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ACLU Lawsuit HB87

ACLU Lawsuit HB87

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Published by keeganfederal
Lawsuit filed by the ACLU on behalf of the Georgia Latino Alliance for Human Rights, et al.
Lawsuit filed by the ACLU on behalf of the Georgia Latino Alliance for Human Rights, et al.

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Published by: keeganfederal on Jun 05, 2012
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06/05/2012

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CUAI('S
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF GEORGIA
I
-
ty
ATLANTA DIVISION .
Georgia Latino Alliance for Human Rights;Service Employees International Union; SouthernRegional Joint Board
of
Workers' United;DREAM Activist.org; Task Force for theHomeless; Asian American Legal AdvocacyCenter; Alterna; Coalition
of
Latino Leaders;Instituto de Mexico, Inc.
of
Atlanta; Coalition forthe People's Agenda; Paul Bridges; BenjaminSpeight; Everitt Howe; Paul J. Edwards; SharonGruner; Jane Doe
#
I; Jaypaul Singh; ErnestoPinon; John Doe # I; John Doe #2; and Jane Doe#2,Civil Action File No.
.
,.
Plaintiffs,
,:
11
-
CV
=
1B0
 
v.
Nathan Deal, Governor
of
the State
of
Georgia, inhis official capacity; Samuel S. Olens, AttorneyGeneral
of
the State
of
Georgia, in his officialcapacity; Clyde L. Reese,
III,
Commissioner
of
the Department
of
Human Services
of
the State
of
Georgia, in his official capacity; Mike Beatty,Commissioner
of
the Department
of
CommunityAffairs
of
the State
of
Georgia, in his officialcapacity; and Falecia Stewart, Executive Director
ofthe
Housing Authority
of
Fulton CountyGeorgia, in her official capacity,Defendants.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEFCLASS ACTION
Case 1:11-cv-01804-TWT Document 1 Filed 06/02/11 Page 1 of 82
 
PRELIMINARY STATEMENT
1.
This action challenges Georgia's comprehensive immigration law, HouseBill 87 ("HB
87,"
attached as Exhibit A). In HB 87, Georgia creates a punitive andcomprehensive immigration system that, among other things: (1) authorizes stateand local law enforcement officers to investigate the immigration status
of
individuals who do not carry one
of
a limited set
of
documents prescribed by thestate, and to arrest individuals on suspicion that they have violated federal civilimmigration laws (Section 8); (2) creates new criminal immigration laws specificto and wholly administered by the State
of
Georgia (Section 7); (3) denies publicbenefits to anyone unable to provide one
of
several enumerated documents thatGeorgia deems sufficient
proof
of
identity (hereinafter "qualifying identitydocuments") (Section 17); and (4) outlaws the use
of
consular identification cards,which several foreign governments issue to their citizens, for any official purpose(Section 19).2. Governor Nathan Deal signed HB 87 on May 13,2011. The law isscheduled to take effect on July
1,2011,
excepting the benefits provision (Section17) and the ban on consular identification cards (Section 19(c)), which arescheduled to take effect on January I, 2012.
2
Case 1:11-cv-01804-TWT Document 1 Filed 06/02/11 Page 2 of 82
 
3.
If
allowed to take effect, HB 87 will significantly harm Georgians, andparticularly Georgians
of
color, for at least three reasons:4. First, as confirmed by law enforcement officials in Georgia andelsewhere, HB 87 will subject Georgians-i-including countless U.S. citizens andnon-citizens who have permission from the federal government to remain in theUnited States-i-to unlawful interrogations, searches, seizures, and arrests and willresult in widespread racial profiling. All Georgians, and particularly those
of
color, will be compelled to carry additional paperwork prescribed by the State
of
Georgia at all times. This is because HB 87 makes individuals who do not carrythe prescribed documentation subject to lengthy investigations into immigrationstatus that last over 80 minutes on average under the best case scenario. Thisdocumentation requirement amounts to a state alien registration schemeincorporated into Georgia criminal procedure.5. Second, HB 87 will cause countless Georgians-i-including U.S. citizensand non-citizens with federal permission to remain in the United States-i-to beerroneously deprived
of
the public benefits that they need and are lawfully entitledto receive. These deprivations will force individuals and families, including thosewith young children, to be without food and shelter, simply due to an inability toproduce a qualifying identity document.
3
Case 1:11-cv-01804-TWT Document 1 Filed 06/02/11 Page 3 of 82

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