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Case Name Georgia Latino Alliance for Human Rights v. Deal IM-GA-0007
Docket / Court 1:11–CV–1804–TWT ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Southern Center for Human Rights
Southern Poverty Law Center
Case Summary
On June 2, 2011, Plaintiffs filed a class action against the Governor of Georgia and other state officials under 42 U.S.C. §§ 1981 and 1983 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Plaintiffs are nonprofit organizations, business associations, and ... read more >
On June 2, 2011, Plaintiffs filed a class action against the Governor of Georgia and other state officials under 42 U.S.C. §§ 1981 and 1983 in the U.S. District Court for the Northern District of Georgia, Atlanta Division. Plaintiffs are nonprofit organizations, business associations, and individuals. Plaintiffs challenged Georgia's comprehensive immigration law, House Bill 87 ("HB87"). The organizational Plaintiffs claimed that HB87 would cause them to divert resources from their traditional missions in order to educate the public on the effects of the new law. The individual Plaintiffs claimed that they would be subject to investigation, detention, and arrest under HB87 because of their status as, or association with, unauthorized aliens. In their complaint, Plaintiffs argued that HB87 violates the Supremacy Clause, the Fourth Amendment, the Fourteenth Amendment, and the constitutional right to travel. Plaintiffs asked the court for both declaratory and injunctive relief.

On June 8, 2011, the Plaintiffs filed a Motion for Preliminary Injunction. Plaintiffs sought to enjoin the enforcement of portions of HB87 that would go into effect on July 1, 2011. On June 14, 2011, Defendants filed a Motion to Dismiss. Defendants contended that the Plaintiffs lacked standing and that the District Court lacked jurisdiction over Plaintiffs' claims. The Court held a hearing on the motions on June 20, 2011. On June 27, 2011, the District Court (Judge Thomas W. Thrash, Jr.) issued an order granting Plaintiff's Motion for Preliminary Injunction against Sections 7 and 8 of the law, and granting in part and denying in part Defendants' Motion to Dismiss. Ga. Latino Alliance for Human Rights v. Deal, 793 F. Supp. 2d 1317 (N.D. Ga. 2011).

Section 7 of the law created three distinct state criminal violations: (1) transporting or moving an illegal alien, O.C.G.A. § 16-11-200(b); (2) concealing or harboring an illegal alien, id. § 16-11-201(b); and (3) inducing an illegal alien to enter the state of Georgia, id. § 16-11-202(b). The District Court found these provisions preempted by the criminal provisions of the Immigration and Nationality Act, particularly 8 U.S.C. § 1324. Section 8 authorized police officers to investigate the immigration status of individuals who cannot produce adequate identification to prove citizenship, provided probable cause exists that the individual has committed a crime. O.C.G.A. § 17-5-100(b). In implementing this investigatory provision, officers were not permitted to "consider race, color, or national origin . . . except to the extent permitted by" the United States and Georgia Constitutions. Id. § 17-5-100(e). The District Court likewise enjoined this provision as preempted.

Defendants appealed the preliminary injunction to the United States Court of Appeals for the Eleventh Circuit. In December 2011, Defendants sought to stay the appeal pending the outcome of the Supreme Court's decision of Arizona v. United States, a case involving the Ninth Circuit striking down an Arizona law similar to this one. (Click here for the Clearinghouse entry on this case.) The Eleventh Circuit declined to stay proceedings.

On August 20, 2012, in an opinion by Judge Charles Wilson, the United States Court of Appeals for the Eleventh Circuit issued its opinion affirming in part and reversing in part the district court's preliminary injunction. The Court held that, as a result of the Supreme Court's Arizona v. United States analysis (which had since been decided), Section 7's criminalization of various immigration-related conduct was preempted. The Court also held that Section 8's authorization of police inquiry regarding persons without proper documentation (the "papers please" provision) was not properly subject of a pre-enforcement facial challenge; rather, plaintiffs' challenge would have to focus on implementation, and was therefore premature. Ga. Latino Alliance for Human Rights v. Governor of Ga., 691 F.3d 1250 (11th Cir. 2012). The Court denied the defendants' request for rehearing en banc.

On March 20, 2013, the District Court (Judge Thrash) entered a permanent injunction, enjoining Section 7 of HB87. The same day, Defendants filed a supplemental motion to dismiss Plaintiffs' remaining claims against Section 8 of HB87, arguing that Plaintiffs' facial challenge could not move forward in light of the Arizona decision and the Eleventh Circuit's ruling in this case. In opposition, Plaintiffs argued that they needed more discovery to pursue their claims.

On July 18, 2013, the District Court (Judge Thrash) granted Defendants' motion to dismiss Plaintiffs' challenge to Section 8. The Court held that, as a result of the Arizona and Eleventh Circuit decisions, Plaintiffs' "burden to establish the facial unconstitutionality of section 8 now appears to be insurmountable." The Court further held that "[a]ny further challenges to [HB87] must take the form of as-applied challenges." In granting the motion, the Court dismissed all remaining claims in the case. Ga. Latino Alliance for Human Rights v. Deal, 958 F. Supp. 2d 1355 (N.D. Ga. 2013).

