FOR IMMEDIATE RELEASE
June 27, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

Court Orders Release of Some Evidence of Arizona Border Patrol Detention Facilities While Border Patrol Fights Full Release

Order follows attempts by U.S. Customs and Border Protection to keep all evidence of unconstitutional detention conditions from the public

LOS ANGELES — Today, a federal district court unsealed some of the photographs central to ongoing litigation challenging deplorable and unconstitutional conditions in Border Patrol detention facilities in the agency’s Tucson Sector. The court also allowed the Arizona Republic newspaper to intervene in the case to argue for the release of the documents.

The initial evidence released today is only a portion of the evidence submitted in support of a motion for preliminary injunction filed in December, with the government fighting the release of additional evidence remaining under seal. The injunction is based on compelling evidence of inhumane conditions in Tucson facilities—much of which was disclosed after the Court sanctioned Border Patrol for destroying video recordings from these facilities and failing to turn over other relevant documentation.

“Border Patrol’s treatment of men, women and children in its custody is simply inexcusable and their lack of transparency shows their desire to avoid any public oversight or accountability,” said Mary Kenney, senior staff attorney for the American Immigration Council.

“Every step the Government has taken in response to this lawsuit has been designed to delay this suit and hide the conditions present at these facilities,” said Louise Stoupe of Morrison & Foerster. “The Government should be using the resources they are wasting in court to provide basic human necessities to those in its custody.”

“Migrants detained in the Tucson sector have long suffered horrific conditions,” said Dan Pochoda, senior counsel for the ACLU of Arizona. “The Border Patrol continues to resist public transparency to enable continuation of detention operations that knowingly violate U.S. and international law as well as its own standards.”

“The images unsealed by the court are just the tip of the iceberg,” said Nora Preciado, staff attorney with the National Immigration Law Center. “These abuses have been kept hidden for too long. As these initial images begin to reveal, we can no longer wait for meaningful and lasting reforms; the time is now.”

Jane Doe, et al. v. Johnson, et al. was filed in the U.S. District Court for the District of Arizona. Attorneys on the case include Harold J. McElhinny, Colette Reiner Mayer, Louise C. Stoupe, Kevin M. Coles, Pieter S. de Ganon, and Elizabeth Balassone of Morrison & Foerster LLP; Nora Preciado, Linton Joaquin, and Karen C. Tumlin of the National Immigration Law Center; Mary Kenney, and Melissa Crow of the American Immigration Council; Travis Silva of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area; and James Lyall and Dan Pochoda of ACLU of Arizona.

Additional links to the complaint, FAQ, fact sheet on FOIA data, and more are available at www.legalactioncenter.org/litigation/unconstitutional-conditions-cbp-detention-facilities-challenged-class-action-lawsuit.

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FOR IMMEDIATE RELEASE
June 23, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

Following Supreme Court Split, Immigrant Communities Vow to Keep Fighting for Families

WASHINGTON — Having reached an impasse, the U.S. Supreme Court has voted 4-4 in one of the most consequential immigration cases in recent history, United States v. Texas. The High Court’s failure to fall one way or another in the case leaves in place a lower court decision that blocks the Obama administration’s deferred action immigration initiatives known as DAPA and the expansion of DACA from being implemented.

Marielena Hincapie, executive director of National Immigration Law Center, issued the following statement:

“The stakes in United States v. Texas could not have been higher: Millions have watched, and waited, for the Supreme Court to affirm the president’s authority to inject some common sense into our immigration system. Today, the eight justices failed to act, and countless families will suffer as a consequence. U.S. citizen children like Sophie Cruz will continue to live in daily fear that their mom or dad won’t be there one day to kiss them goodnight. And immigrant entrepreneurs like Cris Mercado won’t be able to reach their full potential.

