FOR IMMEDIATE RELEASE
June 18, 2014
CONTACT
Adela de la Torre, NILC: 213-400-7822; [email protected]
Isabel Alegria, ACLU: 415 343-0785; [email protected] or[email protected]
Karen McCreary, ACLU of Utah: (801) 871-0330;[email protected]
Civil Rights Coalition Victorious in Lawsuit against Utah Anti-Immigrant Law
Federal District Court Blocks Several Provisions of HB 497, Strictly Limits Enforcement of “Show Me Your Papers” Provision
SALT LAKE CITY — A federal district court today issued a decisionblocking several components of Utah’s HB 497, an Arizona-style anti-immigrant law passed in 2011 that threatened the basic civil rights of all Utahns.
In its order, the court blocked key provisions of the law that would have allowed police to arrest certain potentially deportable immigrants and that would have criminalized everyday activities, such as driving an undocumented immigrant to the store. The order also severely limited implementation of several provisions of the law. The court clarified that the provision authorizing police to demand “papers” of those they think may be in the country without authorization does not authorize police to stop or detain an individual simply to verify his or her immigration status. The court also made clear that the law does not require Utahns to carry identification with them at all times.
“Today’s order establishes a bright line for Utah law enforcement, explaining to local police that if they prolong a traffic stop for even one minute to determine an individual’s immigration status, they risk running afoul of the U.S. Constitution,” said Karen Tumlin, the managing attorney at the National Immigration Law Center who argued the case before the court in 2012 and again in 2013. “The decision makes efforts to ward off overzealous attempts to determine whether someone is American based on the way they look or whether they have an accent.
Archie Archuleta of the Utah Coalition of La Raza, a plaintiff in the lawsuit, said, “Today’s order reinforces a simple truth: No one should fear being charged with a misdemeanor or felony simply for driving her parent to the grocery store or a friend to church. Although the fight for equality is not over, we are pleased to see that the court has prevented much of this law from harming countless Utahns.”
Karen McCreary, executive director of the ACLU of Utah, said, “Since our lawsuit halted HB 497 from going into effect three years ago, there has been growing acknowledgement among Utahns that state laws such as HB 497 and Arizona’s law primarily cause division and strife within our community and that as a state we are better off working for longer term comprehensive solutions that protect our families and enhance our economy. Even the primary sponsor of HB 497 now has publicly acknowledged HB497 is not good public policy for our state. The Utah legislature should respond by repealing what remains of this law following Judge Waddoup’s ruling.”
“The court’s message is loud and clear: state and local police may not stop, detain, or arrest someone solely for immigration purposes,” said Jennifer Chang Newell of the ACLU Immigrants’ Rights Project, who argued the case in 2013.
In the 2011 filing, civil rights groups charged that HB 497 is unconstitutional because it unlawfully interferes with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution and authorizes and requires unreasonable seizures and arrests in violation of the Fourth Amendment, among other unconstitutional challenges.
Counsel for the plaintiffs in the case were:
National Immigration Law Center: Linton Joaquin, Karen C. Tumlin, Shiu-Ming Cheer, Melissa S. Keaney;
ACLU Immigrants’ Rights Project: Cecillia Wang, Omar C. Jadwat, Andre Segura, Katherine Desormeau, Jennifer Chang Newell;
ACLU of Utah: Leah Farrell;
Munger, Tollles & Olson LLP: Bradley S. Phillips.
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FirstGEN Fellows is a 10-week summer program for undergraduate students interested in social justice careers who are the first in their immediate families to attend an institution of higher education. Fellows gain hands-on experience working on civil rights matters as full-time policy and advocacy interns in Washington, D.C., while also participating in a parallel training program. FirstGEN Fellows creates a greater community of advocates by linking emerging leaders with existing ones and creating a FirstGEN Fellows alumni network. Each fellow receives a $1,000 stipend.
Karla Davis attends MidAmerica Nazarene University in the Kansas City metro area. While studying corporate communications, marketing, and graphic design, she discovered a passion for social justice issues. As a nontraditional and minority student, Davis recognizes the need to advocate for marginalized groups and hopes to dedicate both her personal and professional life to such causes. Davis is actively involved in her community and has served in a variety of capacities — as a youth member of the National League of Cities, an intern at the Olathe Latino Coalition, as well as the president of her university’s Student Diversity Council, whose purpose is to empower students to stand up against the injustices of today. Davis will be placed with the Catholic Legal Immigration Network, Inc., thanks to the generous donation in memory of Claire Robinson.
Nirvana Felix attends the University of California, Berkeley, as a social welfare major with intended minors in public policy and education. She is currently part of an organization on campus called Inside the Living Room, which assists immigrants and refugees in completing political/LGBTQ/domestic violence asylum. Felix is passionate about empowering and educating people of color, especially Pilipin@s, in their endeavors to maneuver their way towards higher education and beyond. She currently interns for the bridges Multicultural Resource Center and has assisted in the planning and implementation of the Graduate School Tour, a weeklong trip during which undergraduate students are given the opportunity to tour various East Coast graduate schools. Felix hopes to one day work for a nonprofit organization focused on education reform. She was born and raised in San Jose, California, and will be placed with the Lawyers’ Committee.
Genesis Garfio is a DREAMer who attends Columbia University. She is studying political science and economics in the prelaw track. Garfio is a member of Chicano Caucus, an organization dedicated to provide members of the Columbia University student body who self-identify as Chican@, Mexican, or Mexican-American, with an environment that will help them to fulfill their educational goals and to promote cultural consciousness. She is also a member of the Columbia Democrats. Garfio is heavily involved with the LGBTQ community on campus and serves as an SAT/college prep tutor for students in Harlem. She considers Houston, Texas her home, but is originally from Chihuahua, Mexico. She will be placed with the Washington, D.C., office of the National Immigration Law Center.
Juan Rangel studies at the University of Notre Dame and is majoring in political science and Latino studies. He has been involved with student government throughout all three years at Notre Dame, and this year he served as the student body chief of staff, which included chairing the Immigration Task Force. Rangel also founded and serves as the president of the Student Coalition for Immigration Advocacy, which works to educate students about immigration issues and advocate at the local, state, and national levels. He interned last summer with the Office for Immigrant Affairs and Immigration Education at the Archdiocese of Chicago. He is originally from Mexico but calls Central California home. Rangel will be placed with the Washington, D.C., office of the National Immigration Law Center.