Case Sheets: Rights of Immigrants - Rhode Island Affiliate, ACLU (American Civil LIberties Union)

THE RHODE ISLAND ACLU AND THE RIGHTS OF IMMIGRANTS

The American Civil Liberties Union is actively dedicated to vindicating the Statue of Liberty’s invitation by advocating for the rights of immigrants. In recent years particularly, this has become an area of significant activity by the Rhode Island Affiliate. Listed below are some cases relating to the rights of immigrants in which the Rhode Island chapter has been involved over the years.

1981: Nason v. North Smithfield -- Successful federal lawsuit challenging town decision to prohibit a couple from attending, participating in, or voting at financial town meeting because of the couple’s status as resident aliens; after suit was filed, the town agreed to let them participate.

1989: In re Harrison Jiedeuh -- Successful petition for political asylum filed with the INS on behalf of a Liberian journalist who fled to this country after being threatened with harm by Liberian Officials; an immigration judge granted the petition.

1990: Yang v. Sturner -- Favorably settled federal lawsuit on behalf of a family whose son was autopsied against their religious beliefs; this case was cited by Congress in passing the Religious Freedom Restoration Act.

1991: Cambodian Society of R.I. v. Town of West Warwick -- Successful federal lawsuit challenging a town's decision to cancel a Cambodian group's use of Civic Center based on fears of possible violence at the event.

1999: Hermanowski v. Farquharson -- This was the first of a number of successful cases handled by the Affiliate challenging, on due process grounds, the indefinite detention by the INS of lawful permanent residents awaiting deportation.

2000: State v. Awad -- “Friend of the court” brief supporting the right of a criminal defendant to withdraw his nolo plea to a misdemeanor offense because he was not informed that the consequences of such a plea would be deportation.

2001: Garcia-Nunez v. Reno -- Successful habeas corpus petition filed on behalf of an immigrant facing mandatory deportation for a criminal offense committed before the federal law requiring such deportation was enacted.

2001: Vieira-Garcia v. Immigration and Naturalization Service -- “Friend of the court” brief on behalf of a juvenile facing automatic deportation after being found guilty of an offense in adult state court, where the offense would have qualified only as delinquency under federal law.

2001: In re: Ang Souvannaphavoung -- Successful appeal to Immigration Judge to terminate deportation removal proceedings against a Laotian immigrant who feared persecution if returned to his native land.