Padilla et al. v. Ridge et al.

United States District Court for the Southern District of Texas

In this case, lawful permanent residents are claiming that the Department of Homeland Security violated their rights as they are being refused proof of their lawful status. Without proof of their legal status, the immigrants are prevented from working, going to school, or traveling abroad. The Texas Lawyers Committee and the Mexican American Legal and Educational Fund filed the class action suit. The lawsuit is seeking relief for all persons who were or will be granted legal permanent resident status in the Harlingsen, Houston and San Antonio immigration districts. 

The lawful permanent residents have made several requests to DHS to provide documentation of their lawful status. The immigrants fear not being able to show that they have legal status in circumstances where they come in contact with state and federal officials. “The DHS must give legal permanent residents proof of their lawful status so that they can take care of their families and contribute to society,” said, Joe Berra, staff attorney for MALDEF. “Without their ‘papers’, their hard won freedoms are meaningless.”

DHS has informed the parties that they would be notified by mail of a return date to complete processing. The delays have lasted from months to years. The immigrants in this case are expecting the DHS policies to be declared unlawful, prohibit DHS from denying documentation of LPR to the plaintiffs, and order the agency to immediately issue temporary documentation to the plaintiffs. Javier N. Maldonado, Executive Director of the Texas Lawyers’ Committee explained, “the law is clear: the moment an Immigration Court grants lawful permanent resident status, an individual acquires the right to work, go to school and travel abroad.”