Legal

From Illegal Protest Wiki

This page is in the process of being updated. It is a work in progress!

This is a list of legal resources for Patriotic Americans who are active in the movement and needing to defend themselves against malicious prosecution or perhaps take the offensive in their area against a person or group who is promoting illegal immigration.

No advertising money has been charged or collected for the individuals or groups listed here. The list has been compiled through references made by patriots.

Contents [hide]

   * 1 Judicial Watch - Tom Fitton
   * 2 IRLI - Immigration Reform Law Institute
   * 3 Howard Foster - Attorney - Chicago, IL
   * 4 Gary Kreep of United Justice Foundation
   * 5 Howard Kaloogian Attorney - Carlsbad, CA
   * 6 Kris Kobach
   * 7 Shannon Goesling - Atlanta, GA
   * 8 Richard Bolen Lexington, SC
   * 9 Citizens of the American Constitution

Judicial Watch - Tom Fitton

Judicial Watch Web Site

   * GARCIA v. CITY OF LAGUNA BEACH - JW lawsuit on behalf of residents of the City of Laguna Beach, California, challenging the use of taxpayer funds to operate a day laborer center that refuses to verify day laborers’ eligibility to work in the United States. Information about the day labor center and the lawsuit can be found on the plaintiff's blog here. 

   * JUDICIAL WATCH v. CHICAGO POLICE DEPARTMENT- JW lawsuit to obtain records regarding the Chicago Police Department’s policies and procedures concerning illegal aliens and immigration status. 

   * JUDICIAL WATCH v. DEPARTMENT OF HOMELAND SECURITY, et al. – JW lawsuit to obtain records regarding immunity and medical treatment provided to a Mexican national shot by U.S. Border Patrol Agents in a drug-related incident near the U.S./Mexico border. 

   * STURGEON v. BRATTON - JW lawsuit on behalf of a resident of the City of Los Angeles challenging the use of taxpayer funds to support the Los Angeles Police Department’s “sanctuary” policy, which prohibits police officers from inquiring about a person’s citizenship or immigration status or notifying federal immigration authorities about an illegal alien’s immigration status. 

   * KARUNAKARAM v. TOWN OF HERNDON – JW lawsuit on behalf of residents of the Town of Herndon, Virginia challenging the use of taxpayer funds to operate a day laborer center that refuses to verify day laborers’ eligibility to work in the United States. 

   * Brief in Support of Hazleton, Pennsylvania’s Illegal Immigration Enforcement Policies 

IRLI - Immigration Reform Law Institute

Immigration Reform Law Institute Web Site

An extensive list of their current cases can be found here.

Stopping In-State Tuition for Illegal Aliens

   Day et al v. Bond et. al. - U.S. District Court for Kansas - No. 5:04-CV-04085-RDR (filed 2004) 

Fighting Issuance of Driver’s Licenses to Illegal Aliens

   Margaret Mengly Peredo Echalar et. al. v. Robert Flanagan Baltimore City Md. Circuit Court No. 24-CO5-00993 (filed 2005). 

Enforcing Laws That Require Applicants for Public Benefits to Verify Their Lawful Presence in the U.S.

   Yes on Proposition 200 et. al. v. Napolitano et. al. Arizona Supreme Court. No. 2004-092999 (filed 2004) 

Deterring Employment of Illegal Aliens

   MALDEF Suit v. Arizona Ranchers (Ana Marie Vicente et. al. v. Roger Barnett) U.S. District Court for Arizona No. CIV-05-157-TUC JMR, (filed 2005) 

Howard Foster - Attorney - Chicago, IL

Howard W. Foster concentrates his practice in complex/class litigation and RICO, antitrust and consumer fraud. Mr. Foster is currently lead counsel and/or co-lead counsel in several plaintiff class actions and defense counsel in others arising under RICO and consumer fraud statutes. He has tried a number of notable cases, including Williams v. Mohawk Industries in the U.S. Supreme Court in 2006.Mr. Foster is an adjunct professor at the Illinois Institute of Technology’s Chicago-Kent College of Law, where he teaches a class on Civil RICO. He is recognized as one of the leading RICO practitioners.

Read here at Vdare.com about a case he handled regarding the Zirkle Fruit Co.

The local federal judge initially dismissed the Zirkle case. But Foster appealed the dismissal to the San Francisco-based Ninth Circuit Court of Appeals.

And the Ninth Circuit, perhaps aware of the studies of Harvard economist George Borjas that show the relationship between an immigrant workforce and wage depression, reversed the dismissal and ordered the case to proceed.

