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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FOR IMMEDIATE RELEASE
June 7, 2016

CONTACT
Juan Gastelum, NILC, [email protected], 213-375-3149
Inga Sarda-Sorensen, ACLU National, [email protected], 212-284-7347
Anna Núñez, ACLU of Texas, [email protected], 713-325-7010

Dreamers’ Private Information Safe for Now

Federal judge stays order demanding DACA recipients’ personal data

BROWNSVILLE, TX — U.S. District Judge Andrew Hanen has stayed his May 19 order requiring the federal government to turn over the personal data of tens of thousands of immigrant youth who received three-year work authorizations through the Obama administration’s 2012 Deferred Action for Childhood Arrivals (DACA) initiative. Hanen issued an order today that stays his May 19 order “pending the outcome of” a hearing he set for Aug. 22, after the U.S. Supreme Court is expected to issue a ruling in United States v. Texas, the lawsuit challenging the administration’s 2014 immigration executive actions.

“This decision rightly puts a stop, for now, to an indefensible order that could have exposed tens of thousands of blameless youth to privacy and safety threats,” said Karen Tumlin, legal director at the National Immigration Law Center (NILC). “Though we’ve always known that this order is out of bounds and should never take effect, we are glad that Judge Hanen has at least decided to wait for the Supreme Court to provide some guidance in this case before taking a step that would cause irreversible harm to thousands of immigrant youth.”

The decision comes after four individuals, represented by NILC, the American Civil Liberties Union (ACLU), and the ACLU of Texas, petitioned the Fifth Circuit for a writ of mandamus, a rarely used legal tool that allows someone who is not party to a case, but who is hurt by a court order, to seek immediate relief from a higher court.

“This order addresses the immediate threat to DACA recipients’ personal information. It is an important victory, but not a permanent fix. We will continue to fight for a ruling that fully safeguards immigrants’ privacy rights,” said Omar Jadwat, senior staff attorney with the ACLU’s Immigrants’ Rights Project.

Hanen is the judge on the federal district court in Brownsville, Texas, who first heard United States v. Texas, a lawsuit by Texas and 25 other states that seeks to block the Obama administration’s 2014 deferred action immigration initiatives, known as DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) and the expansion of DACA. He issued a nationwide injunction blocking both programs in February 2015.

Last month, Hanen asked the federal government for the names, addresses, and other identifiers of about 50,000 young immigrants who live in the 26 states that brought the lawsuit and received three-year work authorizations through a separate deferred action initiative, DACA, which the Obama administration announced in June 2012. That program’s legality is not being challenged by the states.

“I had the reasonable expectation that the information attached to my DACA application would remain confidential,” said Juan Escalante, a 27-year-old Florida resident who is one of the four people who petitioned the Fifth Circuit for a writ of mandamus. “Judge Hanen’s stay is certainly good news, but it only provides temporary relief for those of us who are worried about our private information getting into the wrong hands. The fact still remains that I should have control over my personal information, as I have a right to privacy.”

Angelica Villalobos, a 31-year-old mother from Oklahoma who is another of the mandamus petitioners, said, “I’m proud that my three friends and I have stood up to Judge Hanen’s bullying. This is a big deal—it means that the address and personal information of me and my kids won’t be handed over to anti-immigrant judge.

“For now, our privacy and security is protected, along with that of 50,000 other immigrant youth,” Villalobos added. “Now I want the Supreme Court to make a final decision on DAPA and expanded DACA so we can get to work helping more people get protected from deportation!”

Greisa Martínez, advocacy director for United We Dream, said, “Immigrant youth and our allies did what we do best: stand up to bullies and stand up for our community. For now, the privacy and security of the ‘fearless four’ and 50,000 immigrant youth continues to be protected.

“But this fight isn’t over, and we’re not backing down,” Martínez said. “The Supreme Court must decide to put an end to these political attacks on the dignity of our friends and community. Thank you to the fearless four, thank you to the amazing legal team. No matter what the anti-immigrant politicians might like to think, we are #heretostay.”

The United States also sought to block this portion of the court’s order by filing a separate writ of mandamus. And the Mexican American Legal Defense and Educational Fund also filed an amicus brief in support of blocking the transmission of Dreamers’ private information.

The 2012 DACA initiative allows some young undocumented immigrants who were brought to the U.S. as children to live and work in the country temporarily if they meet certain eligibility requirements. DAPA and the expansion of DACA, announced in 2014, built upon the success of that program by extending similar benefits to additional immigrant youth and certain undocumented parents of American children.

“Thanks to the courage of young immigrants to stand up for their rights, their constitutional privacy protections remain safe from unjustified government intrusion for now,” said Edgar Saldivar, senior staff attorney for the ACLU of Texas. “We will remain ever vigilant of threats to the civil rights and liberties of the most vulnerable and stand ready to defend them.”

