Thursday, October 6, 2022

Law Professors Challenge Florida Anti-Sanctuary Law as Discriminatory

Immigrant groups sued claiming that the Florida law was drafted by "anti-immigrant hate groups," the Federation for American Immigration Reform (FAIR) and Floridians for Immigration Enforcement. 

"The law professors [who submitted the amicus brief] are William D. Araiza, Stanley A. August professor of law, Brooklyn Law School; Jennifer M. Chacón, Stanford Law School; Erwin Chemerinsky, dean and Jesse H. Choper distinguished professor of law, University of California, Berkeley School of Law; Jenny-Brooke Condon, director, Equal Justice Clinic, Seton Hall University School of Law; Seth Davis, University of California, Berkeley School of Law; Brandon L. Garrett, L. Neil Williams Jr. professor of law and director, Wilson Center for Science and Justice, Duke University School of Law; Cheryl I. Harris, Rosalinde and Arthur Gilbert professor in civil rights and civil liberties, UCLA School of Law; Aziz Huq, Frank and Bernice J. Greenberg professor of law, University of Chicago Law School; Leah Litman, University of Michigan Law School; Hiroshi Motomura, Susan Westerberg Prager distinguished professor of law, UCLA School of Law; and Kenji Yoshino, Chief Justice Earl Warren professor of constitutional law, New York University School of Law." (bold added).

The brief argues that

"The District Court’s conclusion that Florida Senate Bill 168’s (`SB 168') Best Efforts Provision and Sanctuary Prohibition are unconstitutional is based upon a sound and unimpeachable application of Village of Arlington Heights v. Metropolitan Housing Development Corporation, 429 U.S. 252 (1977), to ample evidence in the record. Accordingly, the Court correctly found that these provisions were enacted with discriminatory intent.

SB 168’s enactment was driven by racial animus. Floridians for Immigration Enforcement (`FLIMEN') and the Federation for American Immigration Reform (`FAIR')—`anti-immigrant hate groups that overtly promote xenophobic, nationalist, and racist ideologies'—were intimately involved in the legislative process." 


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