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In 2008, the PJC's immigrants' rights agenda included the following cases and projects:
Appellate Litigation: Alavez v. Motor Vehicle Administration, Court of Appeals. The Court of Appeals issued a 5-2 decision on January 9, 2008 in Alavez v. MVA, a case on which the PJC served as amicus. In Alavez, the Court held that the Maryland statute regarding the issuance of drivers’ licenses to those with suspended/withdrawn licenses in other states “means what it says” and forbid the MVA from issuing a license to Mr. Alavez because his license was suspended/withdrawn in New Jersey after he failed to provide proof of his legal residence in the United States. This holding comes despite the fact that Maryland does not require proof of lawful presence in order to obtain a license. Judge Wilner, writing for the majority, ascribed the result to the simple implementation of the statute, which required the MVA to honor the suspension/withdrawal of Mr. Alavez’s New Jersey license by the New Jersey authorities. Unfortunately, the due process and equal protection arguments raised by the PJC were disposed of in relative short shrift. Judges Greene and Eldridge issued a joint dissent criticizing the Maryland statute as potentially unconstitutional, relying on arguments made by the PJC.
Legislative Advocacy in 2008 Session of the Maryland General Assembly
HB 288
Vehicle Laws- Proof of Legal Presence
Lead Sponsors: Del. Aumann (R- Harford Co.)
PJC Position: OPPOSE with Testimony
Legislative Disposition: UNFAVORABLE Report
This bill would have required people applying for Maryland drivers licenses and similar identification to prove that they are either a United States citizen or that they were here “in accordance with federal law”. The PJC opposed this legislation as an unnecessary measure that would undermine rather than enhance national security.
HB 604
Public Benefits- Requirement of Proof of Lawful Presence
Lead Sponsor: Del. O’Donnell (R-Calvert Co.)
PJC Position: OPPOSED with testimony
Legislative Disposition: UNFAVORABLE Report
This legislation would have required persons to prove “lawful presence” in order to receive any public benefits in the State of Maryland. The PJC opposed this legislation as unfounded because undocumented residents are not entitled to benefits under Maryland law, and to the extent federal law requires health, safety and education be provided to all residents, it was a mean spirited attempt to roll back services to communities often most in need.
HB 735
Counties- Prohibition of “Sanctuary Laws”
Lead Sponsor: Del. Aumann (R-Harford Co.)
PJC Position: OPPOSE (supported coalition in opposition)
Legislative Disposition: UNFAVORABLE report
This legislation would have required local governments to enforce federal immigration law, without resources or expertise to do so, and would have required local governments to collect immigration status information from persons accessing local government services. The PJC opposed this bill as an unnecessary infringement on the rights of local jurisdictions to determine local public safety policy priorities and an intrusion on the exclusive province of the federal government to establish and enforce immigration laws.
HB 1074
DNA Sample Collection on Arrest
Lead Sponsors: Del. Conaway (D-Wicomico Co.)
PJC Position: OPPOSE with testimony
Legislative Disposition: UNFAVORABLE
This bill would have required the collection of a DNA sample from an individual under arrest and determined to be an undocumented immigrant. The PJC opposed this legislation as an unconstitutional, unworkable and prohibitively costly scheme to demonize immigrants in the State of Maryland.
HB 1232
Citizens Rights Act
Lead Sponsors: Del. McDonough (R- Baltimore Co.)
PJC Position: OPPOSE w/ testimony
Legislative Disposition: UNFAVORABLE
This legislation would have allowed for a cause of action, on an individual basis, for citizens to sue election officials who permit a non-citizen to vote. The PJC opposed this legislation as a completely impractical and needlessly punitive way to ensure that voting is restricted to eligible Marylanders.
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