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

Filing 54

MOTION to Intervene as Amicus Curiae filed by Movant Immigration Equality. (Attachments: # 1 Text of Proposed Order)(Barnard, Brian)

Brian M. Barnard, USB No. 00215
UTAH CIVIL RIGHTS & LIBERTIES
FOUNDATION, INC.
214 East Fifth South Street
Salt Lake City, Utah 84111-3204
Telephone: [phone]
[e-mail]
Alan E. Schoenfeld (pro hac vice pending)
WILMER CUTLER PICKERING
HALE AND DORR LLP
399 Park Avenue
New York, New York 10022
Telephone: [phone]
[e-mail]
Attorneys for Amicus Curiae
Immigration Equality
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
Utah Coalition of La Raza, et al.,
Plaintiffs,
v.
Gary R. Herbert, et al.,
Defendants.

MOTION FOR LEAVE TO
INTERVENE AS AMICUS CURIAE
Case No.: 2:11-CV-401 CW
Judge Clark Waddoups

Immigration Equality respectfully submits this motion for leave to intervene exclusively
for the purpose of submitting an amicus curiae memorandum in support of the plaintiffs in the
above-captioned case.
I. Interest of Amicus
Immigration Equality is a national organization that works to end discrimination in
immigration law against those in the gay, lesbian, bisexual, and transgender (“LGBT”)
community and immigrants who are living with HIV or AIDS. Incorporated in 1994,
Immigration Equality helps those affected by discriminatory practices through education,

outreach, advocacy, and the maintenance of a nationwide resource network and a heavilytrafficked website. Immigration Equality also runs a pro bono asylum program and provides
technical assistance and advice to hundreds of attorneys nationwide on sexual orientation,
transgender, and HIV-based asylum matters.
Immigration Equality is particularly concerned by Utah’s Illegal Immigration
Enforcement Act (“HB 497”), as lesbian and gay United States citizens may not sponsor a
foreign-born same-sex spouse or partner to immigrate lawfully. By recent estimates, nearly 260
such families live in Utah, many with children. HB 497 makes it likely that many of these
families will be torn apart.
II. Reason for Intervention in Order to Submit Amicus Curiae Memorandum
Immigration Equality believes its intervention for the exclusive purpose of filing an
amicus curiae memorandum will assist the Court in understanding the ways in which
enforcement of Utah Ann. Code § 76-10-2901(2)(b)—the Utah alien harboring statute—raises
troubling constitutional issues for binational couples1 living in Utah. Section 76-10-2901(2)(b)
purports to break apart a protected intimate relationship by criminalizing mere cohabitation with
an alien spouse or partner who lacks legal status. Immigration Equality’s clients are particularly
vulnerable to the destructive force of Section 76-10-2901(2)(b) because, as same-sex couples,
sponsorship by the citizen partner for the adjustment of immigration status of the non-citizen
partner to lawful permanent residence is unavailable.
III. Conclusion
For the foregoing reasons, Immigration Equality respectfully requests the Court to grant
leave to intervene for the single purpose of submitting an amicus curiae memorandum.

1

Binational couples are couples in which one partner is a U.S. citizen or permanent
resident, and the other is a foreign national.

Immigration Equality is contemporaneously filing a motion for leave to file its amicus curiae
brief, together with the brief itself. A proposed Order granting this motion is attached.
Dated May 31, 2011

Respectfully submitted,
/s/ Brian M. Barnard
Brian M. Barnard, USB No. 00215
UTAH CIVIL RIGHTS & LIBERTIES
FOUNDATION, INC.
214 East Fifth South Street
Salt Lake City, Utah 84111-3204
Telephone: [phone]
[e-mail]
Alan E. Schoenfeld (pro hac vice pending)
WILMER CUTLER PICKERING
HALE AND DORR LLP
399 Park Avenue
New York, New York 10022
Telephone: [phone]
[e-mail]
Attorneys for Amicus Curiae Immigration Equality

CERTIFICATE OF SERVICE
I hereby certify that on May 31, 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 OFFICE
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
[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 31, 2011

Signed: /s/ Brian M. Barnard