Tom would have brought to that position an extensive and celebrated background as a champion for civil rights, social justice and progressive values.

We were surprised to learn on Friday that President Obama appointed Maryland labor secretary Tom Perez to the post. The announcement was followed by reports that the administration offered the job to Tom Saenz and rescinded it because of “political considerations.”

At the same time that we congratulate Mr. Perez’s appointment to the position, we’re also mystified and incredibly disappointed by the administration’s seemingly unjustified change of heart about Tom Saenz.

Some say that the decision was based on the possibility that Tom’s progressive views on immigration would have fueled a nominations battle with Senate Republicans.

We hope there was a better reason.

As regional counsel for the Mexican American Legal Defense and Educational Fund, Tom served as lead counsel in civil rights cases involving such issues as educational equity, employment discrimination, immigrants’ rights, day laborer rights and voting rights.

He served as MALDEF’s lead counsel in successfully challenging California’s Proposition 187 in court, presenting extensive arguments on numerous occasions in three different cases involving the anti-immigrant initiative.

Tom clerked at both the federal district court and the U.S. Court of Appeals for the Ninth Circuit after graduating summa cum laude from Yale University and receiving his law degree from Yale Law School.

His qualifications for the Assistant Attorney General position were never in question.

Please contact the White House and ask for an explanation of why the administration reneged on Tom Saenz’s appointment. President Obama has asked us to hold him accountable. We should do so now.

http://www.whitehouse.gov/contact/

(Also see EJS’s statement here.)

“Thomas Saenz was a great choice to oversee a department tasked with enforcing federal statutes to prohibit discrimination on the basis of race, sex, disability, religion, and national origin. He follows the law meticulously and is one of the best litigators our country has. He has dedicated his entire career to the fight for justice, equal opportunity, and dignity for those who have no voice,” said Murguía.

“We are concerned that his name may have been pulled from consideration over his ‘position on immigration’ and the signal that it sends to young lawyers weighing careers in upholding the nation’s civil rights laws. Mr. Saenz has successfully litigated cases based on the merits of immigration law and has done so with integrity and professionalism. Where he stands on an issue is not as significant as his understanding of the law and his ability to argue the facts.”

“I am confident that at his confirmation hearing Mr. Saenz would have been able to address any questions related to his litigation work on immigration based on the facts of the cases he argued and the law. Unfortunately he will not be given that opportunity,” continued Murguía.

“This action may lead some to question whether the White House is ready to fulfill its promise on immigration reform. Along with the nomination of Tom Perez as Assistant Attorney General for Civil Rights, the Latino community will be looking for further reassurance that this is not the case. Nonetheless, the administration missed an opportunity to bring the debate back to the merits of the law, rather than succumb to the shrill voices of fear,” concluded Murguía.