August 25 - A federal court in San Francisco granted summary judgment in favor of a nationwide class of lawful permanent residents who to date have been denied documentary proof of their lawful status, or "green cards."

In a decision issued yesterday, U.S. District Court Judge Marilyn Hall Patel ruled that the Department of Homeland Security's (DHS) policy of withholding documentation from persons already determined to be lawful permanent residents by Immigration Courts was "arbitrary and capricious," and violated the DHS's nondiscretionary duty to issue documentation in a timely manner.

The plaintiffs in the litigation are represented by Cooley Godward LLP, the Texas Lawyers' Committee for Civil Rights, and the Mexican American Legal Defense and Education Fund (MALDEF).

"This ruling recognizes that thousands of lawful permanent residents nationwide have been wrongfully denied their proof of status," Javier N. Maldonado, executive director of the Texas Lawyers' Committee, said in a news statement.

"The Department of Homeland Security can no longer deprive thousands of lawful permanent residents of the essential documentation that enables them to work legally, obtain identification documents, and visit their families abroad," said Maldonado.

The lawsuit, Santillan, et al. v. Gonzales, et al., was filed in federal district court in San Francisco in July 2004. The class action suit charged that DHS offices nationwide are consistently rejecting and delaying lawful permanent residents' requests for documentation of their status.

"We feel vindicated by the court's conclusion that these green card delays were unreasonable and hurtful to many hard-working families across the U.S.," said Ricardo G. Cedillo, board chair of the Texas Lawyers' Committee. "This victory reminds us that the fight for freedom begins at home."

The DHS had acknowledged that as many as 12,539 persons determined to be lawful residents since October 1, 2000, had not yet received documentation of their lawful status. The DHS and Department of Justice had argued that their policies were justified by the need to conduct additional background checks on these individuals before issuing documentation.

The public interest litigation partnership of Cooley Godward's Pro Bono practice and the non-profit Texas Lawyers' Committee was facilitated by the Litigation Assistance Partnership Project (LAPP) of the American Bar Association (ABA).

A full copy of the summary judgment is available at www.cooley.com/LPR or www.txlawyerscommittee.org.