June, 08 2011, 04:16pm EDT

For Immediate Release
Contact:
Elizabeth Beresford, ACLU national, (212) 519-7808 or 549-2666; media@aclu.org
Adela de la Torre, NILC, (213) 674-2832; delatorre@nilc.org
Azadeh Shahshahani, ACLU of Georgia, (404) 574-0851; ashahshahani@acluga.org
Marion Steinfels, Southern Poverty Law Center, (334) 956-8417; marion.steinfels@splcenter.org
Sin Yen Ling, Asian Law Caucus, (415) 896-1701; sinyenl@asianlawcaucus.org
ACLU, NILC and Civil Rights Coalition Ask Court to Block Implementation of Georgia's Discriminatory "Show Me Your Papers" Law
The American Civil Liberties Union, the National Immigration Law Center (NILC) and a coalition of civil rights organizations today asked a federal court to block implementation of Georgia's draconian new anti-immigrant law. The law, inspired by Arizona's S.B.
ATLANTA
The American Civil Liberties Union, the National Immigration Law Center (NILC) and a coalition of civil rights organizations today asked a federal court to block implementation of Georgia's draconian new anti-immigrant law. The law, inspired by Arizona's S.B. 1070 and scheduled to go into effect July 1, authorizes police to demand "papers" demonstrating citizenship or immigration status during routine encounters, criminalizes Georgians who interact with undocumented individuals and denies individuals without specific identification access to state facilities and services.
In a motion requesting a preliminary injunction, the groups charge that Georgia's discriminatory law unlawfully interferes with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution; authorizes unreasonable seizures and arrests in violation of the Fourth Amendment; restricts the constitutional right to travel freely throughout the United States; and violates the separation of powers principles in the Georgia Constitution. The motion asks to prevent the law from going into effect pending a final ruling on its constitutionality.
Although the vast majority of states have declined to follow Arizona's lead by enacting laws like S.B. 1070, three have done so: Utah, Indiana, and Georgia. An even more restrictive law was passed last week by the legislature in Alabama. The main provisions of Arizona's law have been blocked by the federal courts. After an ACLU and NILC lawsuit, a federal district court last month put Utah's law on hold pending further review. The ACLU and NILC also filed last month a legal challenge to Indiana's law, which is scheduled to go into effect on July 1.
Along with the ACLU and NILC, the civil rights coalition includes the ACLU of Georgia, the Southern Poverty Law Center, the Asian Law Caucus, Federal & Hassan, LLP, Kuck Immigration Partners, LLC, and G. Brian Spears.
The following quotes can be attributed to members of the coalition, as listed below.
Linton Joaquin, general counsel of NILC
"Unless this law is blocked, countless Georgians - native-born and immigrant alike - will suffer grave constitutional rights violations, be subject to racial profiling or criminalized because of their interactions with their neighbors and family. These people should not be subject to these irreparable harms simply because an unconstitutional law is on the books."
Omar Jadwat, staff attorney with the ACLU Immigrants' Rights Project
"HB 87 undermines basic principles of fairness, equality and liberty by criminalizing basic acts of human decency and creating a 'show me your papers' policing system in the state of Georgia. We are confident that the court will recognize the clear danger the law poses to the civil rights and civil liberties of all Georgians and will prevent the law from taking effect."
Debbie Seagraves, executive director of ACLU of Georgia
"It is imperative that our clients who are engaged in charitable work know that they can continue their work without facing fines or jail time. If this law goes into effect, they cannot be sure that they will not be punished for following their religious mandates."
Sin Yen Ling, senior staff attorney with the Asian Law Caucus
"Asian and Latino communities in Georgia will be disproportionately impacted if HB 87 is permitted to go into effect on July 1st. The Court must grant the injunction to prevent Georgia from engaging in racial profiling of immigrant communities."
Mary Bauer, legal director of the Southern Poverty Law Center
"If allowed to take effect, this law will threaten the rights of citizens and non-citizens alike by encouraging racial profiling. It undermines our core American values of fairness and equality."
The preliminary injunction motion was filed today in the United States District Court for the Northern District of Georgia on behalf of civil rights, labor, social justice and faith-based organizations, including Georgia Latino Alliance for Human Rights, Service Employees International Union, the Southern Regional Joint Board of Workers United, Alterna, Coalition of Latino Leaders, Task Force for the Homeless, DreamActivist.org, Instituto de Mexico, Coalition for the People's Agenda and the Asian American Legal Advocacy Center; 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 include Jadwat, Andre Segura, Cecillia D. Wang and Kate Desormeau of the ACLU Immigrants' Rights Project; Elora Mukherjee of the ACLU Racial Justice Program; Joaquin, Karen C. Tumlin, Nora A. Preciado, Melissa S. Keaney, Tanya Broder and Jonathan Blazer of the National Immigration Law Center; Bauer, Andrew H. Turner, Samuel Brooke, Naomi Tsu, Michelle R. Lapointe and Daniel Werner of the Southern Poverty Law Center; Chara Fisher Jackson and Azadeh N. Shahshahani of the ACLU of Georgia; Ling of the Asian Law Caucus; R. Keegan Federal, Jr. of Federal & Hassan, LLP.; Charles H. Kuck and Danielle M. Conley of Kuck Immigration Partners, LLC; and G. Brian Spears.
