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For Immediate Release
May, 03 2011, 12:02pm EDT
Contact:
Rachel Myers, ACLU national, (212) 549-2689 or 2666; media@aclu.org
Adela de la Torre, National Immigration Law Center, (213) 400-7822; delatorre@nilc.org
Karen McCreary, ACLU of Utah, (801) 521-9862; kmccreary@acluutah.org
ACLU And NILC File Lawsuit Challenging Utah "Show Me Your Papers" Law
Law Would Turn Utah Into Police State And Invite Racial Profiling, Groups Say
SALT LAKE CITY
The American Civil Liberties Union, the ACLU of Utah, the National Immigration Law Center (NILC) and the law firm of Munger, Tolles & Olsen filed a class action lawsuit today charging that Utah's recently passed law, HB 497, like Arizona's notorious SB 1070, authorizes police to demand "papers" demonstrating citizenship or immigration status during traffic stops, invites racial profiling of Latinos and others who appear "foreign" to an officer and interferes with federal law.
"America is not a 'show me your papers' country. No one should be subject to investigation, detention and arrest without any suspicion of criminal activity," said Cecillia Wang, managing attorney with the ACLU Immigrants' Rights Project. "Utah's law violates the Constitution and we are confident that we will prevent it from taking effect."
The lawsuit charges that the Utah law is unconstitutional in that it unlawfully interferes with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution; authorizes and requires unreasonable seizures and arrests in violation of the Fourth Amendment; restricts the constitutional right to travel freely throughout the United States; violates the Equal Protection Clause of the U.S. Constitution by unlawfully discriminating against certain lawful immigrants as well as people in Utah without approved identify documents; and violates the Utah state constitutional guarantee of uniform operation of the laws.
"By turning law enforcement officers into immigration agents, and requiring them to demand papers demonstrating immigration status, HB 497 promotes racial profiling, and ensures that immigrant communities will no longer feel safe going to the authorities as victims of or witnesses to crime," said Linton Joaquin, general counsel of the National Immigration Law Center. "This undermines the public safety of everyone."
"This law has been wildly misrepresented as a kinder, gentler version of Arizona's discriminating law," said Karen McCreary, Executive Director of the ACLU of Utah. "But the truth is, this ill-conceived law is just as harsh, turning Utah into a police state where everyone is required to carry their 'papers' to prove they are lawfully present."
Several prominent law enforcement officials, including Salt Lake City Police Chief Chris Burbank, oppose the law because it undermines trust and cooperation between local police and immigrant communities. Burbank and other officers have expressed concerns that the law diverts limited resources away from law enforcement's primary responsibility to provide protection and promote public safety in the community.
The lawsuit was filed today in the U.S. District Court for the District of Utah on behalf of civil rights, labor, social justice and business organizations, including Utah Coalition of La Raza, Service Employees International Union, Latin American Chamber of Commerce, Workers' United Rocky Mountain Joint Board, Centro Civico Mexicano, Coalition of Utah Progressives, individually named plaintiffs who would be subject to harassment or arrest under the law and a class of similarly situated people.
Attorneys on the case are:
National Immigration Law Center: Joaquin, Karen C. Tumlin, Shiu-Ming Cheer, Melissa S. Keaney
ACLU Immigrants' Rights Project: Wang, Omar C. Jadwat, Andre Segura, Katherine Desormeau
ACLU Racial Justice Program: Elora Mukherjee
ACLU of Utah: Darcy Goddard, Esperanza Granados
Munger, Tollles & Olson LLP: Bradley S. Phillips
The complaint can be found online at: www.aclu.org/immigrants-rights/utah-coalition-la-raza-v-herbert-complaint
More information about the Utah law can be found at: www.aclu.org/immigrants-rights/utah-coalition-la-raza-v-herbert
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
On Conspiracy Theorist Laura Loomer's Orders, Rubio Announces Arrest of 2 Women for Supporting Iran
The State Department said the women were related to the assassinated Iranian military commander Qasem Soleimani, but Iranian media said they had no connection to him.
