Kasich and Bush: More Like Other Extreme GOP Candidates Than Perceived

This post by PFAW Political Director Randy Borntrager was originally published in the Huffington Post. 

Discussions of Governor Kasich's role in the 2016 election have centered around his strategy of defining himself to voters as an alternative to Jeb Bush: a moderate, compassionate conservative without Bush's last name. This strategy presupposes that both Bush and Kasich are in fact middle-of-the-road Republicans who hold moderate positions that would make them electable next November.

That proposition is false. While Kasich and Bush certainly took a more measured tone in the first Republican debate compared to, say, Donald Trump, their policy positions and records as governor in Ohio and Florida show that they're just as extreme and far-right as the rest of the Republican field.

Few issues demonstrate the extreme agenda of Bush, Kasich, and the Republican Party more than a woman's right to choose. Kasich has directly targeted access to legal abortion in Ohio though enacting medically unnecessary, cumbersome laws that closed abortion clinics. He signed a bill including a policy that restricts rape crisis counselors from providing referrals to abortion services to rape survivors. Jeb Bush calls himself the "most pro-life governor in modern times." As governor, he tried to restrict the ability of a mentally disabled rape victim to have an abortion. The "Scarlet Letter" law enacted during Bush's term as governor required a single mother who did not know the father of her child to pay for a month-long newspaper ad before putting her child up for adoption. The ad had to include personal details about the mother and her sexual history, complete with dates and locations where the child could have been conceived. Bush and Kasich are just as bad as their fellow candidates like Scott Walker, who recently signed a 20-week abortion bill even though he promised voters in his last campaign that the right to choose is between a woman and her doctor; or Marco Rubio, who co-sponsored a 20-week abortion bill in the Senate.

On Social Security, Kasich and Bush support former President George W. Bush's plan to privatize Social Security. Had his plan been enacted, the stock market crash of 2008 would have decimated Social Security savings of seniors across the country. That doesn't seem to bother anyone in the Republican field other than, of all people, Donald Trump. He's actually spoken out against cuts to Social Security and Medicare, calling them "not fair" to workers. On immigration, Kasich and Bush have used less offensive language than Donald Trump, but both - and the rest of the leading Republican candidates - oppose President Obama's policies that protect DREAMers and families from deportation. Neither Bush nor Kasich nor any leading Republican candidate supports comprehensive immigration reform with a path to citizenship, even though that's a commonsense policy that would enable undocumented immigrants to come out of the shadows, stay with their families, and contribute to the American economy.

Kasich and Bush have reiterated time and again that their economic experience would make them ideal presidential candidates. The extreme GOP base might like those policies, but the fact is, they've made it more difficult for working class families to get ahead. After accounting for inflation, the average Ohio household earned less in 2013 than it did in 1984. Kasich's 2015 budget cut taxes by only $24 for middle-class Ohioans, raised taxes by $20 for taxpayers in the lowest income bracket, yet included a $10,000 tax cut for the wealthiest Ohioans. Bush keeps trumpeting his tenure as governor, but as the Washington Post reported, "Florida owed a substantial portion of its growth under Bush not to any state policies but to a massive and unsustainable housing bubble -- one that ultimately benefited rich investors at the expense of middle-class families." Bush also provided tax cuts to the wealthiest Floridians while cutting funding for essential programs for senior citizens and children. Kasich and Bush's failed economic policies are par for the course for Republican candidates: Bobby Jindal and Chris Christie have both been hammered for their states' economic woes.

Far-right policy positions defined the gubernatorial terms of Bush and Kasich. Now that they're running for president, we can't let them run from their records. Bush and Kasich's extreme agendas are in line with every single other Republican candidate that was on stage during the first debate.

Randy Borntrager lives in Ohio and is the political director of People For the American Way, D.C.-based progressive advocacy organization. He has previously served as chief of staff for U.S. Rep. Mary Jo Kilroy and the communications director and interim executive director of the Ohio Democratic Party.


