young people finally will be able to use their education and drive to help their friends, family, and community prosper. The administration has shown that it believes in the power of the right to dream, and has given many young people the legal tools they need to begin to turn their professional and societal dreams into reality.

“This is a hard-won victory that comes after years of immigrant youth–led sacrifices, actions, creative organizing, and steadfast advocacy. DREAMers have worked hard to help the administration and the American public understand the situation these young Americans-at-heart face. For those who will be granted relief under the administration’s new policy, America is their one and only home. This policy change will make a significant difference in DREAMers’ lives and America will also reap the benefits of their many contributions.

“We will work with the administration to ensure that this new policy is implemented swiftly, vigorously, and uniformly across the country. This announcement provides real and much-needed relief now, but it is not enough. President Obama cannot provide these youth with the path to citizenship, which would allow DREAMers to participate in all sectors of civil society. We therefore renew our calls to Congress to pass the DREAM Act, which has enjoyed bipartisan support since its introduction in 2001. We will continue to advocate and organize alongside DREAMers and leaders of all ages until Congress does its part in delivering a permanent solution for DREAMers and their families. Until then, we thank President Obama for relieving some of the pain in our communities and offering hope for our country.”

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Since the first introduction of the DREAM Act in 2001, the National Immigration Law Center has played a leading role in the DREAM movement. In 2008, NILC became the anchor organization for the United We Dream Network, which is the largest immigrant youth–led organization working to obtain a path to citizenship and access to higher education for undocumented immigrant youth in the nation.

 

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Revisiting Alabama’s Shameful Past

FOR IMMEDIATE RELEASE
May 18, 2012

CONTACT
Adela de la Torre: 213-674-2832; [email protected]

REVISITING ALABAMA’S SHAMEFUL PAST

Governor Signs HB 658, Making State’s Racial Profiling Law Even More Draconian

MONTGOMERY, AL — Governor Bentley today signed HB 658, also known as the HB 56 “tweak” bill, into law. The bill, which was rushed through the legislature on the last day of the legislative session, fails to fix the most devastating elements of HB 56, the state’s racial profiling law. The bill does nothing to repeal elements of the law that have been blocked by the courts. HB 658 also introduces new discriminatory provisions, including:

  • One that mandates that courts submit names of undocumented individuals who appear in court. This includes domestic violence survivors, who must go to court to seek restraining orders. These names will be published in a prominent location on the state’s website.
  • One that expands the state’s “stop and arrest” provision by requiring police officers to verify immigration status for passengers as well as drivers if they “reasonably suspect” the person lacks authorization to live in the United States.

“Rather than repealing HB 56, a law that has caused a humanitarian and economic disaster in Alabama, Governor Bentley, Senator Beason, Representative Hammond, and others have revived Alabama’s shameful past. HB 658 sets a dangerous precedent that should concern everyone who cares about fairness and equality,” said Marielena Hincapié, executive director of the National Immigration Law Center. “Alabama is already a state where skin color and accent turn you into a suspect, and people feel free to discriminate against their neighbors and former friends. Now, the state has gone a step further, making immigrants and their family members vulnerable to persecution and unrivaled levels of legally sanctioned discrimination.

“Alabama’s schools, workers, and families are in desperate need of a legislature that advocates for improved education, labor laws, and communities. Instead, the legislature chose to damage its economy, public safety, and reputation by passing a law that amplifies the negative effects of HB 56. We will continue our legal fight against HB 56 and this new law to ensure that they do not continue to devastate Alabamians of all colors.”

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Health Equity and Accountability Act of 2012

FOR IMMEDIATE RELEASE
April 30, 2012

CONTACT
Adela de la Torre
213-400-7822 | [email protected]

SENATE TAKES ANOTHER STEP TOWARD HEALTH EQUITY FOR ALL

Health Equity and Accountability Act of 2012 Would Improve Access to Health Care for Immigrants and Communities of Color

WASHINGTON — Senators Daniel Akaka (D-HI) and Daniel Inouye (D-HI) took another step toward decreasing ethnic disparities in health care by introducing the Health Equity and Accountability Act of 2012, legislation that would improve the health and well-being of immigrants and communities of color. If passed, the legislation would expand health coverage to more families, promote jobs in the growing health care sector, and increase investments in innovative health delivery methods and technologies to improve health outcomes and reduce health care costs. The legislation compliments a bill introduced in the House of Representatives in 2011. Below is a statement from Jenny Rejeske, policy analyst for the National Immigration Law Center:

“Lost in the current debate about the Affordable Care Act is the fact that millions of our fellow Americans are without access to quality affordable health care and the opportunity to live without fear and worry. Rather than attempting to dismantle helpful policies, policymakers should instead be working to make health care reform stronger through legislation such as the Health Equity and Accountability Act of 2012 that will help improve the lives of more Americans. We look forward to working with the U.S. Senate to pass this critically important legislation that directly addresses, rather than ignores, the needs of Americans.”

