National Immigration Law Center, MALDEF, ACLU, ACLU of Arizona to Mount Legal Challenge Against Arizona Racial Profiling Law
The National Immigration Law Center, MALDEF, the American Civil Liberties Union, and the ACLU of Arizona today held a news conference in front of the Arizona State Capitol Building in Phoenix to announce their future legal challenge to Governor Jan Brewer’s recently signed SB1070.
The organizations also sought to address misinformation and fears that have been spreading throughout the Latino community across Arizona.
MALDEF, ACLU, ACLU of Arizona and NILC leaders were joined by civil rights leaders Dolores Huerta, Richard Chavez and multi-Grammy winning artist and human rights advocate, Linda Ronstadt.
“Today, the three most experienced immigrants’ and civil rights legal organizations nationwide – MALDEF, ACLU and NILC – announce their partnership, together with local Arizona-based counsel, to challenge SB1070 in court,” said MALDEF President and General Counsel Thomas A. Saenz.
“The Arizona community can be assured that a vigorous and sophisticated legal challenge will be mounted, in advance of SB1070′s implementation, seeking to prevent this unconstitutional and discriminatory law from ever taking effect.”
“This law will only make the rampant racial profiling of Latinos that is already going on in Arizona much worse,” said Alessandra Soler Meetze, Executive Director of the ACLU of Arizona. “If this law were implemented, citizens would effectively have to carry ‘their papers’ at all times to avoid arrest. It is a low point in modern America when a state law requires police to demand documents from people on the street.”
Linton Joaquin, General Counsel of NILC, added, “This unconstitutional law sends a strong message to all immigrants to have no contact with any law enforcement officer. The inevitable result is not only to make immigrants more vulnerable to crime and exploitation, but also to make the entire community less safe, by aggressively discouraging witnesses and victims from reporting crimes.”
There are a number of serious constitutional problems with the law, the groups say. It violates the supremacy clause by interfering with federal immigration power and authority. The law also unlawfully invites racial profiling against Latinos and other people of color.
“What we are witnessing today is the blatant targeting of an entire American population, Latinos,” stated civil rights leader Dolores Huerta. “We must not give in one inch to Arizona’s effort to blame our community for all the ills of the state or their efforts to run us out. We have worked this land, built and maintained these buildings and sacrificed as much as any other. We must put an end to SB1070.”
“My family, of both German and Mexican heritage, has a long history in Arizona. It has been our diverse and shared history in this state that unites us and makes us stronger,” stated Linda Ronstadt. “What Governor Brewer signed into law last week is a piece of legislation that threatens the very heart of this great state. We must come together and stop SB1070 from pitting neighbor against neighbor to the detriment of us all.”
Reggie Shuford to Join EJS as Director of Law and Policy
After an extensive search process, the Equal Justice Society today announced that we’ve hired Reggie Shuford as our new Director of Law and Policy. He’ll be joining us in mid-May.
EJS has long wanted to engage in the next level of overturning the Intent Doctrine. Finding just the right Director of Law and Policy was critical to achieving this goal. And Reggie is the perfect fit.
Reggie is currently a senior staff counsel in the American Civil Liberties Union Foundation’s Racial Justice Program. An attorney with the ACLU since 1995, he helped pioneer legal challenges to racial profiling practices nationwide and is the ACLU’s chief litigator in challenges to racial profiling, leading national litigation efforts and consulting with ACLU state affiliates and others in cases of “driving while black or brown,” airport profiling, and profiling related to the war on terror.
Shuford’s advocacy to promote affirmative action includes leading recent efforts in Missouri and Oklahoma to defeat anti-affirmative action ballot initiatives, similar to California’s Prop. 209. Those initiatives were also sponsored by Ward Connerly and his supporters.
His docket has also included cases involving educational adequacy and equity, the school to prison pipeline, and the right to counsel for indigents. He also has been involved in advocacy against racism in the use of the death penalty.
