In an unsigned per curiam opinion the Supreme Court allowed a group of anti-choice activists to rely on a civil rights statute to recover attorney fees in a challenge to attempts to shut their protests down.
In a little noticed per curium opinion issued just before the election, the Supreme Court held anti-abortion activists can use a civil rights law to claim “reasonable attorney’s fees” in a case where law enforcement stopped protesters from carrying graphic signs after complaints by residents. The law relied on by the anti-choice activists was intended to support civil rights groups filing suits over issues such as school desegregation, but anti-choice groups have embraced and appropriated the law as they look to ways to push back against protest restrictions.
Steven Lefemine and members of Columbia Christians for Life (CCL) routinely engaged in anti-choice demonstrations in Greenwood County and elsewhere in the state that include large, graphic signs containing pictures of aborted fetuses. After complaints from citizens about the signs a Greenwood County police officer informed the protesters that if they didn’t get rid of the signs they would be ticketed for breach of the peace. Lefemine and CCL challenged the police officer but eventually agreed to disband their protest for the day.
But as is often the case with anti-choice protests, the group continued to spar with law enforcement over its protests with graphic signs at the intersection. According to the complaint, law enforcement eventually threatened the group with economic penalties should they continue their protests. Out of fear of those economic sanctions the group claimed it chose not to protest in that county for the next two years and instead sued, arguing their First Amendment rights of speech and assembly had been violated.
A federal judge agreed that the sheriff was wrong, but did not award damages or lawyer’s fees. The justices threw out that decision without hearing arguments, saying the legal decision that officers could not stop the protesters ‘‘supported the award of attorneys’ fees.’’ The case now goes back to the lower courts for a determination of those fees.
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“Given the pain and the suffering immigrants have been facing with family separation—the minimum the president can do is stop deportations," said Tania Unzueta, policy and legal director at #Not1More, a campaign to stop anti-immigrant laws.
Immigrant rights organizations say forcing such a large segment of the undocumented population to live in fearis “unacceptable,” and they are calling for a moratorium on deportations.
“Honestly, we were waiting on the Supreme Court to give us something, anything in the form of relief, and it didn’t happen,” said Tania Unzueta, policy and legal director at #Not1More, a campaign to stop anti-immigrant laws. “This is why we’re calling for the moratorium. It feels like this is the minimum we can ask for. People would be much happier with rights and citizenship and being able to do things like legally work in this country, but that’s not on the table right now. Given the pain and the suffering immigrants have been facing with family separation—the minimum the president can do is stop deportations.”
Stopping deportations, which have separated thousands of families, is within President Obama’s power, advocates say. As Unzueta wrote recently at the #Not1More site, the Supreme Court’s inaction in United States v. Texas “did not result in a challenge to the federal government’s jurisdiction over immigration enforcement issues or the President’s executive power to expand, reduce, or shut down the immigration enforcement programs that it has invested in.” And as Peter L. Markowitz, a professor at the Benjamin N. Cardozo School of Law, wrote in the New York Times, the president does have the “pardon power,” which includes “the power to grant broad amnesties from prosecution to large groups when the president deems it in the public interest.” Unlike deferred action, amnesty would not provide work permits, but there would be no complicated application process and it would be a form of immediate relief for millions of undocumented immigrants. However, given the president’s immigration track record, it’s unclear if President Obama is even considering amnesty.
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The president’s executive action would have expanded the Deferred Action for Childhood Arrivals (DACA) program, enabling eligible undocumented immigrants to receive three-year work permits, and created Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). DAPA would have provided a renewable work permit and exemption from deportation for two years to undocumented parents with children who are U.S. citizens or legal permanent residents and also meet certain requirements.
After the Supreme Court announced its split decision, President Obama essentially washed his hands of the undocumented community for the remainder of his presidency, while also leaving behind a “deportation machine” for the next president of the United States, Unzueta told Rewire.
In remarks after the Supreme Court ruling, President Obama said that in November when the next president is elected, he believes the country will get an immigration policy that reflects “the goodness of the American people” and that he has “pushed to the limits” of his executive authority. “We now have to have Congress act,” the president said, while also assuring Americans that the enforcement policies enacted by his administration will remain in place.
The president is referring to policies like the Priority Enforcement Program (PEP), announced November 20, 2014, the same day he announcedthe expansion of deferred action. PEP replaced Security Communities, an immigration enforcement and deportation program, though advocates argue that PEP is simply a continuation of Secure Communities. Both programs include local law enforcement working with ICE to detain undocumented immigrants.
“Since that announcement of both DAPA and PEP, there are members of our community who have experienced no relief. Now, because of the [Supreme Court] ruling, all that’s come is an increase in the ability to deport people. To me, that proves that you can’t put all of your eggs in one basket, and Obama can’t rely on trying to expand deferred action as the only response to immigrant communities. There’s so much more that he can do,” Unzueta told Rewire.
