In 1977, a group of parolee-refugees from Vietnam and Chile who legally entered the United States for an indefinite period and were residents of Illinois filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois to challenge their denial of state ...
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In 1977, a group of parolee-refugees from Vietnam and Chile who legally entered the United States for an indefinite period and were residents of Illinois filed suit under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois to challenge their denial of state scholarship assistance solely on the basis that they are neither citizens nor permanent residents of the United States. They sought declaratory and equitable relief.
On April 16, 1979, the District Court (Judge Kirkland) granted plaintiffs' motion for summary judgment and certified a class consisting of "all Illinois residents who are refugees paroled into the United States for an indefinite period pursuant to 8 U.S.C. § 1182(d)(5) and who have been or may be denied Illinois state scholarship assistance solely on the basis that they are neither citizens not (sic) permanent residents of the United States ...." Defendants appealed, but the appeal was later dismissed.
Subsequently, Congress enacted the Refugee Act of 1980, which substantially reduced the number of refugees paroled into the United States. Plaintiffs moved to amend the final judgment and redefine the class so as to conform to certain sections of the Act. On February 17, 1981, the District Court (Judge Grady) granted plaintiffs' motion over defendants' objection. It redefined the class to consist of "all Illinois residents who are legally admitted into or granted asylum by the United States as refugees under Sections 207 and 208 of the Refugee Act of 1980, 8 U.S.C. §§ 1157, 1158, amended, as well as those who are legally paroled into the United States for an indefinite period of time pursuant to Section 212 of the Refugee Act of 1980, 8 U.S.C. § 1182(d)(5), which refugees have been or may be denied consideration for Illinois State Scholarships solely on the basis that they are neither citizens nor permanent residents of the United States." Phan v. Friedes, 91 F.R.D. 408 (N.D. Ill. 1981).
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Dan Dalton - 11/04/2007
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