Immigrant rights group sues APS
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Immigrant rights group sues APS
By Megan Arredondo
Tribune Reporter
May 26, 2005
Saying it doesn't want students to fear going to school, an immigrants' rights organization has sued the Albuquerque Public Schools, police and the U.S. Border Patrol over the detention of three high school students.
The Mexican American Legal Defense and Education Fund filed the lawsuit Wednesday in U.S. District Court in Albuquerque.
The lawsuit stems from a March 2004 incident at Del Norte High School in which three students were turned over to the Border Patrol after an Albuquerque police officer suspected their identities were fake. The students were detained while on school property.
"We're looking for injunctive relief," said attorney David Urias of the legal defense fund. "We're seeking a change in policy and customs within Albuquerque Public Schools, the police department and the Border Patrol."
The lawsuit claims the students' constitutional rights were violated as they were "unreasonably stopped and detained . . . without probable cause" by officials who "deprived plaintiffs of a public education." It also says school officials gave false information to authorities by telling them the three were not enrolled students.
The lawsuit seeks actual, compensatory and punitive damages for the plaintiffs.
"We don't want students fearing going to school," Urias said. "We don't want them to fear being singled out by authorities."
Padres Unidos, an organization of parents and students which seeks to ensure public education in New Mexico to all children, is also listed with the three students as a plaintiff in the case.
The three students, who are originally from Chihuahua, Mexico, are under orders to leave the country by June 1, Urias said, meaning they might not be able to attend the trial.
Attorneys representing the three will travel to El Paso to try to obtain permission to keep them in the United States, he said.
School district spokesman Rigo Chavez said he could not comment directly on the lawsuit.
However, Chavez said the district has a policy that guarantees education for students no matter their immigration status.
"Recently we've been working to strengthen that policy," Chavez said referring to recent efforts by the Board of Education.
John Walsh, a police spokesman, said the department had not received a copy of the lawsuit as of Wednesday afternoon, and therefore could not comment.
Doug Mosier, a spokesman for the U.S. Border Patrol, said the department would not comment on pending litigation.