In a post for #Not1More, the policy and legal director outlined all of the avenues President Obama could take in light of the Supreme Court ruling, including stopping the home raids that have been taking place since January, reviewing his enforcement priorities such as targeting those who recently arrived in the United States, and ending “all programs that entangle local law enforcement and immigration enforcement.” Unzueta also wrote that the president could stop defending “the erosion of the few rights that immigrants have in detention centers,” referring to Jennings v. Rodriguez,a case the Supreme Court announced it would take four days before it issued its decision on DAPA. In Jennings, the Court will debate how long undocumented immigrants detained for immigration violations can be held in detention. “The case had already been decided in the 9th Circuit Court, indicating that immigrants had a right to a regular review of their case via a bond hearing,” Unzueta wrote. “The Obama administration is pushing against this decision asking the Supreme Court to overturn it, arguing effectively for fewer rights for immigrants who are detained.”
The most pressing concern, however, is deportations, which is why #Not1More and other groups, including ICE Out of Austin and the Connecticut Immigrant Rights Alliance (CIRA), are calling for a moratorium on them.
On June 27, the Georgia Latino Alliance for Human Rights blocked the ICE Atlanta field office and undocumented members of CIRA blocked traffic at the Hartford, Connecticut, immigration office demanding a moratorium on deportations. According to CIRA member Stefan Keller, the Hartford action resulted in the arrest of nine protesters, some of whom were undocumented. But because Hartford is a sanctuary city, which is a region that does not work with ICE for the detainment and deportation of undocumented community members, undocumented protesters were not at risk of deportation.
Alejandro Caceres, an organizer with ICE Out of Austin, a campaign to end Austin law enforcement’s partnership with the federal immigration agency, told Rewire the Supreme Court ruling has left many in Austin’s undocumented community feeling sad and frustrated, but that he’s now more committed than ever to focus his efforts locally.
“I think our organizing mentality is that we can’t do anything about the Supreme Court, but we do have the power to work to end deportations here locally,” Caceres said. “Our campaign has a four-resolution plan, and it ends with a city ID.” Community ID programs for undocumented immigrants have been adopted in various cities nationwide, including some in North Carolina, where this initiative is currently under attack. Under these programs, the city issues identification cards, which can make undocumented communities safer.
“That’s something we’re very recommitted to in the light of the Supreme Court ruling. It’s not a solution to the larger problem, but it’s a solution we can focus our energy on. It’s not citizenship. It’s not work authorization. But it’s something, and it’s one more barrier to stop folks from being deported.”
Like Unzueta, Caceres believes there is more Obama can do before he leaves office; there is more he must do, the organizer said, because without DAPA or the DACA expansion, millions ofpeople are at risk of deportation. This is why ICE Out of Austin signed on to call for a moratorium on deportations.
“Saying, ‘DAPA didn’t pass, there’s nothing I can do,’ just isn’t true, and it’s not holding yourself accountable to the immigrant community. We know he [President Obama] can do more, and that’s why we want to put a stop to the deportations. Those who have been calling for comprehensive immigration reform understand people are being needlessly deported, and if they understand that, they have to agree that we must put a stop to deportations as soon as possible. If folks continue to be deported, that is the most urgent crisis we have and that is the issue we will continue to fight,” Caceres said.
Demanding a stop to deportations is a way to push President Obama to do more, according to advocates. Every immigration win that has come from the Obama administration began with pressure from undocumented organizers and activists, Keller said, and the call for a moratorium on deportations is no different.
“The president said it’s up to us, it’s up to Congress, it’s out of his hands. But if Congress isn’t going to help create a just immigration system, we need to put a halt on deportations until this broken system is fixed,” Keller told Rewire. “There is no justice in separating families. This is punishing people because no one is capable of reform or carrying out any other plan of action.”
Providing Tangible Support
President Obama is commonly referred to as the “deporter-in-chief” by immigrant rights activists. It is such a commonly used phrase, in fact, that in January when asking Hillary Clinton about her immigration policies, journalist Jorge Rivas asked Clinton if she would be the next deporter-in-chief. According to a Fusion report, President Obama has deported more immigrants than any president in history, more than 2.5 million since 2009. And as the Nation reported, under his administration the budget for immigration enforcement increased by 300 percent.
Chances are, Caceres told Rewire, that these deportations will continue no matter who is president.
“It was Democrats who [deported over 2 million people]; it was Democrats who implemented family detention. If this continues, the immigrant community, the undocumented community, Latinos, all kinds of people will no longer see any political party as viable or trust-worthy. Neither party helps us.”
“That’s why the response to the undocumented community from liberals and Democrats can’t just be, ‘We’re going to go out and vote and elect a Democratic president.’ We can’t rely on one party,” Unzueta added.