Since September 11, 2001, working with colleagues around the country, he has filed a half dozen landmark lawsuits against major airlines alleging racial discrimination, as well as a nationwide challenge to the Transportation Security Administration’s management of the No-Fly List.
He has authored numerous petitions and briefs for cases that were presented to the U.S. Supreme Court dealing with matters of discrimination, the Equal Protection Clause and First and Fourth Amendment rights. He has published articles related to racial profiling, affirmative action, and violence in the African American community.
Reggie also teaches and speaks regularly around the country and internationally, including Moscow, Geneva, and Canada, on issues of racial justice, profiling, discrimination, national security, and other topics, and has appeared on numerous television programs, including CNN’s Burden of Proof and Talk Back Live, ABC’s 20/20, Court TV’s Pros and Cons and Crier Today, NBC’s Nightly News and Dateline, an MTV documentary, True Life: I Am Driving While Black, and was featured in Leading the Way: The History of Black Lawyers and Judges in America Throughout the Twentieth Century, on Court TV.
He has been interviewed on various radio and TV programs, including National Public Radio and MSNBC, and has been quoted in major newspapers such as The New York Times, The Washington Post, USA Today and the Guardian. In addition to his litigation responsibilities, Shuford is the ACLU’s Recruitment and Retention Officer for attorneys of color on the national legal staff.
Prior to the ACLU, Reggie worked in private practice in Raleigh, N.C., with the firm Richard Schwartz & Associates, specializing in education law. Just after graduating law school, he clerked with the Hon. Henry E. Frye of the Supreme Court of North Carolina. He is a graduate of the University of North Carolina School of Law, in Chapel Hill, where he was his graduating class president. He is a Wasserstein Public Interest Fellow at Harvard Law School for the 2009-10 academic year and the recent recipient of the University of North Carolina School of Law’s Distinguished Alumnus Award.
We’re elated that Reggie’s joining the EJS team and hope that you have a chance to meet him (or see him again) after he joins us in mid-May.
President Obama Nominates Edward M. Chen for Judge, U.S. District Court, Northern California
The Equal Justice Society congratulates U.S. Magistrate Judge Edward M. Chen on his appointment by President Barack Obama to serve as a federal district court judge on the U.S. District Court for the Northern District of California.
The Asian American Bar Association of the Greater Bay Area (AABA) this morning issued a statement applauding President Barack Obama’s historic nomination and expressed its appreciation to U.S. Senator Dianne Feinstein, who forwarded the nomination to the White House.
Chen would be the first Asian American district judge on the bench in the 150-year history of that district. He was also the first Asian American magistrate judge when he was appointed to that position on April 23, 2001.
Under Article III of the U.S. Constitution, federal judges require confirmation by the U.S. Senate and serve with lifetime tenure. Magistrate Judges have limited terms and serve as judicial officers of the district courts and exercise the jurisdiction delegated to them by law and assigned by federal district judges.
“I’ve known and worked with Judge Chen for more than 37 years and seen him become a great attorney and an outstanding jurist,” said attorney Dale Minami of Minami Tamaki LLP, who worked with Chen on the successful case to overturn the wartime conviction of Fred Korematsu for defying President Roosevelt’s internment order.
Garner Weng, President of the Asian American Bar Association of the Greater Bay Area (AABA) noted that while there were a number of excellent Asian American candidates, “Judge Chen earned this nomination for his record of public service and his experience as a federal magistrate. We are extremely proud of his nomination and of his participation in AABA over the years.”
“Judge Chen will be a tremendous addition to the bench and has a wide range of support from diverse groups, including the public interest, law enforcement, legal, and minority communities,” said Edwin Prather, President of the Asian Pacific Bar of California and a former clerk for Chen. Prather also said that Chen received the 2007 Barristers Choice Award, an honor voted on by the membership of BASF’s Barristers Club and awarded to a jurist who has made extraordinary efforts to educate and encourage lawyers new to the courtroom.