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S-Comm: Cosmetic Changes Proposed

FOR IMMEDIATE RELEASE
April 27, 2012

COSMETIC TWEAKS WON’T FIX FUNDAMENTAL FLAWS

ICE’s Proposed Changes to Secure Communities Can’t Fix a Broken Immigration System

WASHINGTON — The U.S. Department of Homeland Security (DHS) today released its proposed changes to Secure Communities (S-Comm), the Obama administration’s signature detention and deportation system. DHS’s announcement comes in response torecommendations made in September 2011 by the remaining members of an appointed S-Comm task force composed of government officials, advocates, and immigration experts. The task force had recommended that DHS not pursue deportation of individuals who come to their attention as a result of a traffic infraction. DHS refused to take that position.

S-Comm, which requires state and local jails to run immigration background checks on any person booked into custody, regardless of the seriousness or ultimate disposition of their charges, has resulted in a marked increase in deportations of U.S. citizens’ parents, as well as deportations of many other immigrants who are longstanding members of their communities here in the U.S. The program also undermines community safety by deterring immigrants from reporting crimes.

Below is a statement from Don Lyster, director of the National Immigration Law Center’s Washington, DC, office:

“Cosmetic tweaks to S-Comm can’t mend a fundamentally flawed program. S-Comm exploits the worst of our broken immigration system by automating the destruction of families and placing people on an often irrevocable pathway out of the country they call home.

“The Obama administration often touts its deportation numbers. These numbers can’t begin to describe the destruction each deportation leaves in its wake. Families, communities, and local economies have been devastated, all to score cheap political points by looking ‘tough’ on immigration. It’s time to abandon automated programs such as S-Comm and restore some semblance of common sense and humanity to our immigration system. Only then will we live up to our most cherished American family values.”

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Supreme Court Hearing on SB 1070

FOR IMMEDIATE RELEASE
April 25, 2012

CONTACT:
Adela de la Torre, 213-400-7822 or [email protected]

CIVIL RIGHTS AT STAKE IN SUPREME COURT HEARING

Ultimate Court Ruling on Constitutionality of SB 1070 Will Impact Civil Rights for All

WASHINGTON — The United States Supreme Court today heard oral argument in Arizona v. United States, the Department of Justice’s challenge to SB 1070, Arizona’s racial profiling law. A decision in this case could affect legislation similar to Arizona’s across the country.

The National Immigration Law Center and others have filed class action lawsuits against racial profiling laws in Arizona, Utah, Indiana, Georgia, South Carolina, and Alabama. These cases, which bring other legal claims against the racial profiling laws, will proceed regardless of the outcome of this case. Marielena Hincapié, executive director of the National Immigration Law Center, attended today’s hearing and offered these remarks:

“The federal government’s arguments presented before the Supreme Court today focused on whether SB 1070 is preempted by the Supremacy Clause of the Constitution. However, there is much more than the Supremacy Clause at stake: the battle over SB 1070 is a fight for our core values as an increasingly diverse country. SB 1070 is a law that, if allowed to take effect, will turn back the clock on our most cherished civil rights by legally sanctioning discriminatory behavior against those who happen to look or sound ‘foreign.’ SB 1070’s requirement that officials demand ‘papers’ of those they suspect are in this country without authorization would result in people of color suffering street interrogations, detention, and degradation simply because of the way we look or sound.

“This law does not measure up to American principles. Civil rights leaders of the past and present have fought for decades to rid our country of shameful legal sanction of racially discriminatory behavior. The Roberts Court must continue to protect the principles of fairness and equality enshrined in our Constitution, and strike down SB 1070.”

More information about Arizona v. U.S. is available at www.nilc.org/sb1070usvaz.html.