Who Said It? Donald Trump Or Another GOP Candidate?

Think Donald Trump’s rhetoric on immigration is leaps and bounds worse than the rest of the Republican candidates running for president?

Test your knowledge by taking our quiz! Each of the statements below were made by Donald Trump or one of the other GOP candidates in the 2016 race.


Who Said It?


Donald Trump Grows More Toxic By the Day

Donald Trump began his campaign for the presidency with incendiary remarks about immigrants, and he has not let up. During his first speech as a candidate, Trump stated "when Mexico sends its people, they're not sending the best. …  They're bringing drugs, they're bringing crime. They're rapists.” Despite the backlash to his comments, Trump has doubled down on his extremist views on immigration. In an interview with NBC, Trump said “there's nothing to apologize for” and added that any immigration policy less strict than his own would “let everybody come in… killers, criminals, drug dealers.”

Now, companies are responding by severing ties with Trump. Univision pulled out of its contract to broadcast Trump’s Miss USA pageant and NBC cut all ties with Trump, dropping not only the Miss USA and Miss Universe pageants, but also Trump’s role in Celebrity Apprentice. With this list continuing to grow, one organization is conspicuously missing: the Republican National Committee.

PFAW’s partners at the Latino Victory Project are calling on RNC Chairman Reince Priebus and the Republican Party to renounce Trump as a candidate for the Republican nomination for President. With the Republican Party claiming that they are committed to strengthening ties with the Latino and immigrant communities, surely it is time for the RNC to reject a candidate who makes such hateful and racist remarks. 


PFAW’s Drew Courtney Discusses Jeb Bush on ‘The Big Picture’

On Tuesday, PFAW Communications Director Drew Courtney joined Thom Hartmann on his program ‘The Big Picture’ to talk about Jeb Bush’s far-right agenda. Courtney critiqued Bush’s plans to privatize Social Security, his support of legislation that shamed women, and his stance on immigration.

Courtney challenged Bush’s label as a moderate, explaining his similarities to extreme conservatives like Scott Walker and Rick Santorum:

[Bush] has not just a record of rhetoric around these issues, pushing really ideologically extreme positions, but he has a record as governor showing what he’ll do when he’s in power, and I don’t think there’s any reason to assume he’ll be either more moderate or more responsible or more reasonable in the White House than he was in the Florida governor’s mansion.

Bush’s views on immigration fail to match the “kind things” he says about immigrants and their families, Courtney said. The presidential hopeful does not support a path to citizenship for the millions of undocumented immigrants residing in the country; a recently released Spanish-language ad from PFAW challenges his stance on this issue and on his opposition to raising the minimum wage. Courtney concluded by emphasizing how important it is for communities to realize the true intentions of all 2016 GOP candidates. He explained, “They are pushing radical policies that the Koch brothers love, and we need to make sure people understand that.”

Watch the full video here:



PFAW's New Spanish-Language Ad Criticizes Jeb Bush For His Record on Immigration, Minimum Wage

As Jeb Bush formally announces his presidential campaign today, People For the American Way launched a Spanish-language digital ad challenging his record of extremism. The ad highlights his opposition to raising the minimum wage and his stance against a path to citizenship for undocumented immigrants, two issues important to the Latino community.

The ad is running on social media and, starting this morning, in Florida, Colorado, North Carolina, and Virginia.


PFAW Calls Out Ted Cruz for His Doublespeak on Immigration

If Ted Cruz is so proud of his anti-immigrant stance, why won't he talk about it in Spanish?

In launching his campaign this week, Ted Cruz released an English-language video celebrating both his immigrant history and his work “putting everything on the line to stop President Obama’s illegal and unconstitutional amnesty.” But in the Spanish-language version, Cruz again celebrates his immigrant history, but makes no mention of his anti-immigrant leadership.


Read People For the American Way's statement calling out Cruz for his doublespeak.