Hanen’s order is available at: www.nilc.org/wp-content/uploads/2016/06/TX-v-US-order-re-8-22-16-hearing-and-stay.pdf

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FOR IMMEDIATE RELEASE
June 3, 2016

CONTACT
Juan Gastelum, [email protected], 213-375-3149
Inga Sarda-Sorensen, ACLU National, [email protected], 212-284-7347
Anna Núñez, ACLU of Texas, [email protected], 713-857-9160

Dreamers Affected by Federal Judge Order Seek to Defend Their Privacy

NEW ORLEANS — The National Immigration Law Center, the American Civil Liberties Union, and the ACLU of Texas today filed a petition for writ of mandamus before the Fifth Circuit Court of Appeals on behalf of four people impacted by a recent order issued by a federal district court in Brownsville, Texas, demanding the personal data of tens of thousands of Dreamers. The filing was instituted to protect the basic constitutional privacy rights of those who received three-year work authorization permits under the Obama administration’s Deferred Action for Childhood Arrivals initiative, announced in 2012.

A writ of mandamus allows impacted individuals to initiate a new action in the court of appeals to seek redress from a lower court order.

“Young immigrants fought for and won the opportunity to come forward and apply for the opportunity to contribute more fully to their communities,” said Marielena Hincapié, executive director at the National Immigration Law Center. “The district court’s order causes tens of thousands who applied for the program to live in fear that their private information—and information about their friends and families—will be used against them. They deserve a voice in the courtroom.”

On May 19, U.S. District Judge Andrew S. Hanen ordered the federal government to turn over the names, locations, and other identifiers of tens of thousands of DACA recipients who received three-year work authorizations between November 2014 and February 2015, and who live in one of 26 states involved in a lawsuit, United States v. Texas, currently pending a decision by the U.S. Supreme Court. The lawsuit sought to obstruct the implementation of two Obama administration initiatives—DAPA and the expansion of DACA—announced in 2014. The DACA program announced in 2012 was not subject to this lawsuit.

“With this filing, Dreamers are standing up for themselves and their families to try to shut down an outrageous threat to their constitutionally protected privacy rights. The order requiring the federal government to turn over Dreamers’ names and private information is legally unjustifiable, and should not survive this challenge,” said Omar Jadwat, senior staff attorney with the ACLU’s Immigrants’ Rights Project.

In February 2015, Judge Hanen issued an overreaching, nationwide injunction to block those two initiatives. However, the original DACA initiative, announced in 2012, is not part of the lawsuit.

“The rights embodied in our Constitution were designed to protect the most vulnerable members of our society, including young immigrants who only know this country as their own,” said Edgar Saldivar, senior staff attorney for the ACLU of Texas. “If their fundamental privacy protections can be nullified by the stroke of a judge’s pen in a case to which they are not parties, then everyone’s privacy rights are threatened.”

Angelica Villalobos, a 31-year-old mother of four who lives in Oklahoma, is among the four petitioners included in the petition for a writ of mandamus filed today. Villalobos applied for a renewal of DACA in the fall of 2014 and received a three-year work authorization in November of that year, shortly after the administration announced DAPA and the expansion of DACA.

“When I applied for DACA, I trusted the government to keep my personal information confidential,” Villalobos said. “Releasing that private information could put my family at risk of harassment by groups and individuals that don’t like immigrants. I am worried for the safety of my daughters.

Juan Escalante, a 27-year-old resident of Florida, applied for a renewal of DACA in August 2014 and received a three-year work authorization in December 2014. In his application, he Included sensitive information like his social security number, financial information, and the identities of family members.

“The idea that federal government would turn this information to the district court, and that the district court might turn it over to the State of Florida or other agencies, makes me anxious and fearful, both for myself and for my family, of the possibility that the information could fall into the wrong hands,” Escalante said.

The 2012 DACA initiative allows some young undocumented immigrants who were brought to the U.S. as children to live and work in the country temporarily if they meet certain eligibility requirements. The expansion of DACA and DAPA announced in 2014 built upon the success of that program by extending similar benefits to additional immigrant youth and certain undocumented parents of American children.

Today’s filing is available at www.nilc.org/wp-content/uploads/2016/06/TX-v-US-Petition-for-Writ-of-Mandamus-2016-06-03.pdf and www.nilc.org/wp-content/uploads/2016/06/TX-v-US-Petitioners-Emergency-Motion-for-Stay-2016-06-03.pdf.

A recording of today’s press call on the filing is available at: https://soundcloud.com/nilc-nilc/nilc-press-conference-call-6316

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