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

MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
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

MEMORANDUM OF POINTS AND AUTHORITIES
The organizations filing the Proposed Brief (collectively “Amici”) represent a wide
variety of communities of color, faith, and of individuals, all united in pursuit of tolerance
and equality. They request leave to file the Amicus Curiae brief in support of Plaintiff’s
Motion for Preliminary Injunction (Docket Number 36), which was filed on May 6, 2011.
Amici’s Proposed Brief, which is lodged concurrently with this Motion, addresses actual
harms that will result from enforcement of HB 497’s provisions.
I.

INTERESTS OF AMICI
As shown here and in Exhibit 1 to this Memorandum of Law,1 the organizations filing

this Motion have a unique perspective on harms to communities of color that would ensue
from discriminatory treatment. This litigation is of immense importance not only within the
boundaries of Utah, but may shape future decisions regarding immigration issues in other
states and localities nationwide. As the legal topics covered in this case have ramifications
that extend beyond the present case itself, the organizations filing this Motion request leave
to file the proposed brief, which they firmly believe will provide further critical insight
beyond that of which parties and counsel can otherwise provide.
Amici represent a diverse group of organizations and individuals. All of the groups
represented pursue a united mission for the equal treatment of individuals regardless of skin
color. Amici have a combined interest in enjoining the enforcement of HB 497 because of
the devastating effect that the statute has on all people, regardless of immigration status, who
may appear “foreign” in any way, and because of the potential the statute has to subject these
individuals to investigation and detention by law enforcement officials on those grounds.
The Asian American Justice Center (“AAJC”), a member of the Asian American

1

Exhibit 1 to this Memorandum of Law is fully incorporated herein and further describes
the individual organizations filing this Motion.
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Center for Advancing Justice, is a national non-profit, non-partistan organization working to
advance the human and civil rights of Asian Americans and build and promote a fair and
equitable society for all.
The following organizations have expressed support as fellow amici for the Proposed
Brief: 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
II. AMICI’S PARTICIPATION IS RELEVANT AND ESSENTIAL
Amici’s Proposed Brief is relevant because it presents empirical information
highlighting the harmful effects that enforcement of such legislation will have not only on
minorities within Utah, but on the community as a whole. The enforcement of HB 497’s
provisions will disproportionately affect communities of color by promoting a policy of racial
profiling and corroding public safety within the state by severing bonds of trust between law
enforcement and communities of color. Amici’s Proposed Brief places HB 497 in
perspective alongside other laws that have been struck down because their application
disparately impacted certain minority groups. Amici’s brief also brings to attention the
disparate harms that will befall communities of color, including increased risk of racial

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profiling due to lack of training of local law enforcement on immigration enforcement
matters and the chilling effect HB 497 will have on public safety within Utah. The Proposed
Brief also addresses HB 497 within a historical context highlighting Supreme Court decisions
striking down or refusing to apply statutes aimed at excluding minority groups from the rights
of the majority. Such arguments and data have not been fully included in Plaintiffs’ Motion
for Preliminary Injunction but they support a conclusion of irreparable harm.
III.

CONCLUSION
For the foregoing reasons, Amici respectfully request leave to file their Proposed

Amicus Curiae Brief.
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
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[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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