Seriously? Republicans Target Birthright Citizenship Again?

This op-ed by Randy Borntager, Political Director of People For the American Way, was originally published at The Huffington Post.

After the vast majority of Republicans voted to shut down the Department of Homeland Security to oppose President Obama's immigration actions, and with Republicans blocking any hope of real immigration reform this Congress, it seems the anti-immigrant movement has instead decided to refocus its efforts on revoking the constitutional right to birthright citizenship.

Earlier this week, Republican Sen. David Vitter of Louisiana decided to introduce a birthright citizenship amendment to the bipartisan Justice for Victims of Trafficking Act of 2015. The amendment so far has just one cosponsor -- Sen. David Perdue of Georgia -- and it's unlikely that it will be included in the final bill, but this decision to tack an unconstitutional, anti-immigrant measure onto an important bill shows the priorities of Sen. Vitter and the Republican Party.

Sen. Vitter claims that his birthright citizenship amendment would help curb the issue of "birth tourism," recently in the news surrounding Chinese mothers coming to California -- often committing crimes in the process -- so their children can be born in the U.S. It would seem more sensible to tackle this issue through targeting the middlemen who NBC reports "pocketed hundreds of thousands of dollars tax-free," and the visa, tax, and marriage fraud that are often a key part of "birth tourism." Instead, Sen. Vitter and the many Republicans who support ending birthright citizenship are trying to use the issue as cover for their attacks on immigrants and attempts to revoke a core constitutional right.

The flaws of the conservative attacks on birthright citizenship have been well documented. First, it's blatantly unconstitutional. It's clear that the drafters of the 14th Amendment intended it to guarantee citizenship to everyone born in the U.S. The only exception -- in the words of one of the amendment drafter's, Sen. Jacob Howard -- is for people "who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States," as they are not, as the 14th Amendment requires, "subject to the jurisdiction" of the United States. Conservatives from Michael Gerson, a former George W. Bush adviser, to the anti-immigrant Lou Dobbs have viewed attempts to undermine birthright citizenship as unconstitutional.

It's also a terrible idea. Gerson wrote, "Anti-immigration activists often claim that their real concern is to prevent law breaking, not to exclude Hispanics. But revoking birthright citizenship would turn hundreds of thousands of infants into 'criminals'--arriving, not across a border, but crying in a hospital." The Migration Policy Institute also found that rather than decreasing the number of undocumented immigrants in America, as birthright citizenship activists claim, revoking the right would "likely increase dramatically" the number of people in the country without authorization, leading to the "establishment of a permanent class of unauthorized persons."

Sen. Vitter is not the only Republican promoting anti-immigrant bills instead of trying for real, bipartisan solutions on immigration. In January of this year, Rep. Steve King of Iowa re-introduced a bill aiming to repeal birthright citizenship. Sen. Rand Paul, Sen. Lindsey Graham, Speaker John Boehner, House Majority Whip Steve Scalise, Rep. Mike Coffman, and Rep. Joe Heck have all backed plans to revoke birthright citizenship in the past.

We need immigration reform. From improving the economy while reducing the deficit to ensuring that DREAMers and their families can live and work in the U.S. without fear of deportation, the benefits are endless. Not only have Republicans blocked comprehensive immigration reform when it had a real chance of passing, they're now trying yet again to bring up unconstitutional bills to drive their point home. That's not what responsible governing looks like, and for a party that says they're trying to attract more Latino support, they're certainly not shy about attacking immigrants for short-term political gain.


Republicans Stop at Nothing to Attack Immigrants

This op-ed by Michael Keegan, President, People For the American Way was originally published at The Huffington Post.

On March 3, the House of Representatives finally voted for a clean DHS funding bill. Much of the media reported that Republicans saw the irresponsibility of their threats to shut down Homeland Security and passed a clean bill. But they didn't, and no one should lose sight of that.

