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 19

DECLARATION OF ANTON FLORES
I, Anton Flores, 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 am the Executive Director of Alterna and have served in this capacity since
2006 when I co-founded Alterna.
2. Prior to this, I was employed at LaGrange College, from 1997 to 1999, as an
adjunct instructor of Social Work, and from 1999 to 2006, as an assistant
professor of Social Work and the chair of the Department of Human
Services.
3. Alterna is a faith-based, non-profit organization located in LaGrange,
Georgia, and provides a variety of social services, primarily to the Latino
immigrant community. Guided by biblical teachings to love our neighbors
and care for the marginalized and the vulnerable among us, Alterna defines
its work in three broad categories: providing accompaniment, advocacy, and
hospitality to and on behalf of those who are in need.
4. Our services and programs include: crisis intervention case management for
families and individuals experiencing legal, medical, employment, or
family-related crises; accompanying our clients to medical, government, or
1

school appointments as necessary; accompanying our clients to
appointments to apply for public benefits such as food stamps (SNAP),
income verification and Medicaid; English language classes and community
education on various issues; a housing facility near the Stewart Detention
Center in Lumpkin, Georgia, to provide accommodation for families and
friends visiting detainees; transitional housing for families and individuals
experiencing life emergencies and at risk of homelessness; advocacy for
immigrants’ rights; monitoring the detention of immigrants; and educational
trips to Guatemala with a focus on social justice. We also organize a variety
of events such as humanitarian visitations to immigration detention centers
by local churches, vigils at detention centers, community forums, and an
annual holy week pilgrimage for immigrants, which draws about 900
participants from across the state.
5. Besides myself, there is currently one volunteer staff member and several
other occasional volunteers working at Alterna. We do not check the
immigration status of our clients, and therefore do not have an exact figure,
but many members of the community we serve and many of our clients are
undocumented immigrants.

2

6. As a faith-based organization, we are very concerned that the
implementation of HB 87 will directly oppose and infringe on our right to
express our religious beliefs to welcome and care for everyone in our
community regardless of their status. For example, we are specifically
called to care for those who are hungry, imprisoned, or strangers among us
(Mathew 25). However, under HB 87, instead of being able to freely
practice our religious calling, we will be forced to wrestle with the new law
that contradicts the mandates of our faith tradition as well as having to fear
religious persecution and social pressures because of our programs and
activities.
7. Our work will be significantly and negatively impacted by HB 87 in several
ways. Staff at Alterna, including myself, regularly accompany and drive our
clients (at least five times a week), most of whom are likely to be
undocumented immigrants (due to our demographics), to court, hospitals, or
school appointments. While driving clients to these appointments, I, and my
staff, have been stopped by the police for minor traffic violations or
warnings, and this is always a possibility in the future. Under HB 87, this
fundamental service we provide to our clients may become a criminal
offense. Moreover, we provide transitional housing to families and
3

individuals experiencing temporary hardships without inquiring about their
legal status, and we encourage families of those in immigration detention at
the Stewart Detention Center in Lumpkin, Georgia, to stay in our nearby
housing facility. Families can come from anywhere in the United States,
including outside of Georgia, to stay with us as they visit their loved ones.
We do not check the immigration status of families seeking to stay at our
housing facility, nor will we in the future. Under the new law, we will either
be prevented from continuing to offer these important services or face
potential criminal liability.
8. Our clients and the members of the community we serve will also be
detrimentally impacted by the new law. Many members of our Latino
immigrant community, including undocumented and documented
immigrants as well as U.S. citizens, have expressed fear and apprehension
about the enforcement of HB 87. Many of them are limiting their
participation in activities that require driving in the state, even if they may
be U.S. citizens or otherwise possess the required documentation, because of
the fear that they will be racially profiled or harassed by law enforcement
under the new law. We have witnessed an immediate and drastic decrease in
attendance at our English language classes since HB 87 was signed into law,
4