The motion for a preliminary injunction can be found at: www.aclu.org/immigrants-rights/georgia-latino-alliance-human-rights-et-al-v-deal-preliminary-injunction
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
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Muhannad Fadl al-Lili, captain of the Al-Maghazi Services Club and a member of Palestine's national football team, died Thursday from injuries suffered during an Israeli airstrike on his family home in the central Gaza Strip earlier this week, making him the latest of hundreds of Palestinian athletes killed since the start of Israel's genocidal onslaught.
Al-Maghazi Services Club announced al-Lili's death in a Facebook tribute offering condolences to "his family, relatives, friends, and colleagues" and asking "Allah to shower him with his mercy."
The Palestine Football Association (PFA) said that "on Monday, a drone fired a missile at Muhannad's room on the third floor of his house, which led to severe bleeding in the skull."
"During the war of extermination against our people, Muhannad tried to travel outside Gaza to catch up with his wife, who left the strip for Norway on a work mission before the outbreak of the war," the association added. "But he failed to do so, and was deprived of seeing his eldest son, who was born outside the Gaza Strip."
According to the PFA, al-Lili is at least the 265th Palestinian footballer and 585th athlete to be killed by Israeli forces since they launched their assault and siege on Gaza following the October 7, 2023 Hamas-led attack on Israel. Sports journalist Leyla Hamed says 439 Palestinian footballers have been killed by Israel.
Overall, Israel's war—which is the subject of an International Court of Justice (ICJ) genocide case—has left more than 206,000 Palestinians dead, maimed, or missing, and around 2 million more forcibly displaced, starved, or sickened, according to Gaza officials.
The Palestine Chronicle contrasted the worldwide press coverage of the car crash deaths of Portuguese footballer Diogo Jota and his brother André Silva with the media's relative silence following al-Lili's killing.
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"These phenomena highlight the need to respond urgently and based on the principles of equity, justice, cooperation, and sustainability, with a human rights-based approach," the court asserted.
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The advisory opinion builds on two landmark decisions last year. In April 2024, the European Court of Human Rights ruled that the Swiss government violated senior citizens' human rights by refusing to abide by scientists' warnings to rapidly phase out fossil fuel production.
The following month, the International Tribunal for the Law of the Sea found in an advisory opinion that greenhouse gas emissions are marine pollution under the United Nations Convention on the Law of the Sea and that signatories to the accord "have the specific obligation to adopt laws and regulations to prevent, reduce, and control" them.
The IACtHR advisory opinion is expected to boost climate and human rights lawsuits throughout the Americas, and to impact talks ahead of November's United Nations Climate Change Conference, or COP30, in Belém, Brazil.
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Delta Merner, lead scientist at the Science Hub for Climate Litigation at the Union of Concerned Scientists, said in a statement that "this opinion sets an important precedent affirming that governments have a legal duty to regulate corporate conduct that drives climate harm."
"Though the United States is not a party to the treaty governing the Inter-American Court of Human Rights, this opinion should be a clarion call for transnational fossil fuel companies that have deceived the public for decades about the risks of their products," Merner added. "The era of accountability is here."
Markus Gehring, a fellow and director of studies in law at Hughes Hall at the University of Cambridge in England, called the advisory opinion "highly inspiring" and "seminal."
Drew Caputo, vice president of litigation for lands, wildlife, and oceans at Earthjustice, said that "the Inter-American Court's ruling makes clear that climate change is an overriding threat to human rights in the world."
"Governments must act to cut carbon emissions drastically," Caputo stressed. "While the United States and some other major polluters have chosen to ignore climate science, the rest of the international community is advancing protections for all from the realities of climate harm."
Climate litigation is increasing globally in the wake of the 2015 Paris climate agreement. In the Americas, Indigenous peoples, children, and green groups are among those who have been seeking climate justice via litigation.
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As reported recently by the Oil and Gas Journal, the plan "involves expanding the Wildcat Loadout Facility, a key transfer point for moving Uinta basin crude oil to rail lines that transport it to refineries along the Gulf Coast."
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Sen. Michael Bennet (D-Colo.) and Rep. Joe Neguse (D-Colo.) issued a joint statement condemning the Trump administration's push to approve the project while rushing through environmental impact reviews.
"The Bureau of Land Management's decision to fast-track the Wildcat Loadout expansion—a project that would transport an additional 70,000 barrels of crude oil on train tracks along the Colorado River—using emergency procedures is profoundly flawed," the Colorado Democrats said. "These procedures give the agency just 14 days to complete an environmental review—with no opportunity for public input or administrative appeal—despite the project's clear risks to Colorado. There is no credible energy emergency to justify bypassing public involvement and environmental safeguards. The United States is currently producing more oil and gas than any country in the world."
On Thursday, the Bureau of Land Management announced the completion of its accelerated environmental review of the project, drawing condemnation from climate advocates.
Wendy Park, a senior attorney at the Center for Biological Diversity, described the administration's rush to approve the project as "pure hubris," especially given its "refusal to hear community concerns about oil spill risks." She added that "this fast-tracked review breezed past vital protections for clean air, public safety and endangered species."
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