After trying every trick in the book to scuttle the bill, their leadership allowed the vote to happen, but Republicans never caved. Republicans voted over two to one (167-75)against the bill. It only passed because of full Democratic support.

It's clear that Republicans will stop at nothing to attack immigrants. The fact that national security was on the line was immaterial: Republicans saw an opportunity to display their animus toward all immigrants, and Latinos in particular, and they took it.

This publicity stunt gave Republicans the chance to pander yet again to the most virulent anti-immigrant members of their party. Take, for instance, William Gheen of Americans for Legal Immigration and his comments during the heat of the DHS fight in mid-February:

[I] wouldn't put anything past [the administration, because] the people who are supporting the organized and well-funded illegal alien invasion of our homeland have the blood of many thousands of Americans on their hands that have been killed, injured raped and robbed by illegal immigrants.

Sure, Gheen is a fringe extremist. But what he's saying is strikingly similar to what we're hearing from the Republican Party.

Kansas Secretary of State Kris Kobach, the architect of Mitt Romney's "self-deportation" strategy, entertained the suggestion that Obama's executive actions could eventually result in Latinos conducting an "ethnic cleansing" of their fellow Americans. Sen. Tom Coburn, Rep. Mike Kelly, and Rep. Louie Gohmert have also warned that the president's immigration policies could lead to violence.

While some in the GOP tried to tell a different narrative -- that this was just about reining in presidential excess and not about their being anti-immigrant -- the fact is that the entire Republican Party is at fault. Not one House Republican signed the discharge petition to allow even a vote on the Senate's bipartisan comprehensive immigration reform bill. And Senate Republicans who backed that bill, including Sen. Marco Rubio, now say they no longer support it. At this very minute, House Republicans are bringing up even more anti-immigrant legislation, including deportation-only legislation and a bill that would drastically change U.S. asylum and humanitarian protections to put domestic violence survivors and victims of human trafficking at serious risk.

Ultimately, it was Ann Coulter who summed up the Republican position on the DHS debate: Undocumented immigrants (she calls them "illegal aliens [who] have killed, raped and maimed thousands of Americans") pose a greater threat to our nation than does ISIS." While not all Republicans used language as biting as that, it was crystal-clear that Republicans believe that attacking immigrants, not funding DHS, should be the top priority.

Who would have imagined that a national party, never mind the Republican Party, would be so opposed to finding any solution for the almost 12 million undocumented people already here that they would risk our national security during the dangerous time we are in now? Yet that's the reality of the GOP today, and it's our responsibility to hold them accountable.


A Victory in the Fight for Fair Trials for Undocumented Immigrants

In an important victory for fair courts and the principle that justice is available to all, an appeals court in California today issued a decision granting a new trial for an undocumented immigrant whose immigration status was revealed to jurors despite its irrelevance to the issues in the case. People For the American Way had joined the UC Hastings Appellate Project and the ACLU of Southern California in submitting an amicus brief in the case, Velasquez v. Centrome, Inc. dba Advanced Biotech.

In this case, a former factory worker named Wilfredo Velasquez sued Advanced Biotech, Inc. for its alleged failure to tell his employer about the harms of a chemical he was exposed to while on the job — exposure which he says led to a devastating lung disease. But during the jury selection, the trial judge revealed to jurors that Velasquez was undocumented, an action that, in the words of our amicus brief, “unnecessarily injected prejudice into the selection process, making it impossible to know whether Mr. Velasquez received his constitutionally guaranteed fair trial by impartial jurors.” The threat to Velasquez’s right to a fair trial became clear when the jury concluded that Advanced Biotech had indeed been negligent — yet still awarded no damages to Velasquez, meaning that he, in effect, lost his case.

Fortunately, today the appeals court righted this wrong by granting Velasquez a new trial. The state appeals court noted that “cases both in California and in multiple other jurisdictions have recognized the strong danger of prejudice attendant with the disclosure of a party’s status as an undocumented immigrant.”  Indeed, we have seen how undocumented immigrants face ongoing hostility in our country.

