Federal Court Orders Class Action for Immigrants Denied Proof of Status

Federal Court Orders Class Action for Immigrants Denied Proof of Status; Delays Keep Legal Permanent Residents from Work, Family

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Contact: Javier N. Maldonado of the Texas Lawyers' Committee for Civil Rights, 210-277-1603 ext. 307

MCALLEN, Texas, April 1 /U.S. Newswire/ -- The Texas Lawyers' Committee for Civil Rights and the Mexican American Legal Defense and Educational Fund (MALDEF) won a significant victory in a federal lawsuit against the Department of Homeland Security (DHS) on behalf of legal permanent residents in Texas who have been denied adequate proof of their lawful status. Federal Judge Ricardo Hinojosa granted class action status to the plaintiffs, meaning that hundreds of lawful permanent residents throughout Texas who are similarly situated will now be represented in the case.

Javier N. Maldonado, Executive Director of the Texas Lawyers' Committee, hailed the ruling. "The court's ruling today is an important first step towards forcing the DHS to honor the constitutional and statutory rights that lawful permanent residents have been granted," he said. "By certifying this case as a class action, the court's ruling will ensure that any orders issued in this case will protect the rights of lawful permanent residents in the state of Texas."

The lawsuit, Padilla et al v. Ridge et al, filed in federal court in McAllen, Texas in May 2003, claims that the DHS systematically delays or denies documentation of lawful immigration status to immigrants granted legal permanent resident status in immigration court. DHS' delay in processing, which has lasted for months and years in some cases, has created hardships for lawful permanent residents. Without official, written documentation of lawful immigration status, immigrants cannot fully enjoy the benefits to which they are constitutionally entitled. The legal residents live in fear of not being able to demonstrate that they are lawfully in the U.S. if they are stopped and questioned by state or federal officials.

"The goal of this lawsuit is for lawful permanent residents to be allowed to support their families, go to school, travel abroad, and enjoy the freedoms that our Constitution guarantees," said Joe Berra, attorney for MALDEF.

In pursuing this case, and in securing class certification for hundreds of lawful residents, the Texas Lawyers' Committee and MALDEF hope to prompt federal officials to address some of the serious issues that have resulted from the absorption of Immigration and Naturalization Service into the Department of Homeland Security.

"DHS knows full well that once an Immigration Judge grants lawful permanent resident status an individual is enfranchised with the liberty to work and travel," said Maldonado. "The pretext of 'Homeland Security' does not provide for unreasonably withholding documentation and disregarding the rights of lawful immigrants." In the next stages of the lawsuit, the federal court must decide whether DHS' policies and practices are unlawful and if so, order the agency to issue temporary documentation to the plaintiffs and class members within a reasonable time.

The Lawyers' Committee for Civil Rights under Law of Texas is a non-profit civil rights organization dedicated to defending the rights of immigrants and refugees throughout the state of Texas. Please visit http://www.txlawyerscommittee.org

So we're talking legal immigrants here? Waiting months and years for documentation? Mayhap they have a legitimate beef?

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3 posted on 04/01/2004 2:33:25 PM PST by Support Free Republic (Don't be a nuancy boy)

Agreed. It seems there is no time to issue legal documentation while there is plenty of time to pander to the illegal crowd. There's got to be a lot of legal immigrants asking themselves why they were such a chump to do it legally when politicians are falling all over themselves to reward the illegals.

4 posted on 04/01/2004 2:39:36 PM PST by Vigilanteman (crime would drop like a sprung trapdoor if we brought back good old-fashioned hangings)

Well this is crazy. We should make a point of treating legal immigrants well. Otherwise what would be the point of obeying the law?

Federal Judge Ricardo Hinojosa granted class action status to the plaintiffs,

Well, we can be sure there is no conflict here. Just open up those pockets you sucker taxpayers.

6 posted on 04/01/2004 5:48:38 PM PST by itsahoot (The lesser of two evils, is evil still...Alan Keyes)

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