More on Judge Alito on Rights of Immigrants

An article entitled 86 Alito Memo Argues Against Foreigners’ Rights: Work for Justice Dept. Points to Views That May Affect Anti-Terrorism Rulings on High Court, by Jo Becker and Amy Goldstein in the Washington Post (Nov. 29) http://www.washingtonpost.com/wp-dyn/content/article/2005/11/28/AR2005112801849.html reports that

“As a senior lawyer in the Reagan Justice Department, Samuel A. Alito Jr. argued that immigrants who enter the United States illegally and foreigners living outside their countries are not entitled to the constitutional rights afforded to Americans.

In an opinion that offers insight into the Supreme Court nominee’s view of an area of law that has gained new significance with the Bush administration’s policies to combat terrorism, Alito gave his approval to an FBI effort in the 1980s to collect from Canadian authorities fingerprint cards of Iranian and Afghan refugees living in that country.”

A related Press Release from a Latino groups followed on the Post article.  It reads as follows:

Documents released this week by the Justice Department from 1986 show Supreme Court nominee Samuel Alito, as then Deputy Assistant Attorney General under the Reagan Administration, arguing strongly against constitutional protections being afforded to undocumented immigrants and foreign nationals residing in the U.S. Legislative Staff Attorney for MALDEF’s Washington, D.C.office, Peter Zamora, summarized, “In a 1986 letter to FBI Director William Webster, Alito offers a cramped, troubling interpretation of the constitutional protections properly afforded to undocumented immigrants.  In writing that the Constitution “grants only fundamental rights to illegal aliens within the United States,” Alito ignores a significant body of caselaw to the contrary.  Significantly, he ignores the landmark case of Plyler v. Doe, brought by MALDEF and decided in 1982, which held that undocumented immigrants are protected under the Fifth and Fourteenth Amendments, even in the context where the right is not “fundamental.”  Alito’s legal interpretation in this matter was strained and misguided, and the implications of elevating this interpretation to the Supreme Court are deeply troubling for those concerned with protecting immigrants’ rights.”  “The Senate needs to question Alito vigorously on his statements. What he suggested calls for the creation of a subclass of people who would be entirely vulnerable to abuse and victimization by unscrupulous people,” said Irasema Garza, spokesperson for HFJ and AFSCME representative. “As a community, we must urge our Senators to question Alito on what he meant and how far he was willing to go in denying constitutional protections to immigrants and foreign nationals that contribute greatly to this country.”  Congresswoman Linda T. Sánchez, vice-chair of the Congressional Hispanic Caucus’ Civil Rights Task Force added that, “Judge Alito’s nomination represents an abandonment of the principle that the Supreme Court should be comprised of highly qualified individuals with backgrounds, experiences and heritages that reflect the diversity of America.  As we get to know more about Judge Alito, I am concerned with his record of undermining civil rights, as he has been one of the most conservative federal judges in the country. I urge my Senate colleagues to look through his record carefully and for all Americans to pay close attention to this process as this appointment will have consequences for decades to come,” HFJ Spokesperson and St. Mary’s University School of Law Professor, Reynaldo Valencia, remarked, “Each new troubling revelation regarding Judge Alito’s personal views on affirmative action, voting rights, immigrant rights, and other issues of importance to the Latino community further reinforces the need for a thorough review and investigation of his judicial philosophy, and whether that philosophy will hurt or advance the interests of Latinos.”  HFJ will continue its National Judicial Briefing Tour on Tuesday, December 13, 2005 in Denver, Colorado with a presentation on what’s at stake for Latinos with the Alito nomination and a new Supreme Court. For more information contact Gabriela Ventura at gventura@rabengroup.com

(HFJ) was formed in April 2005 through the efforts of Alliance for Justice in order to provide Hispanic leaders across the nation a platform and voice in matters related to our nation’s judicial system. HFJ consists of Hispanic civil rights leaders as well as Hispanic state and local elected officials.  The group is led by long-time civil rights advocates Raul Yzaguirre, former president of the National Council of La Raza and Dolores Huerta, as well as MALDEF and PRLDEF. www.rabengroup.com

KJ