“Immigrants and allies fought for and won these significant policy victories, which would have brought much-needed emotional and economic stability to millions of our community members, and we will not sit back. We urge the Department of Justice to seek a rehearing for when a ninth justice is confirmed for the Supreme Court. We will continue to fight back against anti-immigrant politicians, their allies, and their attacks on our families and communities. And we will explore all options to prevent more families from being torn apart.

“This politically driven lawsuit should never have made it this far: Two of the four Fifth Circuit judges who have considered the case noted rightly that Texas and other states simply did not have standing to bring it. Other state-driven anti-immigrant lawsuits were thrown out on the same grounds.

“With this case, the Court had an opportunity to provide clarity and guidance on executive power and to free up programs that would have tremendous social and economic benefits. Instead, they followed a troubling trend this term of failing to do the job the American people and the Constitution entrusted to them, due in part to the politicized vacancy on the Court.

“The stakes are now even greater for the November elections as the next president will have the opportunity to appoint several Supreme Court justices in their first term, shaping our country’s future for decades to come.  Immigrant communities are committed to continuing our fight for our families.”

The Obama administration announced DAPA and the expansion of DACA in November 2014. The two initiatives would allow certain immigrant parents of U.S. citizens and lawful permanent residents, as well as other immigrants who came to the U.S. as children, to apply for temporary work authorization and protection from deportation.

Texas and 25 other states sued the federal government to block the administration’s initiatives in December 2014. In February 2015, a federal district court judge in Texas ruled in Texas’s favor and blocked both DAPA and the expansion of DACA. In a decision issued in November 2015, a divided panel of the Fifth Circuit Court of Appeals upheld the district court’s order. Today’s decision by a deadlocked High Court means the Fifth Circuit’s nationwide injunction of the programs remains in place by default and that the case will be sent back to the lower courts for consideration—a prospect that worries many immigrants, given a recent extreme order by the federal district court in this case.

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FOR IMMEDIATE RELEASE
June 16, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

Judge Throws Out Attempt by Texas to Block Syrian Refugee Resettlement

DALLAS — A federal district court in Dallas today dismissed a Texas lawsuit, Texas Health and Human Services Commission v. United States, that sought to block the resettlement of Syrian refugees in the state. U.S. District Judge David Godbey threw out Texas’s claims that the federal government and International Rescue Committee were not providing state agencies with enough information on who was being resettled. This latest court order underscores that Texas has no legal basis to attempt to block the resettlement there of refugees from any country.

The National Immigration Law Center has been proud to serve as counsel for the International Rescue Committee in the case, along with the ACLU Immigrants’ Rights Project, the ACLU of Texas, the Southern Poverty Law Center, and the law firm of Susman Godfrey, LLP.

NILC staff attorney and counsel in the case, Nicholas Espiritu, issued the following statement:

“The federal district court was right to throw out this baseless case, which was nothing more than thinly veiled xenophobia and an intimidation tactic intended to improperly block the resettlement of refugees. Texas’s misguided lawsuit was not only wrong on the law, but stood in direct opposition to longstanding American values of welcoming and providing safe harbor to those fleeing persecution.

“Today’s decision clears the way for resettlement agencies and the many welcoming Texas communities who are doing the work to provide a home for people who are escaping horrible conditions.”

The court’s order is available at www.nilc.org/wp-content/uploads/2016/06/TexasHHSC-v-US-granting-motion-to-dismiss-2016-06-15.pdf.

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FOR IMMEDIATE RELEASE
June 15, 2016

CONTACT
Juan Gastelum, 213-375-3149, [email protected]

NILC: House Bill Proposes Health Equity for All

WASHINGTON — Congressional health care champions Reps. Robin Kelly (D-IL), Michelle Lujan Grisham (D-NM), Barbara Lee (D-CA), G.K. Butterfield (D-NC), Linda Sanchez (D-CA), and Judy Chu (D-CA) today introduced the Health Equity and Accountability Act of 2016 (HEAA), a comprehensive and strategic plan to eliminate racial and ethnic health disparities and improve the health of communities of color.

