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

Filing 70

MOTION for Joinder in Brief of United Mexican States as Amicus Curiae in Support of Plaintiffs filed by Movants Government of Argentina, Government of Brazil, Government of Chile, Government of Columbia, Government of Costa Rica, Government of Ecuador, Government of El Salvador, Government of Guatemala, Government of Honduras, Government of Nicaragua, Government of Paraguay, Government of Peru, Government of Uruguay. (Attachments: # 1 Text of Proposed Order)(Jenkins, Lon)

Lon A. Jenkins (USB #4060)
JONES WALDO HOLBROOK & McDONOUGH PC
170 South Main Street, Suite 1500
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Henry L. Solano*
Carla Gorniak*
Christopher R. Clark*
DEWEY & LeBOEUF
1301 Avenue of the Americas
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
*Application for admission pro hac vice forthcoming.
Attorneys for Amicus Curiae

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

UTAH COALITION OF LA RAZA, et al.
Plaintiff,
v.

MOTION FOR LEAVE TO JOIN
BRIEF OF THE UNITED
MEXICAN STATES AS
AMICUS CURIAE IN SUPPORT OF
PLAINTIFFS

GARY HERBERT, et al.
Case No. 2:11-cv-00401 BCW
Defendant.
The Governments of Argentina, Brazil, Chile, Columbia, Costa Rica, Ecuador, El
Salvador, Guatemala, Honduras, Nicaragua, Paraguay, Peru and Uruguay (collectively, the
“Governments”) respectfully file this motion for leave of Court to join the amicus curiae brief

980681.1

filed by the United Mexican States (“Mexico”) on June 6, 2011, expressing grave concerns over
The Illegal Immigration Enforcement Act, Utah House Bill 497 (“HB 497”) and underscoring
the importance of preliminarily enjoining HB 497 and declaring it unconstitutional in its entirety.
Mexico and the Governments share a commonality of interests – differing not in
substance, but merely in proportionality and degree of impact – with regard to HB 497. Similar
to Mexico, the Governments have a substantial and compelling interest in ensuring that their
respective bilateral diplomatic relations with the government of the United States of America
(“United States” or “U.S.”) are transparent, consistent and reliable, and not frustrated by the
actions of individual U.S. states; in this case Utah. As with U.S.–Mexico relations, HB 497
raises substantial challenges to the bilateral economic, immigration and security policies of the
United States and the Governments.
Furthermore, the Governments have a substantial and compelling interest to ensure that
their citizens are accorded human and civil rights when present in the United States in
accordance with international treaties, the U.S. Constitution, and federal immigration law. Like
Mexico, the Governments are gravely concerned that HB 497 will lead to racial profiling and
disparate treatment of their nationals. Accordingly, the Governments have a substantial and
compelling interest to ensure that the ethnicity of their citizens is not used as basis for statesanctioned acts of discrimination.
As such, the Governments have a compelling interest in seeing that HB 497 be
preliminarily enjoined and declared unconstitutional in its entirety.

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DATED this 7th day of June, 2011.
JONES WALDO HOLBROOK & MCDONOUGH
/s/ Lon A. Jenkins
Lon A. Jenkins (USB #4060)
DEWEY & LEBOEUF
Henry L. Solano
Carla Gorniak
Christopher R. Clark
Attorneys for Amicus Curiae

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980681.1

CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of June 2011, I electronically filed the foregoing
MOTION FOR LEAVE TO JOIN BRIEF OF THE UNITED MEXICAN STATES AS
AMICUS CURIAE IN SUPPORT OF PLAINTIFFS with the Clerk of the Court using the
CM/ECF system, which sent notification to the following:

Darcy M. Goddard
ACLU OF UTAH
355 N 300 W STE 1
SALT LAKE CITY, UT 84103
[phone]
Email: [e-mail]

Linton Joaquin
NATIONAL IMMIGRATION LAW
CENTER
3435 WILSHIRE BLVD STE 2850
LOS ANGELES, CA 90010
[phone] EXT. 112

Andre Segura
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
125 BROAD ST 18TH FLOOR
NEW YORK, NY 10004
[phone]

Melissa S. Keaney
THE NATIONAL IMMIGRATION
LAW CENTER
3435 WILSHIRE BLVD STE 2850
LOS ANGELES, CA 90010
[phone] EXT. 120

Bradley Phillips
MUNGER TOLLES & OLSON LLP
355 SOUTH GRAND AVE 35TH FL
LOS ANGELES, CA 90071

Omar Jadwat
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
125 BROAD ST 18TH FLOOR
NEW YORK, NY 10004
[phone]

Elora Mukherjee
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
RACIAL JUSTICE PROGRAM
125 BROAD ST 18TH FLOOR
NEW YORK, NY 10004

Shiu-Ming Cheer
THE NATIONAL IMMIGRATION
LAW CENTER
3435 WILSHIRE BLVD STE 2850
LOS ANGELES, CA 90010
[phone] EXT. 133

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Esperanza Granados
1 of 20
355 N 300 W
SALT LAKE CITY, UT 84103
801-521-9862 ext. 113
Email: [e-mail]

Cecillia Wang
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
IMMIGRANTS’ RIGHTS PROJECT
39 DRUMM ST
SAN FRANCISCO, CA 94111
[phone]

Karen Tumlin
THE NATIONAL IMMIGRATION
LAW CENTER
3435 WILSHIRE BLVD STE 2850
LOS ANGELES, CA 90010
[phone] EXT. 110

Jerrold S. Jensen
UTAH ATTORNEY GENERAL’S
OFFICE (160-140857)
160 E 300 S
PO BOX 140857
SALT LAKE CITY, UT 84114-0857
[phone]
Email: [e-mail]

Katherine Desormeau
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION (SF)
IMMIGRANT’S RIGHTS PROJECT
39 DRUMM ST
SAN FRANCISCO, CA 94111
[phone]

Thomas D. Roberts
UTAH ATTORNEY GENERAL’S
OFFICE (160-140857)
160 E 300 S
PO BOX 140857
SALT LAKE CITY, UT 84114-0857
[phone]
Email: [e-mail]

/s/

Lon A. Jenkins

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