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Resolution
TO SERVE AN AMICUS CURIA
(FRIEND OF THE COURT) BRIEF TO SUPPORT
DEPORTABLE ALIENS’ RIGHTS
WHEREAS the League of United
Latin American Citizens is dedicated to the
preservation of the civil rights of all Latinos
including their right to be free from government
oppression whether or not they are citizens of
the United States; and
WHEREAS, within
federal criminal justice system, a convicted
alien generally serves approximately eighteen
months longer in actual incarceration merely
because of his deportability; and
WHEREAS, more
specifically, a deportable alien is not allowed
by the federal Bureau of Prisons to participate
in the Residential Drug Abuse Program most often
results in a twelve month reduction in an
inmate’s sentencing; and
WHEREAS also
more specifically, a deportable alien is now
allowed to spend the last six months of his
sentence in a community provision program, such
as a halfway house or on home confinement,
simply because of his impending deportation;
and
WHEREAS, when
the United States Supreme Court held that all
persons within the territory of the United
States, including aliens unlawfully present, may
invoke the fifth and Sixth Amendments of the
United States Constitution to challenge actions
of the Federal Government, the court thereby
confirmed that the Bill of Rights was designed
to afford its protection to all within the
boundaries of a state (Wong Wing vs. United
States, 163 U.S. 228 (1896); and
WHEREAS, the
United States Supreme Court has similarly held
that the Fourteenth Amendment to the
Constitution is not limited to the protection of
citizens and that its guarantees) including
equal protection under the law) are universal in
their application applying to all persons within
the territorial jurisdiction, without regard to
any differences of race, of color, or of
nationality (Yick Wo vs. Hopkins, 118 U.S. 356
(1886; and
WHEREAS, the
United States Supreme Court has also held that
“Aliens who have once passed through our gates,
even illegally, may be expelled only proceedings
confirming the traditional standards of fairness
encompassed in due process of law.” (Plyer vs.
Doe, 457 U.S. 202, 219 *1982); and
WHEREAS, there
is no compelling governmental interst in the
disparate punishment applied to a deportable
alien sufficient to override the safeguards of
the Equal Protection Clause of the
Constitution.
NOW THEREFORE, BE IT
RESOLVED that any attorney acting in an
official capacity on behalf of the League of
United Latin American Citizens be authorized to
file an amicus curia brief in support of any
deportable alien’s argument to any federal court
that the collateral consequences of his status
(i.e. that he serve up to eighteen months on
actual incarceration longer than a citizen or
non-deportable alien) is a violation of the
United States Constitution’s guarantee of equal
treatment under the law.
Submitted by LULAC Concilio
Zapatista *4383, District XV, San Antonio,
Texas,
Concilio Zapatista #4383
Gilberto Castro
President,
LULAC Concilio Zapatista #4383
Adopted this 10th day of July
2004.
Hector M. Flores
LULAC National President |