As the amicus brief notes, every person, regardless of immigration status, has a right to “a verdict rendered by an impartial jury.” It is a right that must remain a foundational principle of our judicial system.


Judge With a Political Ax to Grind Strikes Down Obama's Immigration Action

A Bush-43 judge writes a ruling that in several ways seems more appropriate for a politician than a federal judge.
PFAW Foundation

Ted Cruz Vows to Damage Texas Courts in Response to Obama's Immigration Action

Ted Cruz urges a retaliatory freeze on all confirmations next year, which would cause particular damage to courts in his own state.

Republicans Said What About Immigrants?

Today PFAW is releasing a new digital ad in Virginia highlighting GOP Congressional candidate Barbara Comstock’s dehumanizing rhetoric toward immigrants. Taking a page out of former gubernatorial candidate Ken Cuccinelli’s playbook, who has compared immigrants to rats, last month Comstock compared immigrants to FedEx packages.

Comstock said in a recent debate: “Fedex can track packages coming in here all the time. We can track people who are coming into the country, and we can do that right.”

Beginning today, the ad (pictured above) will run in Northern Virginia until Election Day, as will a Spanish-language version of the ad. The text above the ad notes:

Virginia Republicans continue to use dehumanizing and degrading language towards immigrants. Hold them accountable on Election Day, November 4!

Comstock’s comment is just the latest example from a political party that continues to alienate the Latino community with its demeaning rhetoric and harmful agenda. Despite what GOP candidates may believe, immigrants are not rats, or Fed Ex packages, or dogs, or drug runners. That’s why PFAW is working hard this election cycle — in states including Georgia, North Carolina, Colorado, and Wisconsin — to highlight for Latino voters the harmful track records of GOP candidates, and encouraging voters to keep that in mind when they cast their ballots on Election Day.


Barbara Comstock’s “FedEx” Comments Part-and-Parcel with GOP Trend of Dehumanizing Immigration Rhetoric

In a debate yesterday, Barbara Comstock, GOP candidate for Congress from Virginia’s 10th District, compared the tracking of immigrants to the tracking of Fedex packages.

I think first and foremost we need to stop playing politics with this, secure the borders, and just do it. We know how to do it. Fedex can track packages coming in here all the time. We can track people who are coming into the country, and we can do that right.

Comstock is not alone in her dehumanization of people coming to the U.S. Last year, Ken Cuccinelli compared immigrants to rats: “It is worse than our immigration policy. You can’t break up rat families…and you can’t even kill ‘em.”

People in Virginia and around the country need to know about the hateful rhetoric coming from the Right and the extremist views held by candidates vying for leadership positions. These are not fringe conservatives, but candidates in contested races who could eventually influence how immigration policy is shaped and the way our country is run.

Immigrants are not Fedex packages to be tracked, families of rats, or drug runners with “calves the size of cantaloupes.”


Rhetoric on ISIS Shows the Right Wing Is Out of Touch with Reality

It’s not hard to understand that the Right Wing is out of touch, but sometimes it is hard to recognize just how out of touch its leaders really are.

Take, for instance, ISIS, the group of radical militants committing atrocities across Iraq and Syria, recently beheading two American journalists among many others. It’s a scary organization, but to the Right, it’s not as scary as, say, comprehensive immigration reform.

To Pat Buchanan, the threat of immigration and the “decomposition of this country” is significantly greater than that of ISIS. William Gheen of the anti-immigrant group Americans for Legal Immigration (ALIPAC) also claimed that undocumented immigrants are a greater threat to America than ISIS since, according to Gheen, “ISIS could cut off the heads of journalists once a month for the next five years and that’s not going to destroy America, but Obama’s pumping of illegal immigrants into the country will.”

Nor is immigration the only domestic issue the Right thinks bears a resemblance to a vicious foreign threat.

