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Keywords

plaintiffinjunctionmotiondue processvisaliens
plaintiffdefendantinjunctionmotionwilldue process

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Buck v. Stankovic, 485 F.Supp.2d 576

Facts

Plaintiffs Heather Buck, a U.S. citizen, and Jose Guadelupe Arias–Maravilla, an undocumented alien from Mexico, sought a marriage license in Luzerne County, Pennsylvania. When they applied, Mr. Arias presented his birth certificate, a certified translation, and his Mexican passport, but was denied the license because he could not provide a visa evidencing his lawful presence in the U.S. This policy effectively barred undocumented aliens from obtaining marriage licenses, prompting the plaintiffs to file suit under § 1983.

On Tuesday, April 17, 2007, Plaintiffs went to Defendant's office in Wilkes–Barre, Pennsylvania to obtain a marriage license. Plaintiffs spoke with Deputy Register of Wills, Donald Williamson. Mr. Arias presented his birth certificate, accompanied by a certified English translation, his Mexican passport, and documents from his immigration proceedings before Immigration Judge Walter A. Durling, among which was an order granting Mr. Arias' application for voluntary departure until May 12, 2007.

Issue

Whether the policy requiring foreign nationals to prove lawful presence in the U.S. as a condition for obtaining a marriage license violates the equal protection and due process rights of an undocumented alien and his U.S. citizen fiancée.

The question before me is whether Defendant can, by prescribing a process for identifying an applicant for a marriage license, deny an undocumented alien and his citizen fiancé a marriage license.

Rule

The court applied strict scrutiny to the policy, requiring the state to demonstrate that the policy serves a compelling governmental interest and is narrowly tailored to achieve that interest.

In order to grant a motion for a preliminary injunction, a district court must address the following four factors: (1) whether the movant has shown a reasonable probability of success on the merits; (2) whether the movant will be irreparably harmed by denial of the relief; (3) whether granting relief will result in even greater harm to the nonmoving party; and (4) whether granting the preliminary relief will be in the public interest.

Analysis

The court determined that the policy significantly interfered with the fundamental right to marry, as it effectively prevented undocumented aliens from obtaining marriage licenses. The court found that the state's interests in verifying identity and preventing marriage fraud were not sufficiently compelling to justify the policy, especially since there were less restrictive means available to achieve those interests.

Accordingly, because Defendant's policy does not appear to be closely tailored to solely effectuate a sufficiently important state interest, the Court concludes that Plaintiffs have demonstrated a reasonable probability that Defendant's policy violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

Conclusion

The court granted the plaintiffs' motion for a preliminary injunction, prohibiting the enforcement of the policy requiring proof of lawful presence in the U.S. as a condition for obtaining a marriage license.

Accordingly, the Court finds that Plaintiffs have established that they would likely suffer irreparable harm if a preliminary injunction were not issued.

Who won?

Plaintiffs Heather Buck and Jose Guadelupe Arias–Maravilla prevailed because the court found that the policy violated their constitutional rights and that they would suffer irreparable harm without the injunction.

The Court will grant Plaintiffs' motion for a preliminary injunction prohibiting Defendant from requiring Plaintiffs to prove Mr. Arias' lawful presence in the United States as a condition of obtaining a marriage license.

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