Utah Coalition of La Raza et al v. Herbert et al

Filing 51

MOTION for Leave to File Amicus Curiae Brief filed by Movant Asian American Justice Center. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Leave to File Amicus Curiae Brief, # 2 Exhibit, # 3 Text of Proposed Order)(Marsden, Milo)

Milo Steven Marsden (# 4879)
DORSEY & WHITNEY LLP
136 South Main Street, Suite 1000
Salt Lake City, Utah 84101-1685
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Sarah K. Shaholli*
Katherine J. Santon*
DORSEY & WHITNEY LLP
38 Technology Dr., Ste. 100
Irvine, CA 92618
Tel: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Amicus Curiae ASIAN AMERICAN JUSTICE CENTER
a member of the Asian American Center for Advancing Justice
*Pro hac vice motion pending

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

Utah Coalition of La Raza; Service
Employees International Union; Workers’
United Rocky Mountain Joint Board; Centro
Civico Mexicano; Coalition of Utah
Progressives; Latin American Chamber of
Commerce; Salt Lake City Brown Berets;
Jane Doe #1; John Doe #1; Milton Ivan
Salazar-Gomez; Eliana Larios; Alicia
Cervantes; John Doe #2
Plaintiffs.
v.
Gary R. Herbert, Governor of the State of
Utah, in his official capacity; Mark Shurtleff,
Attorney General of the State of Utah, in his
official capacity,
Defendants.

Case No. 2:11-cv-00401-BCW

MOTION OF THE ASIAN AMERICAN
JUSTICE CENTER AND OTHER AMICI
CURIAE FOR LEAVE TO FILE AMICI
CURIAE BRIEF IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Twenty-two non-profit organizations respectfully move pursuant to Fed. R. Civ. P. 7
and Local Rule 7.1 for leave of this Court to file their proposed amici curiae brief (the
“Proposed Brief”), lodged with the Court concurrently herewith, in support of Plaintiff’s
Motion for Preliminary injunction to bar enforcement of Utah’s Illegal Immigration
Enforcement Act. (Docket Number 36). The organizations filing this Motion are the Asian
American Justice Center, joined by Arab Community Center for Economic and Social
Services, Asian American Institute, Asian Law Caucus, Asian Pacific American Labor
Alliance AFL-CIO, Asian Pacific American Legal Center, Coalition for Humane Immigrant
Rights of Los Angeles, Comunidades Unidas, Heartland Alliance’s National Immigrant
Justice Center, Inclusion Center for Community and Justice, Lawyers’ Committee for Civil
Rights Under Law, Japanese American Citizens League, National Asian Pacific American
Bar Association, National Asian Pacific American Women’s Forum, National Council of La
Raza, National Guestworker Alliance, National Korean American Service & Education
Consortium, National Tongan American Society, New Orleans Workers’ Center for Racial
Justice, Organization of Chinese Americans, Rights Working Group, and South Asian
Americans Leading Together.
The Proposed Brief presents issues not directly addressed in Plaintiffs’ Motion for
Preliminary Injunction, chiefly from the viewpoint of communities of color who will face
significant harm from HB 497’s enforcement. The substance of the Proposed Brief highlights
the adverse effects that enforcement of HB 497 will inevitably impart on communities of
color, demonstrating how the law will unfairly target and disproportionately affect them.
Persons of color, whether documented or undocumented, will suffer a
disproportionate impact from HB 497’s provisions requiring local law enforcement officials

to investigate and detain persons based on a “reasonable suspicion” that the person may be
undocumented. The provisions of HB 497 invite a policy of racial-profiling that unfairly
target minorities on the grounds of race, ethnicity, accent, English-speaking ability, customs
and/or external mannerisms. HB 497 also diminishes community trust in law enforcement
officials. Fearing that every encounter with authorities will lead to interrogation about their
immigration status and possible detention, immigrants, non-residents, and people of color
will hesitate to contact authorities with information about crimes committed against them or
crimes they witnessed. Finally, HB 497 detracts from the progress the United States, and
particularly Utah, has made in the last century toward civil rights and increased integration of
communities. HB 497 also violates United States Supreme Court precedent that facially
neutral laws can be unconstitutional if they disparately impact minorities.
The basis for this application is set forth in this Motion, the concurrently filed
Memorandum of Law in support thereof, and the Proposed Brief concurrently lodged with
this Motion.