Elizabeth Daligga - 06/22/2012
Dan Whitman - 03/21/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Right to travel
Supremacy Clause
Unreasonable search and seizure
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
Language discrimination
National origin discrimination
Race discrimination
Immigration
Constitutional rights
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
National Origin/Ethnicity
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
42 U.S.C. § 1981
Defendant(s) Attorney General of the State of Georgia
Commissioner of the Department of Community Affairs of the State of Georgia
Commissioner of the Department of Human Services of the State of Georgia
Executive Director of the Housing Authority of Fulton County Georgia
Governor of the State of Georgia
Plaintiff Description Plaintiffs are nonprofit organizations, business associations, and individuals who challenged Georgia's comprehensive immigration law, House Bill 87.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Southern Center for Human Rights
Southern Poverty Law Center
Class action status sought Yes
Class action status granted Moot
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2011 - n/a
Case Closing Year 2013
Case Ongoing No
Additional Resources
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Case Studies From Arizona's S.B. 1070 to Georgia's H.B. 87 and Alabama's H.B. 56: Exacerbating the Other and Generative New Discourses and Practices of Segregation
By: Dr. William Arrocha (California Western School of Law)
Citation: 48 Cal. W. L. Rev. 245
[ Detail ]

  The Prospects and Challenges of Educational Reform for Latino Undocumented Children: An Essay Examining Alabama's H.B. 56 and Other State Immigration Measures
By: María Pabón López, Diomedes J. Tsitouras & Pierce C. Azuma (Florida International University)
Citation: 6 FIU L. Rev. 231
[ Detail ]

  Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:11-cv-01804-TWT (N.D. Ga.) 01/25/2013
IM-GA-0007-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief Class Action 06/02/2011
IM-GA-0007-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Brief in Support of Motion for Preliminary Injunction 06/08/2011
IM-GA-0007-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Brief in Support of their Motion to Dismiss 06/14/2011
IM-GA-0007-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amicus Brief in Support of Defendants' Motion to Dismiss 06/17/2011
IM-GA-0007-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs’ Motion for Preliminary Injunction, Granting in part and Denying in part Defendants’ Motion to Dismiss 06/27/2011 (793 F.Supp.2d 1317) (N.D. Ga.)
IM-GA-0007-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants’ Brief in Support of Motion to Stay the Case 07/08/2011
IM-GA-0007-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 08/20/2012 (691 F.3d 1250)
IM-GA-0007-0007 PDF | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Opinion and Order Granting Defendants' Supplemental Motion to Dismiss 07/18/2013 (958 F.Supp.2d 1355) (N.D. Ga.)
IM-GA-0007-0008 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Martin, Beverly Baldwin (Eleventh Circuit, N.D. Ga.)
IM-GA-0007-0007
Thrash, Thomas W. Jr. (N.D. Ga.)
IM-GA-0007-0005 | IM-GA-0007-0008 | IM-GA-0007-9000
Voorhees, Richard Lesley (W.D.N.C.)
IM-GA-0007-0007
Wilson, Charles R. (M.D. Fla., Eleventh Circuit) [Magistrate]
IM-GA-0007-0007
Monitors/Masters None on record
Plaintiff's Lawyers Bauer, Mary C. (Alabama)
IM-GA-0007-9000
Blazer, Jonathan (California)
IM-GA-0007-9000
Broder, Tanya (California)
IM-GA-0007-9000
Brooke, Samuel (Alabama)
IM-GA-0007-9000
Claffey, Danielle M. (Georgia)
IM-GA-0007-9000
Desormeau, Katherine (California)
IM-GA-0007-9000
Federal, Robert Keegan Jr. (Georgia)
IM-GA-0007-9000
Hsu, Carolyn (California)
IM-GA-0007-9000
Jackson, Chara Fisher (Georgia)
IM-GA-0007-9000
Jadwat, Omar C. (New York)
IM-GA-0007-9000
Joaquin, Linton (California)
IM-GA-0007-9000
Kao, Winifred (California)
IM-GA-0007-9000
Keaney, Melissa S. (California)
IM-GA-0007-9000
Kuck, Charles H. (Georgia)
IM-GA-0007-9000
Lapointe, Michelle R. (Georgia)
IM-GA-0007-0002 | IM-GA-0007-9000
Ling, Sin Yen (California)
IM-GA-0007-9000
Mukherjee, Elora (New York)
IM-GA-0007-9000
Preciado, Nora (California)
IM-GA-0007-9000
Segura, Andre Ivan (New York)
IM-GA-0007-9000
Shahshahani, Azadeh N. (Georgia)
IM-GA-0007-9000
Spears, George Brian (Georgia)
IM-GA-0007-9000
Sugarman, Kenneth John (California)
IM-GA-0007-9000
Tsu, Naomi Ruth (Georgia)
IM-GA-0007-0001 | IM-GA-0007-9000
Tumlin, Karen C. (California)
IM-GA-0007-9000
Turner, Andrew Hess (Alabama)
IM-GA-0007-9000
Wang, Cecillia D (California)
IM-GA-0007-9000
Werner, Daniel (Georgia)
IM-GA-0007-9000
Defendant's Lawyers Davidson, Meghan Robson (Georgia)
IM-GA-0007-9000
Orland, Devon (Georgia)
IM-GA-0007-0003 | IM-GA-0007-0006 | IM-GA-0007-9000
Other Lawyers Anello, Farrin R (New York)
IM-GA-0007-9000
Bondurant, Emmet J. II (Georgia)
IM-GA-0007-9000
Chea, Socheat (Georgia)
IM-GA-0007-9000
Clark, Christopher R. (New York)
IM-GA-0007-9000
Gorniak, Carla (New York)
IM-GA-0007-9000
Oleson, Nathaniel J. (California)
IM-GA-0007-9000
Patterson, Pickens Andrew (Georgia)
IM-GA-0007-9000
Rohan, Douglas Brooks (Georgia)
IM-GA-0007-9000
Schwartz, Dale M. (Georgia)
IM-GA-0007-9000
Sharpless, Rebecca (Florida)
IM-GA-0007-9000
Solano, Henry L. (New York)
IM-GA-0007-9000
Thompson, G. Jason (Georgia)
IM-GA-0007-0004 | IM-GA-0007-9000
Weber, Gerald R. (Georgia)
IM-GA-0007-9000

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