Apr 04, 2026
With a majority of Americans including President Donald Trump's own base demanding a swift end to the war in Iran—and Iran's military capabilities proving difficult to overpower—observers suggested on Saturday that the White House was looking elsewhere to score "victories," as Secretary of State Marco Rubio announced that federal agents had arrested relatives of the late Major General Qasem Soleimani, the Iranian military commander who the US assassinated in 2020 during President Donald Trump's first term.
Rubio accused Soleimani's niece, Hamideh Soleimani Afshar, of promoting "regime propaganda" and voicing support for the Iranian Revolutionary Guard Corps (IRGC), and said she had been living a "lavish lifestyle" in the US. Afshar's husband has been barred from entering the US and the lawful permanent resident status she and her daughter had has been terminated, said the State Department.
"Are we losing so badly we need to arrest the distant relatives of long-since-dead Iranian commanders?" asked Ryan Grim of Drop Site News.
Aaron Reichlin-Melnick of the American Immigration Council noted that the administration had used the same legal authority to arrest Soleimani's reported family members as it did to detain former Columbia University student organizer Mahmoud Khalil and Tufts University scholar Rümeysa Öztürk for speaking out against US support for Israel—a tactic which is being challenged in court as unconstitutional.
Far-right conspiracy theorist Laura Loomer, who has wielded influence in the White House during the second Trump administration, claimed credit for the arrest of the two women, saying that in communications with the State Department, she had "exposed the fact that Qasem Soleimani’s Niece Hamideh Soleimani Afshar has been living in the United States (Los Angeles, California) where she posts pro-Iranian regime and pro-IRGC content on her social media while she lives a life of luxury."
"She has been arrested and will be deported back to Iran!" she added. "Over the last few months, I have quietly been documenting all of Hamideh Soleimani Afshar’s social media activity. I uploaded it all to a secure file and shared it with [the Department of Homeland Security] and Department of State, and now she has been arrested and she will be deported from our country."
In Iran on Saturday, media outlets were reporting that the two women arrested by US Immigration and Customs Enforcement were not related to Soleimani—who had no nieces, according to journalist Kourosh Ziabari.
Soleimani's daughter told the news outlet Jamaran that "none" of her extended family has ever lived in the US.
Regardless of the women's relation to Soleimani or lack thereof, journalist Ryan Grim said the arbitrary arrest "actively puts innocent Americans around the world at risk."
Rubio's explanation for the detention and his move to revoke the women's green cards is the latest evidence that "the US is now deporting people for thought crimes," said historian Zachary Foster.
Journalist Sana Saeed said the case shows that constitutional protections for due process and free speech, which are supposed to apply to green card holders, "no longer mean anything."
"People cannot lose their green card status simply because of familial relationships, so the justification shifts here to their alleged support for the Iranian government," said Saeed. "But supporting a foreign government is not a criminal offense. And if you begin to treat it as one—as the US government effectively is in this case—then expect a lot more of this."
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As the US military's frantic search continued Saturday for an airman who was aboard an F-15E fighter jet when it was downed by Iranian forces a day earlier, and analysts and Iranian media alike suggested the Trump administration has lost control of its war against Iran, President Donald Trump issued his latest threat against the country—once again appearing to threaten tens of millions of Iranians with war crimes.
Renewing his demand that Iran "MAKE A DEAL or OPEN UP THE HORMUZ STRAIT," the president said he was giving the Iranian government "48 hours before all Hell will reign down on them," appearing to confuse the word "reign" with "rain."
"Time is running out," said Trump in a post on his social media platform, Truth Social.
In his post, Trump did not directly address the ongoing search for the airman, who was one of two who ejected from the fighter jet when Iran reportedly used new air defense systems to shoot down the plane. One crew member was found and rescued on Friday.
Iranian officials were also looking for the missing airman on Saturday, raising concerns that the service member could be taken as a hostage and used as leverage.
The president has said little about the ongoing search, but spoke briefly to The Independent in a phone call Saturday about the possibility that Iran could find the service member first.
"We hope that’s not going to happen,” he said.
