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Keywords

plaintiffdefendantinjunctionmotiondiscriminationcitizenshipliens

plaintiffdefendantstatuteinjunctionwilldiscriminationcitizenshipliens

Related Cases

League of United Latin American Citizens v. Pasadena Independent School Dist.

Facts

The League of United Latin American Citizens (LULAC) and individual plaintiffs, who are undocumented aliens, filed a motion for a preliminary injunction after being terminated from their jobs at the Pasadena Independent School District (PISD) for providing false social security numbers on their employment applications. Each plaintiff entered the U.S. before January 1, 1982, and is eligible for the legalization program under the Immigration Reform and Control Act (IRCA). The plaintiffs were informed that they could keep their jobs if they secured valid social security numbers, but they were unable to do so due to the lack of an established mechanism for obtaining them.

Plaintiffs Maria Olympia Hernandez, Reina Raquel Guillen, Blanca Lopez, and Maria Garza (the 'individual Plaintiffs') are undocumented aliens, each of whom entered the United States before January 1, 1982. The individual Plaintiffs were employed by the Pasadena Independent School District ('PISD') prior to November 6, 1986. At the time they applied for employment, each individual Plaintiff inserted an invalid social security number on her application form.

Issue

Did the defendant's termination of the plaintiffs for providing false social security numbers constitute an unfair immigration-related employment practice under the Immigration Reform and Control Act?

Rule

Under Section 274B(a) of the Immigration Reform and Control Act, it is an unfair immigration-related employment practice to discriminate against any individual with respect to employment based on national origin or citizenship status.

It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien) with respect to the hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment – (A) because of such individual's national origin, or (B) in the case of a citizen or intending citizen . . . because of such individual's citizenship status.

Analysis

The court applied the rule by determining that the defendant's policy of terminating undocumented aliens solely for providing false social security numbers was discriminatory against those intending to become citizens. The court noted that the plaintiffs had established a substantial likelihood of prevailing on their claim that the terminations violated the anti-discrimination provisions of the IRCA, as the policy disproportionately affected individuals who were eligible for legalization.

There is a substantial likelihood, however, that Plaintiffs will prevail on their claim that actions taken by PISD in terminating Plaintiffs violate the anti-discrimination provision of IRCA Section 274B(a). Since this is a case of first impression, it is the Court's duty 'to find that interpretation which can most fairly be said to be imbedded in the statute, in the sense of being most harmonious with its scheme and with the general purposes that Congress manifested.'

Conclusion

The court granted the plaintiffs' motion for a preliminary injunction, finding that they met the necessary legal standards for such relief.

The Court finds that Plaintiffs have established all four prerequisites for the issuance of a preliminary injunction.

Who won?

The plaintiffs prevailed in the case because they demonstrated a substantial likelihood of success on the merits of their claim that the defendant's actions violated the anti-discrimination provisions of the IRCA.

The court found that plaintiffs established all four prerequisites for the issuance of a preliminary injunction under the latter statute.

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