University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name National Council of La Raza v. Gonzales IM-NY-0009
Docket / Court 03-CV-6324 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Immigration
Case Summary
On December 17, 2003, a coalition of immigration rights advocacy groups, which included the National Council of La Raza (NCLR), New York Immigration Coalition (NYIC), American-Arab Anti-Discrimination Committee (ADC), Latin American Workers Project (LAWP), and UNITE, filed suit against several ... read more >
On December 17, 2003, a coalition of immigration rights advocacy groups, which included the National Council of La Raza (NCLR), New York Immigration Coalition (NYIC), American-Arab Anti-Discrimination Committee (ADC), Latin American Workers Project (LAWP), and UNITE, filed suit against several federal agencies (FBI, DOJ, ICE, Homeland Security) in the U.S. District Court for the Eastern District of New York, seeking to halt the government practice of entering and disseminating civil immigration information to state and local enforcement officials through the National Crime Information Center (NCIC) database. Plaintiffs contended that the federal government had been entering information into the NCIC about outstanding immigration warrants or orders of deportation, exclusion or removal ("absconders") and alleged violations of the National Security Entry-Exit Registration System ("NSEERS violators"). Plaintiffs further contended that because Congress had generally preempted state and local law enforcement officials from enforcing immigration law, defendants were causing state and local officials to make unconstitutional arrests based on the information entered.

The federal agencies moved to dismiss the case for lack of jurisdiction and failure to state a claim. The District Court (Senior Judge I. Leo Glasser) granted the agencies' motion and dismissed the case for lack of standing. Judge Glasser held that "speculation that some unauthorized party at some point in the future might access immigration violators file in NCIC database in violation of alleged privacy right of members of advocacy organizations was not actual or imminent and concrete and particularized injury necessary for advocacy organization to have standing." National Council of La Raza v. Gonzales, 468 F.Supp.2d 429, 436 (E.D.N.Y. 2007). Plaintiffs appealed.

The U.S. Court of Appeals, Second Circuit, (Judges Straub, Raggi, Sessions) affirmed the dismissal on July 3, 2008. There was no opinion issued.

Elizabeth Daligga - 07/06/2012


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Issues and Causes of Action
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Issues
General
Records Disclosure
Immigration
Constitutional rights
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Defendant(s) Bureau of Immigration and Customs Enforcement
Department of Homeland Security,
Department of Justice
FBI
Plaintiff Description Coalition of immigration rights advocacy groups, challenging the disclosure of immigration information to the National Crime Information Center Database (NCIC)
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies 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)
07-0816-cv (U.S. Court of Appeals) 03/02/2007
IM-NY-0009-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:03-cv-06324-ILG-RER (E.D.N.Y.) 06/22/2007
IM-NY-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/17/2003 (2003 WL 23884294)
IM-NY-0009-0001.pdf | WESTLAW | Detail
Memorandum of Law in Support of Defendants' Motion to Dismiss the Complaint For Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief May be Granted 04/26/2004 (2004 WL 2647902)
IM-NY-0009-0004.pdf | WESTLAW | Detail
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss 04/26/2004 (2003 WL 23884322)
IM-NY-0009-0005.pdf | WESTLAW | Detail
Brief of Amici Curiae National Latino Officers' Association and National Black Police Association in Support of Plaintiffs 06/18/2004 (2004 WL 2647907)
IM-NY-0009-0003.pdf | WESTLAW | Detail
Reply Memorandum of Law in Further Support of Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief May Be Granted 07/22/2004 (2004 WL 2647909)
IM-NY-0009-0002.pdf | WESTLAW | Detail
Opinion 01/05/2007 (468 F.Supp.2d 429) (E.D.N.Y.)
IM-NY-0009-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Glasser, Israel Leo (E.D.N.Y.)
IM-NY-0009-0006 | IM-NY-0009-9000
Reyes, Ramon E. Jr. (E.D.N.Y.) [Magistrate]
IM-NY-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bali, Asli U. (New York)
IM-NY-0009-0001
Boccuzzi, Carmine Daniel (New York)
IM-NY-0009-0001 | IM-NY-0009-0005 | IM-NY-0009-0006 | IM-NY-0009-9000
Dunn, Christopher (New York)
IM-NY-0009-0001 | IM-NY-0009-0005
Eisenberg, Arthur (New York)
IM-NY-0009-0001 | IM-NY-0009-0005 | IM-NY-0009-9001
Gelernt, Lee (New York)
IM-NY-0009-0001 | IM-NY-0009-0005
Guttentag, Lucas (New York)
IM-NY-0009-0001 | IM-NY-0009-0005
Jadwat, Omar C. (New York)
IM-NY-0009-0001 | IM-NY-0009-0005 | IM-NY-0009-9001
Kalhan, Anil (New York)
IM-NY-0009-0001 | IM-NY-0009-0005
Kane, Sheilah (New York)
IM-NY-0009-0001 | IM-NY-0009-0005
Markowitz, Peter (New York)
IM-NY-0009-0001 | IM-NY-0009-0005 | IM-NY-0009-9001
Peters-Quintero, Mayra (New York)
IM-NY-0009-0001 | IM-NY-0009-0005
Santillo, Kristen (New York)
IM-NY-0009-0005
Wishnie, Michael J. (Connecticut)
IM-NY-0009-0001 | IM-NY-0009-0005 | IM-NY-0009-0006 | IM-NY-0009-9000 | IM-NY-0009-9001
Defendant's Lawyers Amanat, F. Franklin (New York)
IM-NY-0009-0002 | IM-NY-0009-0004 | IM-NY-0009-0006 | IM-NY-0009-9000
Letter, Douglas (District of Columbia)
IM-NY-0009-9001
Mauskopf, Roslynn Renee (New York)
IM-NY-0009-0002 | IM-NY-0009-0004
Yelin, Lewis S. (District of Columbia)
IM-NY-0009-9001
Other Lawyers Azmy, Baher (New York)
IM-NY-0009-0003 | IM-NY-0009-9000 | IM-NY-0009-9001
Tumlin, Karen C. (California)
IM-NY-0009-9001

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