#Not1More’s policy and legal director said it’s hard to get behind any politician, presidential candidate or otherwise, who isn’t willing to say that they want to dismantle the deportation machine, stop deportations, and cut back on the policies and programs that target immigrant communities. “Saying you will work toward comprehensive immigration reform is not what we need at this moment. Saying you will work on stopping deportations is what the community needs. That is the immediate concern,” she said.
In March, the Latin Post reported that “the Democratic Party leaders in the Senate and House of Representatives, in addition to 223 additional members of Congress, filed the amicus brief defending DAPA and DACA’s expanded guidelines.” Advocates say those same politicians and lawmakers must provide tangible support to the undocumented community by helping to stop deportations. Whether that’s publicly pressuring the president to stop deportations after the Supreme Court ruling or lending their voice to individual cases of DAPA-qualified undocumented immigrants who are in detention or deportation proceedings, now is the time, Unzueta said.
Caceres and other members of ICE Out of Austin have been pressuring the Austin Police Departmentand city council for months to adopt a policy not allowing officers to ask about immigration status. Currently, Austin police officers are allowed to inquire about a person’s immigration status—and no one knows that better than Caceres, who was arrested for refusing to discuss his immigration status with an officer. Working to end these types of policies in their own communities is a way to provide the undocumented community with tangible support, the organizer said.
“I think local politicians should really look into their police departments and what policies they have around detaining immigrants,” he said. “If we can’t instate DAPA or stop deportations, we can make it more difficult to deport people. Does your local law enforcement work with ICE? Work to end that. If immigration wants an undocumented person’s information, make sure they have to come with a warrant. Ending the Priority Enforcement Program in your community, that’s tangible support,” Caceres said. “It can make you feel good to write a letter to the Supreme Court saying you’re disappointed in the ruling, but that doesn’t really do anything for us. Tangible support is ending ties with ICE. Letting folks in the community know that if they get arrested, for any reason, they will not be deported.”
In addition, advocates suggest urging local politicians to turn their communities into sanctuary cities. Joining the District of Columbia and 12 states in allowing undocumented immigrants to obtain a driver’s license is also a way for local politicians to provide tangible support, Caceres told Rewire.
Unzueta said she doesn’t know if President Obama will provide a moratorium on deportations and she isn’t sure if politicians who voiced support for DAPA and DACA will step up to the plate to help the undocumented community in this time of need. “Hopeful,” she said, isn’t really in her vocabulary anymore.
“I’ve been doing this a long, long time and I’ve seen so many setbacks. As long as our humanity is debated and we have to fight for basic rights, I don’t get my hopes up because I don’t want to be disappointed. But that doesn’t mean I’m hopeless,” she told Rewire. “I believe in community and I believe in organizing. I believe in the power of an organized community. I choose to invest my hope in that.”
A Rewire investigation published earlier this year told the story of a 17-year-old girl and her mother who were targeted by an array of anti-choice activists who meddled in the teen's medical care, in an effort to thwart her ability to obtain an abortion. Stephen Crampton was at the center of this effort.
A Mississippi attorney who sent a threatening letter to an abortion clinic—falsely claiming that he represented a teen who was at the clinic attempting to obtain an abortion—is now running for election to that state’s supreme court.
Stephen Crampton has worked for multiple extremist Christian groups, including the Liberty Counsel and the American Family Association Center for Law & Policy.
A Rewireinvestigation published earlier this year told the story of a 17-year-old girl and her mother who were victimized by an array of anti-choice activists who meddled in the teen’s medical care, in an effort to thwart her ability to obtain an abortion.
The trouble began when the teen learned she was pregnant in February 2015, and confided in a teacher at her high school. That teacher told other staff members, setting off a chain of events that resulted in the teen being driven across state lines to a crisis pregnancy center—known as a CPC—without her mother’s knowledge or consent, where she was asked to sign a document indicating that if she were to seek an abortion, she was being coerced into it. The CPC then faxed that document to area clinics. When the mother and daughter, who together decided to terminate the pregnancy, then went to an abortion clinic, staff informed them that they could not perform the procedure because of the document. Police arrived and threatened the mother with charges of fetal homicide if the daughter went through with the abortion.
When mother and daughter returned to the clinic a few days later, staff there had received a letter from Crampton, in which he falsely asserted that he represented the young woman and that she was being coerced into having an abortion by her mother. Crampton threatened to take legal action against the staff at the clinic if they provided the care the teen sought. Clinic staff again declined to provide the abortion at that time.
Rewire‘s investigation found that the anti-choice group Life Dynamics produced the initial document, which purported to show that the pregnant person in question signed away their rights to an abortion. The form, which was faxed to multiple third parties, also included the teen’s full name, address, date of birth, and social security number.
After hiring an attorney, the girl’s mother was able to help the girl obtain an abortion. Crampton never returned the mother’s attorney’s calls or emails, the attorney told Rewire. Crampton also did not reply to Rewire’s multiple efforts to obtain his comments for the investigation.
Based in Tupelo, Mississippi, Crampton faces three competitors for the position on the court.