August 8, 2011

HACU joins in Amici Curiae Brief filed against Alabama Immigration Law 

HACU has joined Multicultural Education, Training & Advocacy Inc. (META, Inc.), the League of United Latin American Citizens (LULAC), and the Hispanic College Fund (HCF) on an Amici Curiae brief filed Aug. 4, 2011 in the United States District Court for the Northern District of Alabama. 

The brief challenges the constitutionality of Alabama’s controversial new immigration law, H.B. 56. The U. S. Department of Justice has also filed a lawsuit challenging the law. The Amici Curiae brief which HACU joined argues that federal law pre-empts the Alabama law and that the state law violates the rights of undocumented schoolchildren and their U.S. citizen siblings under the Equal Protection Clause of the Fourteenth Amendment.  In Plyler v. Doe (1982) the U.S. Supreme Court affirmed the Amici Curiae argument.

“We are actively engaged and doing what we can to stop H.B. 56 in Alabama,” said HACU President and CEO Antonio R. Flores. “This law would prevent many deserving students from achieving the American dream of a higher education.”

The Alabama immigration law includes provisions such as demanding that every public elementary and secondary school in the state determine the immigration status of every child who was born outside of the U.S. or is the child of an undocumented immigrant. The law also unconstitutionally bars many lawfully present immigrants from attending public colleges and universities in Alabama, in addition to barring the attendance of DREAM Act students. Furthermore, the new law limits an immigrant’s ability to apply for employment, secure housing or transportation and even enter into an enforceable contract.

“HACU has forcefully advocated against discriminatory practices at the state level, and we will continue to do what we can to advocate for the rights of all students,” said Flores. “We look forward to the end of discriminatory state practices and to just and comprehensive immigration reform which protects immigrants.”

Later this month a federal judge will announce whether the law will be blocked from taking effect as scheduled on September 1.