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SB 1070 Decried on Anniversary of Passage

FOR IMMEDIATE RELEASE
April 23, 2011

CONTACT:
Adela de la Torre, 213-400-7822 or [email protected]

Civil Rights Leaders, Plaintiffs, and Litigators Decry Arizona’s Racial Profiling Law

WASHINGTON — Plaintiffs in the lawsuits against Arizona’s SB 1070 and Georgia’s HB 87 brought by the National Immigration Law Center (NILC) and others described havoc already wreaked upon their states by anti-immigrant legislation that has thus far been blocked in the courts. The plaintiffs participated in a press conference with civil rights leaders and litigators who observed the second anniversary of the passage of SB 1070 and discussed the upcoming Supreme Court hearing on the law’s constitutionality. The press conference was moderated by Lisa Navarrete of the National Council of La Raza (NCLR).

“The last two years have shown us that the politics of divisiveness, though perhaps politically expedient, only serve to tear apart communities, sow anger, and burden taxpayers,” said Marielena Hincapié, executive director of the National Immigration Law Center. “Today, two years after SB 1070’s passage, we have finally begun to see states reject this sort of negative legislation. We hope states will continue to dismiss laws such as SB 1070 as myopic at best and economically catastrophic at worst.”

When SB 1070, Arizona’s racial profiling law, passed, it was considered the most draconian anti-immigrant measure in the country. NILC and a coalition of civil rights organizations, as well as the federal government, sued to block the most pernicious elements of the law from going into effect.

Luz Santiago, a pastor in Mesa, Arizona, and a plaintiff in Friendly House v. Whiting, the civil rights coalition’s challenge to SB 1070, noted that, despite the fact that most of SB 1070’s provisions have been blocked, Latino Arizonans still have felt the law’s sting.

“Legislators in Arizona created a racial trickle-down effect after passing SB 1070, without realizing the impact it would have on the community,” said Santiago. “Arizona has been divided along ethnic lines. This isn’t the Arizona I knew for so many years. This shouldn’t be the Arizona we are today.”

In 2011, five states—Utah, Indiana, Georgia, Alabama, and South Carolina—passed their own versions of SB 1070. In each state except Alabama, NILC and partners successfully sued to block major elements of each law from going into effect. However, the court in the Alabama case allowed several of the Alabama law’s worst provisions, including its infamous “show me your papers” provision, to go into effect on September 28, 2012.

“Laws like SB 1070 are a lose-lose proposition for states. Instead of boosting our economy, they leave crops rotting in the fields. Instead of promoting civility and neighborliness, they incite division and mistrust,” said Paul Bridges, mayor of Uvalda, Georgia, and a plaintiff in the civil rights challenge to HB 87, the state’s racial profiling law. “Federal legislators must stop scapegoating our immigrant communities and start focusing on creating legislation that reflects our nation’s values of fairness and opportunity.”

“While the Supreme Court will focus on the issue of whether state laws are preempted by federal immigration laws, this case poses more fundamental questions for everyone,” said Laura W. Murphy, director of the ACLU’s Washington Legislative Office. “Will we tolerate a police state that requires everyone to carry identification documents at all times?  We must stop discriminatory laws that invite constant police intrusion, encourage racial profiling and compromise the American way of life.”

On Wednesday, the United States Supreme Court will hear oral argument on United States v. Arizona. Whatever the court decides could have implications for the civil rights coalition’s lawsuits in Arizona and other states.

“We are here today to let the Supreme Court, as well as the court of public opinion, know that we will not allow these laws to take us back to the times of black codes when there were two distinct classes of people, and that these groups are treated differently by the law,” said Hilary O. Shelton, the director of the NAACP Washington Bureau and the senior vice president for advocacy and policy.  “We will not return to a time when racial profiling is not only prevalent, it is in fact sanctioned and even called for by the law of the land.”

At issue before the Supreme Court are four provisions of SB 1070: the “show me your papers” provision, which mandates that law enforcement officers demand papers of anyone they “reasonably suspect” is undocumented; the criminalization-of-work provision; the provision creating a statewide noncitizen registration and criminalizing failure to carry one’s “papers”; and a provision authorizing law enforcement officers to arrest without a warrant those they suspect to be guilty of a deportable offense.

For more information about the upcoming Supreme Court Lawsuit, please visithttp://www.nilc.org/sb1070usvaz.html.