Trump's comments on social media, meanwhile, appeared to signal "a countdown to massive war crimes," said New York University law professor Ryan Goodman.
The president has also previously warned Iran with an ultimatum, only to delay the threatened action. He said on March 22 that the US would "hit and obliterate their various POWER PLANTS, STARTING WITH THE BIGGEST ONE FIRST!" if officials did not reopen the strait—prompting critics to condemn him as a "maniacal tyrant."
The March 22 threat was likely a reference to Bushehr Nuclear Power Plant, the vicinity of which was struck by a projectile on Saturday, prompting condemnation from the International Atomic Energy Agency. Human rights experts have repeated warnings in recent weeks that striking power plants would constitute war crimes.
At least five people were killed and 170 were injured in airstrikes on a petrochemical hub in Iran's Khuzestan province on Saturday morning, in addition to the Bushehr attack.
After his initial threat, Trump later said direct strikes on energy infrastructure would not be launched until April 6, and demanded that Iran open the key waterway before then.
Despite Trump's increasingly belligerent threats of "hell" and destruction of civilian infrastructure, a number of media critics noted on Saturday that mainstream Western news outlets including The New York Times, The Economist, and Bloomberg described Iran's use of air defense systems to shoot down US war planes involved in the invasion as an "escalation from Iran's leadership."
"Does Iran have a right to defend itself? Does Palestine? Does Lebanon?" asked commentator Hasan Piker, noting that the US and Israel have claimed they launched the invasion of Iran to "defend" themselves against an imminent attack, contrary to US intelligence analysis. "Or is it just Israel and America who get to claim self-defense as they engage in wars of conquest?"
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The International Atomic Energy Agency warned of "the paramount importance of adhering to the seven pillars for ensuring nuclear safety and security during a conflict."
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The director general of the International Atomic Energy Agency on Saturday demanded "maximum military restraint" from the US and Israel as it confirmed reports that strikes had targeted a location close to Iran's Bushehr Nuclear Power Plant, killing at least one person.
In a statement released via social media, the IAEA relayed a message from Director General Rafael Mariano Grossi, who expressed "deep concern about the reported incident."
Grossi warned that nuclear power plants or nearby areas "must never be attacked, noting that auxiliary site buildings may contain vital safety equipment" and stressed "the paramount importance of adhering to the seven pillars for ensuring nuclear safety and security during a conflict."
The IAEA said the attack near the Bushehr plant, Iran's only operational nuclear power facility, was the fourth such attack since Israel and the US began its invasion of Iran on February 28. The plant lies in a city inhabited by about 250,000 people.
A security staff member was killed by a projectile fragment and a building on the Bushehr site was impacted by shockwaves and fragments. Grossi said that no increase in radiation levels was reported.
Iranian Foreign Minister Abbas Araghchi also condemned the Bushehr strike and issued a reminder of the "Western outrage about hostilities near Zaporizhzhia Nuclear Power Plant in Ukraine" when Russia attacked the site.
"Israel-US have bombed our Bushehr plant four times now. Radioactive fallout will end life in [Gulf Cooperation Council] capitals, not Tehran. Attacks on our petrochemicals also convey real objectives," said Araghchi.
Al Jazeera reported that at least two petrochemical facilities had been hit by the US and Israel in southern Iran’s Khuzestan province, an energy hub in the country. At least five people were injured in those attacks,
Iranian news agency Mehr reported that the state-run Bandar Imam petrochemical complex, which produces liquefied petroleum gas and chemicals as well as other products, sustained damage.
President Donald Trump said late last month that he would delay any attacks on Iran's energy infrastructure until April 6 and said the delay was "subject to the success of the ongoing meetings and discussions.”
He has threatened to destroy Iran's power plants and other civilian infrastructure if Iranian leaders don't end the blockade on the oil export waterway the Strait of Hormuz, which they began in retaliation for the US-Israeli strikes that started more than a month ago and which has fueled skyrocketing global energy prices.
The threat amounted to Trump warning that he could soon commit a war crime, said international law experts.
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