HomeMy WebLinkAboutR-90-0715RESOLUTION No.
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO
PARTICIPATE AS AMICUS CURIAE IN THE CASE OF
GENE MCNARY, COMMISSIONER OF IMMIGRATION AND
NATURALIZATION, ET AL. V. HAITIAN REFUGEE
CENTER, INC., ET AL., UNITED STATES SUPREME
COURT CASE NO. 09-1332.
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WHEREAS, recognizing the importance of adjudicating an
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immigrant's legal status in a fair and expeditious manner; and
WHEREAS recognizing that the decision rendered by the
United States Supreme Court in the case of Gene McNary,
Commissioner of Immigration and Naturalization v. Haitian Refugee
Center, Inc., et al., Case Number 89-1332, will impact the
application process of many immigrants and the citizens of Miami;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDAa
Section 1. The City Attorney is hereby instructed to
participate as Amicus Curiae on behalf of the Respondents,
Haitian Refugee Center, Inc., et al., in United State Supreme
Court Case Number 89-1332.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of September , 1990.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
MOMo gL. F nandez
to t. • -C
DATE
SUBJECT
September 18, 1990�
Amicus Brief by City of Miami
in roMi Rs i oner
Refugee Center. Inc _, . U. H .
REFERENCES: Supreme Court Case No. 89-133.2
ENCLOSURES; 1
Pursuant to our recent
conversations, I
have contacted
counsel for the Respondents,
Ira Kurzban, and. indicated to: him --
your, desire .tU -participate
as am.icus curiae L
in the above,
Curt-.
case presently before _the United States
Supreme
,•� .-c$ptioned
Accordingly, I have prepared
the attached resolution instructinq''
me to participate in the case
in that capacity.
JLF/KSP/lb/PS29
CC: Cesar H. Odio
City Manager
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10. Honorable Mayor -and
Members of the City Commission
FA°""� i ge ernan'dg-e
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-_CiyAitoney •-
^ATE September 12, 1990 MILE
SUBJECT Amicus Brief by City Of Miami
in commissioner of. Tmmiq a ion',
and Natu alization_. Haiti n
g8fUgge Center. Inch, U.S.
'EFERENCESSupreme Court Case No. 89-1332
ENCLOSURES
Pursuant to our recent conversations, enclosed please find a
copy of the brief filed by the United States, as. Petirtionerf' in
the above -captioned -proceeding. Drafts of the briefs to be'filed
,•by.-Aespondents a-nd*--amici curiae _ are also enclose¢-. '.As L
indicated to you, a firm in Los Angeles is preparing the brief
for amici curiae on a pro bono basis. Currently, the State of"
California, the City of New York and the City .of Los Angeles:'have
agreed to be signatories to an amicus brief.
The case involves the Special Agricultural Worker (SAW)
program passed by Congress to grant amnesty to farm workers. V
throughout the United States. The purpose of enacting this `
legislation was twofold: "to grant... residence to agricultural;
workers benefit the workers --and to guarantee growers an
ample supply of nondomestic agricultural workers --to benefit -the
growers." 132 Cong. Rec. H 8517 (Daily Ed. Sept. 26, 1985).
This action originated in the United States District Court,.
Southern District of Florida. It was filed on behalf of the
Haitian Refugee Center, Inc., the Migration and'Refugee Services:
of the Rowan Catholic Diocese of West Palm Beach and 17,.4
individuals whose applications for amnesty under the SAW program. h'
wed -q denied. by Iteration and Naturalization Service. The „�.7,.: C
'Individuals represent'a class of approximately 50000 applicants
in the states of Florida, Georgia and Alabama.
The United States District Court determined that the -^,t
Ymigration and Naturalization Service applied an onerous and
improper burden of proof on the applicants, denied applicants the
right to translators; and to call witnesses when preaentLng their
cases, and failed to' provide a record of the a plicanta',
interviews so that an appeal could be taken in an ndiv):.uax
case. The Eleventh Circuit Court of Appeals atffirs t 4a
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decision of the District Court.
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Honorable Mayor and
Members of the City
September 12, 1990
Page 2
Commission
The issue presented in the instant proceedings is whether 28 w
U.S.C. Section 1331(a) conferred the district court jurisdiction
to consider the farm workers' challenge of unconstitutional
- patter -no and practices employed by the Immigration and.-_ r
Naturalization Service in its administration of the Special
Agricultural Worker program created by the Immigration Reform and
Control Act of 1986, Pub. L. No. 99-503, 100 Start. 3359. We
believe that the issue in this case will have a detrimental
impact on the City of Miami, as well as the State of Florida, if
the Supreme Court agrees with the position posited by the, United
States government.
Please note that the decision will not have. any_ bearing on.
those persons covered by the Cuban -Haitian Adjustment Act,_but
.•wi44 directly impact, those persons covered by the Amnesty. _
Program, created by the Immigration Reform and .Control Act of
1986, which affords the opportunity for legalization to those who
_ came to the United States before January .1, 1982. Approximately
50,000 class members, as well as persons covered by the Amnesty
Program, would have to prosecute his/her appeal through the
normal appellate process, and the resolution of their status will
be delayed for years. This, of course, will directly impact the
City because these applicants will be kept in a state of "limbo,"
unable to work lawfully, under the new employer sanctions law
until such time as the Eleventh Circuit Court of Appeals
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— adjudicates these appeals on a case by case basis.
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— The deadline for filing the amici curiae brief is September,
= 19, 1990, However, the brief is going to the printer on
September 13, 1990. Therefore, we must advise counsel of our
decision no later than the close of business on Wednesday,,
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= September 12, 1990.
KSp/1b/P528
- cc: Cesar H. Odio
City Manager
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