and Alterna has had to cancel classes because attendance has dropped off.
Individuals who could greatly benefit from these classes, which offer
language instruction and other resources for successful integration into the
U.S. society, are being prevented from receiving these helpful opportunities
out of fear that they will be apprehended, or detained and investigated by
law enforcement because they cannot produce the required documents even
if they maintain legal status in the United States. I also know some families
and individuals who have chosen or are considering relocation to a different
part of the United States or their home country because of HB 87. This kind
of trend will certainly produce an economic impact for the whole
neighborhood as businesses close and the workforce grows smaller.
9. This is an understandable response from the community in light of the
extensive history of discriminatory treatment of individuals who look or
sound Latino in the neighborhood. For example, in 2009, 194 roadblocks
were set up by the police in LaGrange, and a disproportionate number of
Latino drivers were stopped, investigated, or arrested. Informal
conversations with Caucasian members of our community have revealed that
they are regularly waived through the roadblocks without being stopped.
However, I have not met a single Latino individual who has been similarly
5

waived through a roadblock inspection. Based on a three month FOIA
request to the La Grange Police department, immigrants in LaGrange paid
nearly $35,000 in fines for driving without a license in just that quarter
alone, a disproportionate contribution from a group making up only about 510% of LaGrange’s total population. In light of this history of racial
profiling, and the fear that they will be stopped, detained, and harassed to an
even greater degree if HB 87 is allowed to take effect, the Latino members
of our community are likely to limit their attendance at events organized by
Alterna significantly.
10. I have witnessed another dramatic reflection of the fear and apprehension
felt by the community about the looming implementation of HB 87 during
my accompaniment of a client to a local court a few days ago. Once a
month the court holds what is called Interpreters Arraignments for nonEnglish speaking members of the community. During that single day,
approximately 50% of defendants, many of whom I gathered to be Latino
immigrants because of their surnames and because of their need for an
interpreter, failed to appear in court, and bench warrants were issued for
them. I have never seen such a high rate of absenteeism in the many years
that I have accompanied individuals to this court. It is deeply troubling to
6

see that the new law is fostering a deep sense of distrust and fear of the
police as well as the court system and leading people to avoid contact with
them as much as possible. This will inevitably result in a less safe
community for all because people will be afraid to report crimes or
otherwise work with the law enforcement institutions.
11. In fact, I know a Latino individual who had been a victim of a violent crime
on two different occasions and courageously chose to report the incidents to
the police. However, even though the individual was eligible to apply for a
U-Visa as a crime victim, the police refused to provide him the victim
certification, which is a necessary document for the U-Visa application. In
the Atlanta Journal Constitution, the local police chief had expressed his
view that he would refuse such requests because immigrants could
manipulate and abuse the process. These kinds of experiences send a clear
message to the members of our community that they cannot trust the police.
Even though this event happened prior to the adoption of HB 87, such events
are only likely to become more common with its implementation.
12. It is difficult to see how this kind of atmosphere of mistrust will foster
cooperation with the police and ultimately, a safer neighborhood for all, or
why public safety should not be a higher priority of the local law
7

enforcement agencies. If people cannot trust the police, criminal elements
are likely to increase and jeopardize the safety for all of us in the
neighborhood.
13. I am also deeply concerned about the future of Alterna. I have no doubt that
we will continue to serve an important need in our community, and that we
will find a way to fulfill our mission. However, HB 87 has already had a
profound impact on our ability to provide the services as I described above.
This is true both because many of our clients are increasingly fearful to
attend our programming and events and are choosing to leave the state.
And, when they do attend, we have to deal with the community’s fears of
HB 87 before we can get to our actual objective—like ESL instruction or
accompanying our clients to attend appointments. If HB 87 goes into effect,
Alterna will continue to be harmed by the law, though we will always
continue to struggle to help our clients.
I declare under penalty of perjury that the foregoing is true and correct.
EXECUTED this 1st day of June, 2011 in LaGrange, GA.

________________________________
Anton Flores
8