The complicity of the Legal Services Corporation’s grantees in
promoting illegal immigration is assuming scandalous proportions. If LSC
grantees are not suing states for withholding services to illegals, they
are suing the federal government for trying to deport aliens who have entered
the country illegally. Most shocking of all, however, are the vigorous
efforts of legal services programs to prevent the deportation of aliens
with criminal records.
Legal Services Sues INS for Prohibiting Residency for Criminals
Last year, California Rural Legal Assistance attempted to overturn
a rule that denied legal residency to immigrant agricultural workers with
serious criminal records. The workers in question were part of a special
amnesty program which allows undocumented alien farmworkers, present in
the US since 1986, to attain temporary resident status as a precursor to
full citizenship. In response to a 1990 congressional law, the Immigration
and Naturalization Service issued the rule denying temporary residency
to immigrant workers with one felony or three misdemeanor convictions.
California Rural Legal Assistance argued that this violated their 5th Amendment
rights and the Administrative Rules Procedure Act. A US Appeals Court rejected
the 5th amendment claims but upheld legal services’ challenge on administrative
grounds.
For more information, see Naranjo v. U.S. INS, 30 F.3d (US App.
Ct.) 1994
Drug Trafficking Alien Gets Legal Services Support
Greater Boston Legal Services tried to prevent the deportation of an alien resident who had been convicted of serious drug offenses. US law clearly allows for the deportation of a non-citizen who “at any time has been convicted of a violation of...any law or regulation of a State...relating to a controlled substance.”The alien in this case, a Dominican woman, was tried, convicted and sentenced on four drug charges including two counts of possession of cocaine with intent to distribute. Nevertheless, legal services argued that the woman deserved to stay in the country. A US Court of Appeals rejected the claim.
For more information, see White v. INS, 17 F.3d 475 (US
App. Ct.) 1994
Atlanta Legal Aid Fights Deportation of Criminals
In 1993, the Atlanta Legal Aid Society attempted to halt the deportation of Cuban nationals convicted of committing serious crimes including murder and drug trafficking. Part of the 1980 Mariel Boatlift, the Cubans committed the crimes while on immigration parole. After release from prison, their immigration parole was revoked and were subsequently placed in detention to await return to Cuba. Atlanta Legal Aid lawyers said their detention was a violation of their constitutional right to due process of law. A US Appeals Court rejected the petition.
See Gisbert v. U.S. AG, 988 F. 2d 1437 (US App. Ct.) 1993
LSC Grantees Sue California for Denying Drivers Licenses to Illegals
Recently, two LSC grantees sued California’s Department of Motor
Vehicles for refusing to issue drivers’ licenses to illegal aliens. As
required by law, the DMV requires that all applicants provide proof of
legal residency to obtain licenses and registration. However, the National
Immigration Law Center and California Rural Legal Assistance saw fit to
sue the DMV on behalf of several illegal aliens who had their applications
rejected. The attorneys took the position that even if their presence in
the United States is unlawful they are still entitled to a driver’s license.
A state appeals court didn’t buy the argument and ruled that the “DMV is
not only authorized but obligated” to deny licenses to illegal aliens.
See Lauderbach v. Zolin, 35 Cal. App. 4th 578, May 30, 1995
Hospital Criticized for Frightening Illegals With Uniforms
In 1991, Texas Rural Legal Aid threatened to sue a hospital in MacAllen, Texas because its security guards wore uniforms resembling those of Border Patrol Agents. Legal services said this was discriminatory against illegals because it discouraged them from seeking care. Hospital spokesmen denied the charge and pointed out that they provided $14 million in uncompensated care in 1989 alone. Hospital officials added that if they really wanted to discourage illegals from seeking their services, they would charge for parking like other hospitals.
See Modern Healthcare, December 17, 1990 and January 28,
1991
US Attorney Sued by Legal Services for Enforcing Immigration Laws
In 1982, California Rural Legal Assistance sued US Attorney Joseph
Russoniello for investigating allegations that unqualified aliens had been
registered to vote. The purpose of his investigation was not to prosecute
improperly-registered voters but to find out if someone was deliberately
signing up unqualified residents. CRLA sued Russoniello on the grounds
that his investigation of Spanish-speaking residents was “invidious discrimination.”
The Ninth Circuit Court of Appeals rejected the argument, ruling that he
was only doing his job.
See Olagues v. Russoniello, 770 F.2d 791 (US App. Ct.) 1985