The sponsors are leaders of the Congressional Black Caucus, the Congressional Asian Pacific American Caucus, and the Congressional Hispanic Caucus.

The measure would build on the Affordable Care Act (ACA) by ensuring that everyone living in the U.S. has access to affordable health coverage. In addition to making improvements intended to help underserved communities, such as through increased language services, HEAA calls for the elimination of barriers that prevent many immigrants from accessing federal health care and nutrition assistance programs.

Marielena Hincapié, executive director of the National Immigration Law Center (NILC), issued the following statement upon the introduction of the legislation:

“The Affordable Care Act has extended health care access to millions of previously uninsured individuals, but for many the promise of quality, affordable health care remains unrealized.

“As advocates for low-income immigrant families, NILC applauds the HEAA sponsors for championing measures to increase underserved communities’ access to affordable health care, through ACA, Medicaid, and the Children’s Health Insurance Program (CHIP). An individual’s place of birth, community, or income level should not determine access to affordable health care.

“We stand ready to work with members of Congress to turn these goals into reality.”

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FOR IMMEDIATE RELEASE
June 12, 2016

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

National Immigration Law Center Responds to Orlando Nightclub Shooting

WASHINGTON — The nation suffered the worst mass shooting in its history early this morning when a gunman killed at least fifty people in Orlando’s Pulse nightclub, an LGBTQI-friendly venue that holds a Latin-themed night on Saturdays.

Below is a statement from Marielena Hincapié, executive director of the National Immigration Law Center:

“This morning, our nation awoke to the horrifying news that innocent people have once again lost their lives to a senseless act of gun violence. While facts are still unfolding, what’s clear is that the victims were members of communities that continue to be attacked because of how they look or whom they love. This must stop.

“We stand firmly with our LGBTQI, Latino, and Muslim communities and against these senseless acts of violence. We urge Americans of all walks of life to reject intolerance of any kind, along with any attempt to scapegoat any communities.  We hold all those affected by this tragedy in our hearts and hope for a day in which all of us—regardless of race, religion, ethnicity, gender identity, or sexual orientation—are able to live our lives freely and without fear.

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FOR IMMEDIATE RELEASE
June 10, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149

NILC Applauds Gov. Brown’s Signature on Trailblazing Law Seeking Federal Approval to Open its Health Insurance Marketplace to All Californians

Federal government must now move swiftly to approve California’s effort

LOS ANGELES — Gov. Jerry Brown today signed into law SB 10, a measure that will take California closer to the goal of making affordable health care available to all Californians. This measure seeks federal approval to allow all Californians, regardless of immigration status, to buy full-price health insurance without government subsidies through Covered California, the state’s health insurance marketplace under the Affordable Care Act (ACA).

The National Immigration Law Center applauds the governor and state legislature for leading the nation in providing the opportunity for more of its residents to get covered and stay healthy.

“People should be allowed to use their own money to purchase the coverage they need. California took a commonsense step forward by committing to remove this absurd barrier,” said Marielena Hincapié, NILC’s executive director. “The state should move quickly to submit the waiver application, which the federal government should approve without delay. This waiver is fully consistent with the promise of the Affordable Care Act. Our state, our economy, and our communities will benefit when more Californians can buy the health care they need.”

The new law builds upon California’s “Health for All” campaign waged by health care and immigrants’ advocates. Last month, the state began providing full-scope Medi-Cal coverage for all children under 19 years of age regardless of immigration status, if they meet other eligibility requirements.

“In order to have truly healthy communities, we all need to have access to affordable, quality health care. There is more work to be done, but California’s trailblazing efforts on this front should inspire other states to follow,” said Hincapié.

Under the law signed by Gov. Brown, the state will apply for a State Innovation Waiver under section 1332 of the Affordable Care Act to offer full-price health plans in Covered California to immigrants who are currently shut out of the state marketplace even if they are willing to pay full price.

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