Georgia Latino Alliance for Human Rights et al v. Deal et al

Filing 29

MOTION for Preliminary Injunction with Brief In Support by Alterna, Asian American Legal Advocacy Center, Paul Bridges, Coalition for the People's Agenda, Coalition of Latino Leaders, DREAM Activist.org, Jane Doe # 1, John Doe # 1, Jane Doe # 2, John Doe # 2, Paul J. Edwards, Georgia Latino Alliance for Human Rights, Sharon Gruner, Everitt Howe, Instituto de Mexico, Inc. of Atlanta, Ernesto Pinon, Service Employees International Union, Jaypaul Singh, Southern Regional Joint Board of Workers' United, Benjamin Speight, Task Force for the Homeless. (Attachments: # 1 Brief Memorandum in Support of Motion for Preliminary Injunction, # 2 Index of Exhibits, # 3 Exhibit Exhibit 1 Georgia House Bill 87, # 4 Exhibit Exhibit 2 Declaration of Abraham F. Lowenthal, # 5 Exhibit Exhibit 3 Declaration of Jane Doe 2, # 6 Exhibit Exhibit 4 Declaration of David S. Kennedy, Jr., # 7 Exhibit Exhibit 5 Declaration of Paul Bridges, # 8 Exhibit Exhibit 6 Declaration of Benjamin Speight, # 9 Exhibit Exhibit 7 Declaration of Everitt Howe, # 10 Exhibit Exhibit 8 Declaration of Paul C. Edwards, Jr., # 11 Exhibit Exhibit 9 Declaration of Sharon Gruner, # 12 Exhibit Exhibit 10 Declaration of Jane Doe 1, # 13 Exhibit Exhibit 11 Declaration of George Gascon, # 14 Exhibit Exhibit 12 Declaration of Eduardo Gonzalez, # 15 Exhibit Exhibit 13 Declaration of Lewis Smith, # 16 Exhibit Exhibit 14 Declaration of Ernesto Pion, # 17 Exhibit Exhibit 15 Declaration of Jaypaul Singh, # 18 Exhibit Exhibit 16 Declaration of John Doe 1, # 19 Exhibit Exhibit 17 Declaration of John Doe 2, # 20 Exhibit Exhibit 18 Declaration of Silvia America Gruner, # 21 Exhibit Exhibit 19 Declaration of Anton Flores, # 22 Exhibit Exhibit 20 Declaration of Adelina C. Nicholls, # 23 Exhibit Exhibit 21 Declaration of Anita Beaty, # 24 Exhibit Exhibit 22 Declaration of Helen Kim Ho, # 25 Exhibit Exhibit 23 Declaration of Mohammad Abdollahi Ali-Beik, # 26 Exhibit Exhibit 24 Declaration of Eliseo Medina, # 27 Exhibit Exhibit 25 Declaration of Harris Raynor, # 28 Exhibit Exhibit 26 Declaration of Gabriela Gonzalez-Lamberson, # 29 Exhibit Exhibit 27 Declaration of Molly Lauterback and Exhibits A through F, # 30 Exhibit Exhibit 28 Exhibits G through J for Declaration of Molly Lauterback, # 31 Exhibit Exhibit 29 Exhibits K through M for Declaration of Molly Lauterback, # 32 Text of Proposed Order Proposed Order Granting Motion for Preliminary Injunction)(Lapointe, Michelle) (Attachment 20 replaced on 6/10/2011) (dgs). (Attachment 29 replaced on 6/10/2011) (dgs).

EXHIBIT 8

DECLARATION OF PAUL C. EDWARDS, JR.
I, Paul C. Edwards, Jr., hereby declare:
I make this declaration based on my personal knowledge, and if called to testify I
could and would do so competently as follows.
1. I was born in Oceanport, New Jersey, in 1970. I am a United States citizen.
I have lived in Georgia since 1981, and I currently reside in Cobb County.
2. I have a Georgia driver’s license. My driver’s license was issued in 2007.
3. I am a Christian, and as such, I strongly believe in providing help to all
individuals in my community regardless of their immigration status. My
religious beliefs encourage actions that will be labeled as criminal offenses if
HB 87 is allowed to take effect.
4. As a part of my religious commitment, I transport people to places of
worship and to locations which provide medical assistance. I understand
that some of the people I transport lack immigration status. When
transporting individuals, I have on occasion exceeded the speed limit to
arrive on time, and I have had a tail light in the vehicle I was driving burn
out. In the future, I could be charged with a crime under HB 87 for my
transporting activities. To the best of my memory, my last speeding citation
was September / October 2008. I also had car-related citations in June 2008
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for speeding, January 2006 for an improper turn, December 2005 for a
traffic signal violation, and August 2002 for speeding. I have had other
citations previous to 2002 and had citations while driving a motorcycle as
well.
5. I am a board member of Alterna, Inc., a 501(c)3 non-profit ministry based
here in Georgia that offers direct services to the Latino immigrant
community. On a regular basis, members of Alterna transport immigrants to
appointments to places like a doctor's office, court, and their children's
school. Alterna has offered transitional housing to immigrants in crisis and
has recently launched El Refugio, a house located outside the Stewart
Detention Center where we welcome the stranger who is visiting a loved one
detained for deportation proceedings. I am not only a board member but an
active volunteer, particularly at El Refugio. Could these acts of faith,
hospitality, and conscience be considered unlawful acts of harboring under
HB87? I also independently advertise my availability to transport
individuals in need. The advertisement of my services is mostly by word of
mouth. Usually, individuals within the community approach me when they
need transportation. Under HB 87, these actions could be considered
assisting, transporting, and harboring undocumented individuals in the state
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of Georgia, which would make me liable for providing assistance to these
members of the community.
6. HB 87 creates a dire problem for me. As a Christian, I am supposed to help
other members of the community, particularly those who are poor,
marginalized, ill, a stranger from another land, and/or suffering. For
example, see The Holy Bible, Book of Mathew 25:31-46. My motivation to
transport individuals in need is strongly guided by my religious beliefs.
HB 87 transforms these actions into a violation of Georgia laws thus making
me susceptible to a charge of a misdemeanor or a felony.
7. Individuals in my community have been afraid to drive since the adoption of
the 287(g) program by Cobb County in February 2007. They, thus, rely
heavily on my ability to transport them in order to attend religious services
and non-emergency medical services. If HB 87 goes into effect, individuals
in the community will be even more afraid to drive, and I will be criminally
liable for helping these individuals and following my religious beliefs.
Without my help, these individuals may not be able to attain transportation
and be denied religious practice and non-emergency medical care.
8. I have friends who I know are undocumented, with whom I partake in social
activities such as dinner. These activities would be impaired by HB 87
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