Vic Eliason and Mat Staver last week linked same-sex marriage in the U.S. to the beheadings by ISIS. According to Eliason and Staver, gay rights advocates are destroying morality and biblical values and creating an anything-goes society where people do whatever they need to—killing or beheading—to get what they want, just like ISIS.

What’s terrifying about these comments isn’t that they’re extreme, but that these right wing figures aren’t speaking in a vacuum. Their audience continues to represent an important part of the GOP base, and in some cases these speakers have a direct line to Republican politicians.

As progressives, we can’t ignore this extremism just because it seems disconnected from reality. For the far right, that’s never been an obstacle at all.


GOP on Immigration: No Wonder Poll Shows Latinos Prefer Democrat-Controlled Congress

A poll released last week by NBC/WSJ/Telemundo showed that Latinos prefer to see a Democrat-controlled Congress over a Republican one by a 2 to 1 margin, even while being frustrated with Washington as a whole. That’s no surprise considering the intolerant rhetoric coming from the Right Wing about immigration.

One need only to look at the last few weeks to appreciate the tenor of rhetoric coming from the GOP and its allies:


Yes, Latino Vote Can Have Big Impact This Election

The Latino population is growing, and with it a bloc of eligible Latino voters. From 2000 to 2010, the Latino population grew by 43% according to the Census bureau. That population has continued to grow from 2010 until today, making up over 16% of the total population, which means more Latinos than ever are becoming eligible to vote each year. Despite this growth, Nate Cohn argued in his New York Times column last week that this voting bloc won’t make a difference in the November elections:

“Yet the vote is unlikely to deal a severe blow to the [Republican] party’s chances in November’s midterm elections. Hispanic voters may be flexing their growing political muscles in presidential elections, but they have far less sway over the composition of the House or the Senate, particularly in 2014.”

While it is true that many of this year’s most critical Senate races aren’t in the states with the largest Latino populations, there are races in states where the growing Latino population can exercise major muscle and make a critical difference. Cohn’s argument fails to consider how this growing population coupled with the anti-immigrant rhetoric fueled by the Republican party can drive up Latino voter turnout this year. This can make a big difference in states with tight races.

In Colorado, for example, where the number of Latinos has grown significantly — by 41% between 2000 and 2010, now making up over 20% of the population —  this voting bloc can play a big role in a close race. Similarly, in states with tight races like Georgia and North Carolina, even though Latinos make up around 9% of the population, that population grew by 96% and 111% respectively since 2000. This dramatic growth makes this a voting bloc that can have a major impact in what are expected to be two very close elections.


The Right Wing's Immigration Hysteria: Round-Up

Here’s a round-up of last week’s Right Wing immigration hysteria:


PFAW Challenges Perdue’s Record in New Spanish-Language Radio Ad

Following David Perdue’s win last week in the Georgia GOP Senate runoff, People For the American Way released a Spanish-language radio ad today challenging Perdue’s history on jobs, workers’ rights, and immigration. The ad exposes Perdue’s record of exploiting workers in the private sector and his careless attitude about immigration reform, addressing issues important to voters.

This is the latest effort of PFAW’s award-winning Latino vote program working to mobilize Latino voters in key states, a constituency that can have a significant impact on elections, by highlighting the extreme views of GOP candidates.

Latinos currently make up more than 9 percent of Georgia’s population—enough to play a critical role in choosing the state’s next senator and governor.

The ad is running in Atlanta starting today until August 6. You can hear the Spanish version of the ad here.


