Feb. 27, 2013
Victor Viramontes
See more on Victor ViramontesMexican American Legal Defense and Educational Fund | Los Angeles | Nonprofit civil rights: immigrant rights, employment, education
As MALDEF's lead counsel, he presented oral argument in the federal district court to block Arizona's controversial Senate Bill 1070's anti-day labor provision. Friendly House v. Whiting, 846 F.Supp.2d 1053 (D.Ariz. 2012).
"I argued that Arizona was violating the First Amendment rights of workers," he said. "Going out on public streets and being available to work is perfectly legal, and Arizona was trying to single out and criminalize day laborers' speech."
After a preliminary injunction was issued in February 2012, Viramontes argued to defend it before the 9th U.S. Circuit Court of Appeals eight months later and awaits the court's ruling.
Last June, the U.S. Supreme Court did rule that, along with two others, SB 1070's provision criminalizing unauthorized individuals from soliciting, applying for or performing work is pre-empted by federal law. But the court didn't block a section requiring law enforcement officers to determine immigration status during a lawful stop.
Viramontes said that he's continuing with discovery to challenge that provision.
Meanwhile, he's serving as counsel in lawsuits against similar measures passed in other states.
So far, he said, "We've successfully enjoined the bulk of the statutes in South Carolina and Alabama."
Viramontes said he recalls how he felt as a college student in 1994 when California passed Proposition 187, which sought to prevent undocumented individuals from receiving benefits or public services.
"I was shocked that California would pass something like that," Viramontes said.
He went on to intern with MALDEF, which, along with some other civil rights groups, had filed a lawsuit challenging the measure.
A federal court later held that it violated the U.S. Constitution and issued an injunction, invalidating the law.
"I worked on a small piece of the lawsuit, and I knew that my calling was in civil rights," Viramontes said. "The memory I have from Prop. 187 really influenced my work."
He added, "In the long run, bad policy undermines everyone and puts civil rights at stake - not only for immigrants but for all of us."
- PAT BRODERICK
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