United States of America v. State of California et al

Filing 124

MOTION for LEAVE to FILE AMICI CURIAE BRIEF by Center for Human Rights and Constitutional Law (and associated parties). Attorney Schey, Peter Anthony added. (Attachments: # 1 Proposed Amicus Curiae Brief, # 2 Proposed Order)(Schey, Peter) Modified on 5/21/2018 (Benson, A.).

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CENTER FOR HUMAN RIGHTS & CONSTITUTIONAL LAW
Peter A. Schey (Cal. Bar No. 58232)
Carlos Holguín (Cal. Bar No. 90754)
256 South Occidental Boulevard
Los Angeles, CA 90057
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Counsel for Proposed Amicus Curiae

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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vs.

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THE STATE OF CALIFORNIA, ET AL.,
Defendants.

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Case No. CV 2:18-cv-490-JAM-KJN
UNOPPOSED MOTION BY LEGAL
SERVICES PROVIDERS FOR
LEAVE TO FILE AN AMICUS
CURIAE BRIEF OPPOSING
PLAINTIFF’S MOTION FOR
PRELIMINARY INJUNCTION
Judge: Hon. John A. Mendez

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Proposed Amici respectfully move this Court for leave to file the attached

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amici curiae brief in opposition to Plaintiff’s motion for Preliminary Injunction.

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Counsel for Proposed Amici conferred with counsel for the parties, who have

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consented to this motion. A proposed Order has been submitted with this motion.

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Proposed Amici Parties

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The proposed Amici are California-based non-profit, tax-exempt organizations

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dedicated to providing free legal services to low-income California residents,
including immigrants and U.S. citizens with immigrant family members. Amici’s
clients are treated by and have obligations to the state of California in accordance

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with the challenged California laws, and the federal Government in accordance with
federal law. Amici combined serve over 200,000 California low-income clients a
year.

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The Center for Human Rights & Constitutional Law is a non-profit, public
interest legal services program dedicated to furthering and protecting the civil,
constitutional, and human rights of immigrants, refugees, children, prisoners, and the

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poor. It provides technical support to non-profit legal services programs throughout
California in the areas of immigration law, constitutional law, and litigation practice.
The Legal Aid Foundation of Los Angeles (“LAFLA”) is a nonprofit that

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provides civil legal aid to poor and low-income people in Los Angeles County.
LAFLA provides services to more than 80,000 low-income people a year, including
many immigrants and families with immigrant members.

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The Legal Aid Society of Orange County provides civil legal services to
seniors and low-income individuals and promotes equal access to the justice system
through advocacy, legal counseling, innovative self-help services, in-depth legal

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2

Legal Services Providers’
Motion for Leave to File Amicus Curiae
2:18-CV-490-JAM-KJN

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representation, economic development and community education. Many of its
clients are immigrants and families with immigrant members.

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El Rescate is a nonprofit organization dedicated to providing a variety of legal
services to those who cannot afford legal aid, including those seeking asylum, U
visas and VAWA visas. El Rescate conducts weekly "charlas" where staff provides

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training to immigrants about their rights and assess whether they may qualify for
legal status. The vast majority of El Rescate’s clients are immigrants.
International Institute of Los Angeles helps families become self-sufficient,

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and promotes cross-cultural understanding by providing childcare, transportation,
immigration legal services, nutrition services and refugee services from over 25
centers and offices throughout southern California.

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Legal Aid Foundation of Santa Barbara County provides legal services in

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order to ensure that low-income persons and seniors have access to the civil justice

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system in times of crisis – to secure safe, habitable shelter, adequate income, and

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protection from domestic violence and elder abuse. Many of its clients are
immigrants and families with immigrant members.
The Public Law Center (PLC) is committed to providing access to justice for

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low-income and vulnerable residents. PLC works with over 1,600 Orange County
lawyers, paralegals, law students and other volunteers annually to provide free civil
legal services, including: counseling, individual representation, community

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3

Legal Services Providers’
Motion for Leave to File Amicus Curiae
2:18-CV-490-JAM-KJN

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education, and strategic litigation and advocacy to challenge societal injustices.
Many of its clients are immigrants and families with immigrant members.