DATED: May 27, 2011

Respectfully submitted,
DORSEY & WHITNEY LLP
By: /s/ Milo Steven Marsden
Milo Steven Marsden
Sarah K. Shaholli
Katherine J. Santon
Attorneys for Amicus Curiae ASIAN
AMERICAN JUSTICE CENTER

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CERTIFICATE OF SERVICE
I hereby certify that on May 27, 2011, I electronically transmitted the attached
document to the Clerk’s Office using the CM/ECF System for filing, and transmittal of a
Notice of Electronic Filing to the following ECF registrants:
UTAH ATTORNEY GENERAL’S
Jerrold S. Jensen
[e-mail]
Thomas D. Roberts
[e-mail]
OFFICE (160-140857)
160 E 300 S
P.O. BOX 140857
SALT LAKE CITY, UT 84114-0857
[phone]
Attorneys for State Defendants Gary R. Herbert and Mark Shurtleff
ACLU OF UTAH
Darcy M. Goddard
[e-mail]
355 N 300 W STE 1
SALT LAKE CITY, UT 84103
[phone]
Attorneys for Plaintiffs Centro Civico Mexicano, Coalition of Utah Progressives, Latin
American Chamber of Commerce, Salt Lake City Brown Berets, Service Employees
International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint
Board, Alicia Cervantes, Eliana Larios, and Milton Ivan Salazar-Gomex
NATIONAL IMMIGRATION LAW CENTER
Linton Joaquin
[e-mail]
Karen C. Tumlin
[e-mail]
Shiu-Ming Cheer
[e-mail]
Melissa S. Keaney
[e-mail]
3435 WILSHIRE BLVD STE 2850
LOS ANGELES, CA 90010
[phone]
Attorneys for Plaintiffs Centro Civico Mexicano, Coalition of Utah Progressives, Latin
American Chamber of Commerce, Salt Lake City Brown Berets, Service Employees
International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint
Board, Alicia Cervantes, Eliana Larios, and Milton Ivan Salazar-Gomex
AMERICAN CIVIL LIBERTIES UNION FOUNDATION (NY)
Omar C. Jadwat
-1-

[e-mail]
Andre Segura
[e-mail]
Elora Mukherjee
[e-mail]
125 BROAD ST 18TH FL
NEW YORK, NY 10004
[phone]
Attorneys for Plaintiffs Centro Civico Mexicano, Coalition of Utah Progressives, Latin
American Chamber of Commerce, Salt Lake City Brown Berets, Service Employees
International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint
Board, Alicia Cervantes, Eliana Larios, and Milton Ivan Salazar-Gomex
AMERICAN CIVIL LIBERTIES UNION FOUNDATION (SF)
Cecillia D. Wang
[e-mail]
Katherine Desormeau
[e-mail]
39 DRUMM ST
SAN FRANCISCO, CA 94111
[phone]
Attorneys for Plaintiffs Centro Civico Mexicano, Coalition of Utah Progressives, Latin
American Chamber of Commerce, Salt Lake City Brown Berets, Service Employees
International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint
Board, Alicia Cervantes, Eliana Larios, and Milton Ivan Salazar-Gomex
Esperanza Granados
355 N 300 W
SALT LAKE CITY, UT 84103
801-521-9862 ext. 113
[e-mail]
Attorneys for Plaintiffs Centro Civico Mexicano, Coalition of Utah Progressives, Latin
American Chamber of Commerce, Salt Lake City Brown Berets, Service Employees
International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint
Board, Alicia Cervantes, Eliana Larios, and Milton Ivan Salazar-Gomex
MUNGER TOLLES & OLSON LLP
Bradley S. Phillips
[e-mail]
355 S GRAND AVE STE 3500
LOS ANGELES, CA 90071-1560
[phone]
Attorneys for Plaintiffs Centro Civico Mexicano, Coalition of Utah Progressives, Latin
American Chamber of Commerce, Salt Lake City Brown Berets, Service Employees
International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint
Board, Alicia Cervantes, Eliana Larios, and Milton Ivan Salazar-Gomex
Dated: May 27, 2011

Signed: /s/ Katherine J. Santon
Katherine J. Santon
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