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Press Conference to Be Held April 23

FOR PLANNING PURPOSES
April 20, 2012

CONTACT
Adela de la Torre
213-400-7822; [email protected]

CIVIL RIGHTS LEADERS AND PLAINTIFFS LEADING LEGAL CHALLENGES TO ANTI-IMMIGRANT LAWS COMMEMORATE SECOND ANNIVERSARY OF ARIZONA’S NOTORIOUS SB 1070

Plaintiffs to Discuss Their Concerns As Supreme Court Takes On Arizona Law

WASHINGTON – Affected individuals, civil rights advocates, and leading litigators will gather outside the Capitol to observe the second anniversary of SB 1070, Arizona’s racial profiling law. On Wednesday, the Supreme Court will hear oral arguments on the Department of Justice’s challenge to SB 1070. Plaintiffs in cases that would be affected by a Supreme Court ruling will discuss their concerns about anti-immigrant laws in their states, and press federal legislators for a comprehensive solution to fix our broken immigration system.

WHAT

Press conference to commemorate second anniversary of SB 1070, discuss issues with anti-immigrant legislation.

WHEN

Monday, April 23, 2012, 1 p.m.

WHERE

Capitol Visitor’s Center, Room 200 (House side)
Washington, DC  20002

WHO

  • Paul Bridges, mayor, Uvalda, Georgia, and plaintiff in GLAHR et al  v. Bentley et al., a civil rights coalition challenge to HB 87
  • Marielena Hincapié, executive director, National Immigration Law Center
  • Lisa Navarette, advisor to the president, National Council of La Raza
  • Luz Santiago, church pastor in Mesa, Arizona, and plaintiff in Friendly House et. al. v. Whiting et. al., the civil rights coalition’s challenge to SB 1070
  • Andre Segura, staff attorney, ACLU, and lead litigator in challenges to anti-immigrant laws in Utah, Georgia, Alabama, and South Carolina
  • Hilary Shelton, senior vice president for policy and advocacy, NAACP

Karen Tumlin, managing attorney at the National Immigration Law Center and lead litigator inFriendly House et. al. v. Whiting et. al., will be available to answer questions about the lawsuit and the upcoming Supreme Court hearing.

RSVP

Media should RSVP to Adela de la Torre at [email protected] or 213-400-7822.

BACKGROUND

On April 23, 2010, Arizona set off a political firestorm by passing SB 1070, a racial profiling law that was, at the time, considered the nation’s most draconian. The law was quickly challenged by a coalition of civil rights groups, including the National Immigration Law Center, and the federal government. As a result, the most pernicious sections of the law were put on hold. Since then, Utah, Indiana, Georgia, Alabama, and South Carolina have followed suit.

On Wednesday, the Supreme Court will hear oral argument in the United States’ challenge to SB 1070. However the Court decides will impact pending cases in other states. The civil rights coalition challenge in Arizona and elsewhere, however, will continue to move forward.

For more information about SB 1070 and the upcoming Supreme Court Hearing, visithttp://www.nilc.org/USvAZimplications.html.

 

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Provisional Unlawful Presence Waivers of Inadmissibility

FOR IMMEDIATE RELEASE
Friday, March 30, 2012

CONTACT
Adela de la Torre (213) 674-2832

Proposed Immigration Rule: A Good Step Toward Family Unity

WASHINGTON  — On Monday, April 2, the Obama administration will publish its proposed rule(PDF) to amend the immigration system to allow certain “immediate relatives” (spouse, parents, and unmarried children under the age of 21) of U.S. citizens to remain in the United States while their immigration applications are processed. The administration will accept public comments on the proposed rules for sixty days, at which point the Department of Homeland Security will review comments and finalize the rule.

“The Obama administration should be commended for taking this commonsense step toward keeping families together,” said Don Lyster, the National Immigration Law Center’s Washington, DC, office director. “Currently, families must spend weeks or months separated from their spouses in order to begin the process of adjusting their immigration status. These separations are extremely difficult for millions of American families and often prevent members of immigrant families from even beginning the status adjustment process.”

“However, the Obama administration stopped short of extending the same commonsense rule to spouses of lawful permanent residents and siblings of U.S. citizens,” said Adey Fisseha, policy attorney at the National Immigration Law Center. “We urge the administration to reconsider its position, since these families are also unfairly separated when they begin the process of adjusting a loved one’s immigration status and the hardships they endure are just as painful as those citizen families undergo.”

Added Lyster, “We will continue to do everything we can to ensure that this rule change will keep as many American families together as possible. The Obama administration has shown that it truly supports family values by introducing this rule change. We hope it will extend these values to all families currently suffering due to our broken immigration system.”

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