*Amicus Briefs-Federal Preemption in Immigration Law

Friendly House Et Al., V. Michael B. Whiting Et Al., (June 11 2010) United States District Court Arizona. Legal Momentum, recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center (represented by Manatt, Phelps, and Phillips) to organize a brief articulating immigrant women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish.
Topics addressed in this Amicus Brief:

  • SB 1070 Interferes with Federal Protections for Immigrant Women who are Victims of Crime…………………………… 3
  • Immigrant Women Face Particular Challenges That Make Them Uniquely Susceptible to Crime and Other Abuse. …………………………………. 3
  • SB 1070 Cuts Immigrant Women Off from Critical Public Services Provided by Federal Law…………………………………. 10
  • SB 1070 Will Increase Detentions of Immigrant Mothers and will Harm Arizona’s Children Through Mother Child Separations ……………………… 12

United States v. State of Arizona and Janice K. Brewer Governor, (September 30 2010) United States Court of Appeals for the 9th Circuit. Legal Momentum, represented by Manatt, Phelps, and Phillips, submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access to programs and services necessary to protect life and safety and public health and will be extremely harmful to immigrant families from family separations forced by local law enforcement mandates to enforce federal immigration laws. This amicus brief was joined by 90 organizations working to help immigrant women and immigrant victims of violence against women.

Topics addressed in this Amicus Brief:

  • SB 1070, as Written, Interferes with Federal Protections for Immigrant Women Who Are Victims of Crime…………6
  • Immigrant Women Face Particular Challenges That Make Them Uniquely Susceptible to Crime and Other Abuse…………….6
  • SB 1070 Would Cut Immigrant Women Off from Critical Public Services Provided by Federal Law………………………….22
  • SB 1070 Would Increase Detentions of Immigrant Mothers and Will Harm Arizona’s Children Through Mother-Child Separations…………………..26