The Right Wing's Inflammatory Reaction to the Border Crisis

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As we’re dealing with the refugee crisis on the southern border, right-wing elected officials have amped up their inappropriate, inflammatory rhetoric to dehumanize immigrants and attack immigration reform:

  • Sen. Ted Cruz announced last week that his new “top priority”  in Washington is to end President Obama’s deferred action program for DREAMers and deport undocumented immigrants who came to the U.S. as children. While trying to soften his appearance by bringing teddy bears and soccer balls to children at the southern border, he proclaimed that “as long as that promise of amnesty is there, more and more children will come... We need to eliminate the promise of amnesty.”
  • Rep. Louie Gohmert claims children being held are a problem because “we don’t even know what all diseases they have” and added that our healthcare system “can’t withstand the influx,” which, he believes was orchestrated by President Obama to recruit millions of people to cast fraudulent ballots for Democrats.
  • Sen. David Vitter has “had it with undocumented immigrants,” and tweeted on Friday that “enough is enough.” To deal with the crisis, he introduced a bill that would “require mandatory detention for anyone” that is in the U.S. illegally, in order to get “illegal aliens on the next plane home.” (Mother Jones calculated that this effort would require more than 64,000 planes to actually work.)
  • Rep. Tom Tancredo shared a similar plan when he said that President Obama should “sign an executive order saying all these people ought to be returned. Put them on buses or planes, send them back to the countries from which they came and have the governments there take care of it.”
  • Sheriff Joe Arpaio of Maricopa County, Arizona, claimed that these unaccompanied minors from Central America are probably “gangbangers” and questioned why they are being sent to this county in the first place.

Of course, elected extremists aren’t the only ones making outrageous statements:

  • The Minuteman Project’s Jim Gilchrist said this crisis is “part of a concerted effort to transfer populations of Central America and Mexico into the United States using minor children, illegal immigrants under the age of 18, as human shields… to detour our ability to enforce our immigration laws.”
  • The American Family Association’s Sandy Rios suggested the child refugees should be quarantined like lepers used to be, harking back to “biblical times” when the “lepers were separated” because it was “understood that leprosy was so contagious.” Rios' fretted that these children are transported in the “same planes that you and I fly in… How do we know about lice and disease before they get on public transportation?”
  • Jody Hice, running to replace Georgia Rep. Paul Broun in the U.S. House, suggested that people take up arms in response to “a government that refuses to secure our borders” because “that is the reason we have a Second Amendment.”

The Right Wing's inflammatory rhetoric distorts the reality of the crisis, causing more conflict and damage.


PFAW Files Amicus Brief Supporting Fair Trials for Undocumented Immigrants

Last Thursday, People For the American Way, joined by the UC Hastings Appellate Project (HAP) and the ACLU of Southern California, submitted an amicus brief to the California Court of Appeal in Velasquez v. Centrome, Inc. dba Advanced Biotech, a toxic tort case brought by an undocumented immigrant that resulted in a gross denial of justice.

Wilfredo Velasquez filed a lawsuit against a chemical manufacturer seeking damages for medical expenses after contracting a devastating lung disease due to exposure to one of the company’s toxic chemicals while on the job. During the jury selection process, where prospective jurors are questioned to discover potential biases, the trial judge wrongly disclosed Mr. Velasquez’s immigration status to the entire jury pool, despite the fact that it was not relevant to any issues in the case. The disclosure appears to have harmed Mr. Velasquez’s pursuit of justice: Even though the jury ultimately found the chemical manufacturer negligent, it awarded no damages to Mr. Velasquez. He effectively lost his case. The court refused to grant a mistrial for its error in possibly tainting the jury, and Mr. Velasquez appealed the verdict. 

PFAW submitted its amicus brief in support of a new trial for Mr. Velasquez because of the highly prejudicial nature of the court’s wrongful disclosure of his citizenship status, explaining, “Rather than protect against prejudice, the judge’s statement unnecessarily injected prejudice into the [jury] selection process, making it impossible to know whether Mr. Velasquez received his constitutionally guaranteed fair trial by impartial jurors.” Given the ongoing hostility towards undocumented immigrants, as chronicled by PFAW’s Right Wing Watch blog, PFAW’s brief urges the appellate court to find that when a trial court erroneously discloses a litigant’s citizenship status to the jury during voir dire a new trial must be awarded.

Read the full text of the amicus brief for more information