Federal Appeals Court Upholds Day Labor Ban

The courts have delivered a mixed bag for immigrants in recent days. The Supreme Court issued abreakthrough decision for immigrants yesterday, restoring some judicial discretion to the deportation process. But in California, a federal appeals court upheld a local statute last week that essentiallycriminalizes the day labor market…Civil liberties groups argue these restrictions violate both constitutional and human rights law. The New York Civil Liberties Union legislative counsel Udi Ofer's testified in 2007 before the U.N. Special Rapporteour on the Human Rights of Migrants: [C]onstitutional protections, such as those contained in the First Amendment, apply to citizens and non-citizens alike For example, courts have long recognized that individuals have a right to solicit employment in public spaces. Yet for the past year, municipalities have attempted to prohibit immigrant day laborers from congregating along roadways for the purpose of finding employment. Lawmakers appear to care little about the constitutional deficiencies contained in their legislation, and instead turn responsibility over to the courts to determine whether legislation is appropriate, and in the process waste precious government resources when the courts eventually strike down such legislation.