Maria Santillan v John Ashcroft
Legal Residents Sue for Green Cards
A class action has been filed against John Ashcroft, the Department of Homeland Security and others for failing to issue documentation (green cards) to lawful permanent residents (LPRs) of the United States. Class members allege that the government's inaction has caused them profound injuries such as the inability to attain employment and fear of being detained or deported.
Class members claim that without proper documentation, they cannot re-enter the United Sates if they travel abroad, obtain Social Security cards, drivers' licenses, in-state tuition and financial aid for college and unemployment benefits.
Specifically, the complaint alleges that Maria Santillan, a native of Mexico, has lived in the U.S. for almost 20 years. In May 2003, she was granted LPR status on the basis that she and her mother were victims of abuse by her father. Sixteen months later, she has not received proof of that status. She lost her job with a major retail chain where she was about to be promoted, because she could not prove she was authorized to work.
Class members seek mandamus (a command to perform a lawful duty), declaratory and injunctive relief. The case, filed in July of 2004, was granted class certification on October 14, 2004.