Russell Roeca, President of the Bar Association of San Francisco, echoed Prather’s comments and praised Senator Feinstein for the nomination. “The Bar Association of San Francisco has long valued and advocated for a diverse judiciary and noted the complete lack of Latino and Asian American judges on the district court. In recommending Judge Chen to the President, Senator Feinstein has initiated a historical appointment.” Roeca also said that Chen received an “Exceptionally Well Qualified” rating from BASF’s Judiciary Committee.
“Judge Chen enjoys a solid reputation as an intelligent, reasonable, even-handed and diligent judge,” said San Francisco City Attorney Dennis Herrera. Chen “is a balanced and impartial judge whose temperament is well suited to the bench.”
“Judge Chen combines compassion and fairness with toughness and intellect in tacking difficult issues,” said attorney Ismail J. Ramsey, who has appeared numerous times before Chen. “He has always brought a practical approach to the issues, while ensuring that the rights of all those appearing before him were honored and making certain that the community was protected.”
“Judge Chen has earned a reputation as an evenhanded jurist who is constantly mindful of the role that judges fulfill in society as keepers of the rule of law and the public trust in our system of justice,” said David Wong, president of the San Francisco Deputy Sheriffs’ Association.
Chen graduated from the UC Berkeley School of Law where he earned membership in the Order of the Coif, the highest honor society at the school, and served on the California Law Review. He clerked for U.S. District Judge Charles B. Renfrew and U.S. Court of Appeals Chief Judge James R. Browning.
After his clerkships, Chen practiced as a litigation associate with the law firm of Coblentz, Cahen, McCabe & Breyer (now Coblentz, Patch, Duffy & Bass). While with the Coblentz firm and then as a staff attorney with the ACLU of Northern California, Chen joined the legal team representing Fred Korematsu.
Press Conference and Rally for the People’s Budget Fix
Our friends at the Ella Baker Center for Human Rights have organized a rally to propose criminal justice reforms to help solve California’s budget crisis and we encourage you to attend! The rally is at 11 a.m. on Thursday, July 30, at the Elihu M. Harris State Building, 1515 Clay St., in Oakland, near the 12th St. BART Station. RSVP via email or Facebook.
Like EJS, the Ella Baker Center is deeply concerned with the Governor’s recent proposals to balance the budget on the backs of children, disabled folks, the elderly, students, and teachers — the people of California. California’s corrections budget has increased by 450% over the last two decades, doubling its proportion of the General Fund, even as the system consistently fails to meet constitutional standards or increase public safety.
The rally will call public attention to the harm that the Governor’s proposed (or enacted) budget will cause. It will also promote an alternative to deep cuts in vital social services: The People’s Budget Fix, a series of smart criminal justice reforms that will increase public safety, protect the social safety net and save the state $12 billion over five years.
The People’s Budget Fix alone will not solve the economic crisis. The message of the People’s Budget Rally is to stress how our proposed reforms to California’s justice system will help protect essential state services and keep us on track to not only recover, but to begin building an equitable and prosperous California together.
Please RSVP if you can attend the People’s Budget Rally on July 30 in Oakland. If you can, please forward this email and invite others to attend. To RSVP or for additional information, response on Facebook or contact Jennifer Kim at Jennifer@ellabakercenter.org or 510-285-8234.
Sponsored by: Books Not Bars, A Campaign of the Ella Baker Center; American Civil Liberties Union; Drug Policy Alliance and Families to Amend California’s Three Strikes.
LGBT Legal Groups Decry Obama Administration’s Defense of DOMA
The National Center for Lesbian Rights (EJS board member Kate Kendell is NLCR’s executive director), Lambda Legal, the ACLU, Human Rights Campaign, GLAD and the National Gay and Lesbian Task Force issued a statement today objecting to the Obama administration’s recent filing in support of the a law that discriminates against LGBT.
(San Francisco, CA, June 12, 2009)—We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act against Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and obviously discriminatory.
We disagree with many of the administration’s arguments, for example that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.
We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states.
There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive.
It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.
When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.