Very happily, this reversal established a precedent that can be used in similar cases throughout the country. (Mendoza v. Zirkle Fruit Co., 301 F.3d 1163, 9th Cir. 2002, for those of you who want to read it.) Gary Kreep of United Justice Foundation

United Justice Foundation Web Site

Gary represented Immigration Watchdog, and got the case thrown out.

He was at Unite to Fight #2, in Las Vegas in 2006.

He represented John Monti in San Diego, who was attacked by six illegal aliens, who then turned, and sued HIM for assault, and Gary won that case, too. Howard Kaloogian Attorney - Carlsbad, CA

Web Site

Howard Kaloogian is currently representing the San Diego Minutemen against Cal Trans which recently relocated their Adopt-A-Highway sign after caving into pressure from pro-illegal immigration groups.

In an ironic twist, the ACLU is backing the San Diego Minutemen over this issue. Kris Kobach

Mr. Kris W. Kobach is a professor at the University of Missouri-Kansas City School of Law. He started as a White House Fellow in the personal office of Attorney General John Ashcroft days before the 9/11 attacks; after the Fellowship ended, he remained as Mr. Ashcroft’s Counsel, until 2003. Mr. Kobach holds a bachelor’s degree in government from Harvard University, a doctorate in political science from Oxford University, and a juris doctorate from Yale Law School.

Kobach served as lead lawyer defending the city of Valley Park, Missouri in a federal appeals case filed on behalf of the city’s ordinances, which had been struck down in state court, “barring illegal immigrants from renting housing” (which was later dropped) and sanctioning employers who hire illegal immigrants (which were maintained for the purposes of appeal). The ordinances on employers were upheld by a federal judge in Missouri, E. Richard Webber on January 31, 2008 [6]

He also assisted in a similar case, wherein, on February 7, 2008 “a federal judge in Arizona Neil V. Wake ruled against a lawsuit by construction contractors and immigrant organizations who sought to halt a state law that went into effect on Jan. 1 [2008] imposing severe penalties on employers who knowingly hire illegal immigrants.” Both cases are likely to be appealed by the losing sides. He was on the losing side of a similar case in the city of Hazleton, Pennsylvania, whose ordinances were struck down by a federal judge in Pennsylvania; this case is also on appeal. [7]

One of his most referred to essays can be found here regarding the right of local law enforcement to enforce immigration law. Shannon Goesling - Atlanta, GA

Executive Director and Chief Legal Counsel for Southeastern Legal Foundation, Inc

Southeastern Legal Foundation enjoined with Joey Vento’s attorneys in his defense of charges brought against him by the (IN)Human Rights Commission.

Read an essay published Feb 19, 2008 by Shannon Goesling, Esq titled “Why ‘official English’ matters” Richard Bolen Lexington, SC

Web Site

According to Terry Funderburk, Richard Bolen is the best attorney in South Carolina. Also known as The Lone Protester, Terry Funderburk was declared not guilty of disorderly conduct on February 20th, 2008.

He is very thankful to his attorney for helping him defend his right to free speech.

Terry spent a night in jail for the ridiculous charge of “cursing” which later morphed into “disorderly conduct”. Terry demanded a jury trial, which he got and through the common sense of those jurors, was acquitted and cleared of wrong doing.

Citizens of the American Constitution

Web Site

I discovered this group through reading about cases of forced medical treatment. I don't know anyone who has used their services but it seems they might be worthwhile checking out. I don't know if they will help people outside of New Mexico or not. Here is how they describe themselves:

   The Constitutional group has been active in New Mexico for approximately five years, and members of that group have won well over 250 victories – a near 100% victory record – in New Mexico courts. The few lost in lower courts are won in higher courts. We win our cases because we know the CONSTITUTION IS THE SUPREME LAW OF THIS LAND, and, by and through certain Constitutionally based methods and pleadings we file with the courts, we hold all government officers, judges and officials to it and to their limited, delegated Constitutional authority. Remember, if any action is not authorized by the Constitution, it is prohibited.

   In New Mexico, we and our group are hated and scorned by all government and courts, as will be more fully explained later. This is because we demand our Rights, get them, win, and we DO NOT FEAR THEM. They fear us. One of our favorite quotes from Jefferson is: “When People fear their government, there is tyranny. When government fears the People, there is liberty.” What we have lawfully done in New Mexico you and other Patriots like you can do in your own communities, cities, towns and states and create beneficial changes for everyone.