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La Raza Centro Legal is a community-based legal organization dedicated to
empowering Latino, immigrant and low-income communities in the Mission and
throughout the Bay Area, advocating for their civil and human rights. Through its

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grassroots efforts over the last 45 years, La Raza has provided critical life-changing
legal services – at low or no cost. Many of La Raza’s clients are immigrants and
families with immigrant members.

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Non-profit legal services providers are uniquely positioned to provide the
Court with a perspective regarding the U.S. Government’s claims of federal
preemption in this case.

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They will offer a perspective that at an operational and implementation level,
Amici’s clients’ – and their employers’ and police departments’ – compliance with
the challenged state statutes (AB 450, AB 103, and SB 54) does not adversely impact

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on or conflict with Amici’s clients’ – or their employers’ and police departments’ –
compliance with federal immigration law.
DISCLOSURE STATEMENT

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No proposed Amici is owned by any publicly held company.
ARGUMENT
District courts have broad discretion regarding the appointment of an amicus

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curiae. Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). The case before this

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Legal Services Providers’
Motion for Leave to File Amicus Curiae
2:18-CV-490-JAM-KJN

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Court implicates issues of general public interest. Amicus briefs from nonparties are

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regularly allowed when “the amicus has unique information or perspective that can

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help the court beyond the help that the lawyers from the parties are able to provide.”
Nat’l Petrochemical & Refiners Ass’n v. Goldstene, No. CVF10- 163 LJO DLB,
2010 WL 2228471, at *1 (E.D. Cal. June 3, 2010).

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Amici believe the parties will adequately brief the precise textual meanings of
the state and federal laws in question, and the California Attorney General will fully
brief why based upon a textual analysis of AB 450, AB 103 and SB 54, and extant

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federal laws, these state enactments are not preempted.
The proposed Amici seek to share with the Court a different perspective, one
based on how the enactment and implementation of the state and federal laws in

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question impact on the actions, rights, and obligations of legal services low-income
clients, and viewed at this operational level, Amici will show that their clients, and
indeed all California immigrant residents, and their employers, and their local police,

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can comply and are complying with both the challenged California statutes and

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federal law. This fully supports the textual arguments the California Attorney

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General is likely to focus on and supports this Court denying the United States’

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motion for a preliminary injunction.
In the proposed Amici brief, Amici will show that their immigrant clients’
treatment, rights and obligations under AB 450, AB 103, and SB 54, in no way

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Legal Services Providers’
Motion for Leave to File Amicus Curiae
2:18-CV-490-JAM-KJN

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adversely impacts their clients’ treatment, rights and obligations under relevant
federal immigration laws.

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In short, when viewed through a lens focused on the operational level of
implementation of AB 450, AB 103 and SB 54, and of relevant federal immigration
laws, as experienced by those the laws are intended to impact, immigrants and those

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enforcing the state and federal laws regarding these immigrants are in full
compliance with both the challenged state statutes and applicable federal laws.
This strongly indicates federal law does not preempt the challenged California

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statutes.
CONCLUSION

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For the foregoing reasons, Amici respectfully request that the Court grant this

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motion without oral argument and order the Clerk to lodge the proposed amici
curiae brief filed herewith on the docket.

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Dated: May 18, 2018

Respectfully submitted,

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CENTER FOR HUMAN RIGHTS &
CONSTITUTIONAL LAW
Peter A. Schey
Carlos Holguín

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/s/Peter Schey
Attorneys for Proposed Amici

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Legal Services Providers’
Motion for Leave to File Amicus Curiae
2:18-CV-490-JAM-KJN

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CERTIFICATE OF SERVICE
I, Peter Schey, declare and say as follows:

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I am over eighteen years of age and am not a party to this action. I am

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employed in the County of Los Angeles, State of California. My business address is

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256 S. Occidental Blvd., Los Angeles, CA 90057, in said county and state. 


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On May 18, 2018, I electronically filed the following document(s):
• UNOPPOSED MOTION BY LEGAL SERVICES PROVIDERS FOR
LEAVE TO FILE AN AMICUS CURIAE BRIEF OPPOSING
PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

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with the United States District Court, Eastern District of California by using the
CM/ECF system. Participants in the case who are registered CM/ECF users will be

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served by the CM/ECF system.
/s/__Peter Schey_____
Attorneys for Proposed Amici