Victory for Arizona Day Laborers: Federal District Court Enjoins Anti-Day Laborer Provisions

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Victory for Arizona Day Laborers:  Federal District Court Enjoins Anti-Day Labor, Anti-Speech Provisions of SB 1070

Decision is Day Laborers’ Second Constitutional Victory in as Many Weeks

   

 

PHOENIX, AZ – A federal district court today enjoined provisions of SB 1070 that criminalized the solicitation of day labor work.  The court found that the provisions likely violated day laborers’ First Amendment free speech right to solicit work on public streets.

 

“Not only is the exercise of free speech a crucial civil right,” declared the court, “Plaintiffs have shown that they and their members are being chilled from soliciting employment by the threat of enforcement” of the anti-day labor provisions.

 

Judge Enjoins Day Laborer Sections of SB 1070

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NDLON members Tonatierra and the Southside Workers’ Center, along with other organizations and individuals directly impacted by Arizona’s anti-immigrant hate law, SB 1070, brought this lawsuit in federal court to challenge 1070’s constitutionality. On February 28, 2012, the judge granted Plaintiffs’ motion to enjoin the anti-day labor provisions of SB 1070. NDLON is co-counsel in the suit, along with the ACLU, MALDEF, NILC, and others.

GLAHR Response to HB 87 Injunction

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With parts of HB 87 temporarily blocked, community still threatened by Governor’s appeal and already existing 287(g) and the so-called ‘se communities’ program.
06.27.2011 Atlanta, GA. Today Judge Thrash announced a temporary and partial injunction on HB 87, enjoining sections 7 and 8 of the state law while allowing other sections to move forward. Governor Deal promptly declared his intention to appeal the decision.
Teodoro Maus of the Georgia Latino Alliance for Human Rights (GLAHR), plaintiff in the injunction suit responded to today’s announcement saying,
“We know that the law is unconstitutional. We will continue organizing until it is erased from Georgia’s books and our community is respected in this state for all we contribute. We ask our neighbors to take this moment to correct the false image of our community that has been created for them by hate-mongering anti-immigrant efforts.”
Adelina Nicholls, executive director of GLAHR added, “The court decision is a positive step forward but our communities still face discrimination from police empowered by the Obama administration’s 287(g) and se communities programs.
The criminalization of migrants is the wrong direction for our country regardless of whether it is state laws or federal programs propagating it. We now need an injunction on the federal level to stop programs that separate families. We need to turn toward a pathway for legalization.”
Gwinnett and Cobb counties are two of the most egregious examples of the racial profiling and discriminatory policing that occurs under federal ICE Access programs such as 287(g). HB 87 would have been an escalation of the already existing violations of civil and human rights of migrant and Latino communities in Georgia. Advocates are calling for the federal government to take a more active role in preventing implementation of HB 87, ending its own initiatives that have resulted in racial profiling and discriminatory policing, and pursuing genuine immigration reform.
GLAHR continues to call for a Day without Immigrants on July 1st and a march in recognition of the migrant community’s role in Georgia at the capitol on July 2nd. The partial injunction marks a temporary victory but dangerous segments of HB 87 are still moving forward. In that the Governor has already pledged to appeal its decision, the struggle for immigration reform and against racial bias in the state continues. …

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