According to the Pew Research Center, the number of illegal immigrants in the United States now exceeds 11 million. Without an effective route to citizenship, American breeds a culture of national security problems because there is no option for these individuals other than those provided by people who skirt the law and often take advantage. Migrant workers and their families work to the benefit of business owners without proper protections and do themselves and all of America a disservice in the long run without a clear path forward.

The Foundation has provided support in legal actions aiming to allow local and state governments to act on illegal immigration security, reduce the number of delays and stays when deportation is justified, effectively secure the United States border, and grant the authority of custom officials to inspect all vehicles crossing the border into the United States from Mexico. Hundreds of immigrants die in the Arizona desert and elsewhere from dehydration every year trying to cross the border illegally, and the Foundation has argued that in the absence of a practical solution toward citizenship, stronger security measures are necessary for the protection of human lives.

In cases where the Foundation feels that Americans citizens have been disproportionately and negatively impacted by illegal immigration, we advocate to remedy the situation. For example, AEF has argued that California and Kansas should not allow illegal aliens to attend state universities at in-state rates while denying out-of-state applicants that same option and that illegal aliens should not be awarded multi-million dollar awards for healthcare in the United States when that same healthcare is available at lower rates in their home country.

Read about these Foundation legal actions and more in our Amicus Briefs below.

Case Name:
Arizona v. United States
Date Filed:
02/13/2012
Court:
U.S. Supreme Court
Foundation Action:

In this case, we argued that an Arizona law requiring law enforcement personnel to check on the immigration status of an arrestee when they have reason to believe the arrestee may be an illegal immigrant does not conflict with federal law but rather assists the federal government in enforcing federal immigration law. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Friendly House v. Whiting
Date Filed:
07/14/2010
Court:
U.S. District Court for the District of Arizona
Foundation Action:

In this case, AEF argued that a recent Arizona statute that seeks to identify illegal immigrants living in the state does not conflict with federal immigration law. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Kucana v. Holder
Date Filed:
10/05/2009
Court:
U.S. Supreme Court
Foundation Action:

The Foundation argued here that once courts have issued a final removal order for a deportable alien, they should not be allowed to delay the process by filing lawsuits to challenge the denial of their petition to stay in the U.S. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Martinez v. Regents of University of California
Date Filed:
08/31/2009
Court:
U.S. Supreme Court
Foundation Action:

The Foundation argued here that a California statute that grants illegal immigrants the right to attend California universities at in-state rates but denies the same right to U.S. citizens who live outside California violates federal law. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Nken v. Holder
Date Filed:
01/08/2009
Court:
U.S. Supreme Court
Foundation Action:

In this case, AEF argued to restrict the power of federal courts to delay the deportation of aliens while they appeal a removal order in the absence of clear and convincing evidence that the removal order was issued in violation of federal immigration law. We partnered with the Washington Legal Foundation on this action.

Verdict:
Partial victory.

Case Name:
Gray v. City of Valley Park
Date Filed:
08/15/2008
Court:
U. S. Court of Appeals for the Eighth Circuit
Foundation Action:

The Foundation argued in support of an ordinance adopted by a Missouri city that prevents businesses from hiring illegal immigrants. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Lozano v. City of Hazleton
Date Filed:
02/19/2008
Court:
U.S. Court of Appeals for the Third Circuit
Foundation Action:

The Foundation here argued that the City of Hazleton, PA should be allowed to enforce ordinances that prevent illegal aliens from renting housing or working within the city. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Lopez v. Gonzales
Date Filed:
08/23/2006
Court:
U.S. Supreme Court
Foundation Action:

In this case, AEF argued that the federal government should be required to deport all aliens convicted of drug-related felonies. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Paramount Citrus Association v. Garcia
Date Filed:
01/04/2006
Court:
California Court of Appeal
Foundation Action:

The Foundation argued here that illegal aliens should not be awarded multi-million dollar awards for healthcare in the United States that requires a stay in the United States when that same health care is available at lower rates in their home country where they would need to return as required by law. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Day v. Bond
Date Filed:
10/26/2005
Court:
U.S. Supreme Court
Foundation Action:

The Foundation argued here that a Kansas statute that grants illegal immigrants the right to attend Kansas universities at in-state rates but denies the same right to U.S. citizens who live outside Kansas violates a federal statute. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Cubas v. Martinez
Date Filed:
10/11/2005
Court:
New York Court of Appeals
Foundation Action:

In this case, the Foundation argued supporting new New York regulations increasing restrictions on the ability for illegal immigrants to obtain driver's licenses. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Jama v. Immigration and Naturalization Service
Date Filed:
07/22/2004
Court:
U.S. Supreme Court
Foundation Action:

In this case, the Foundation argued that illegal immigrants from Somalia, particularly felons, should be deported back to Somalia even if Somalia does not have a fully functioning government. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Clark v. Martinez
Date Filed:
05/07/2004
Court:
U.S. Supreme Court
Foundation Action:

Here, AEF argued that illegal immigrants, particularly those convicted of violent crimes, can be detained for over 6 months pending deportation to their native countries if the government determines they pose a danger to public safety. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
United States v. Flores-Montano
Date Filed:
11/26/2003
Court:
U.S. Supreme Court
Foundation Action:

In this case, the Foundation argued that U.S. custom officials should be allowed to inspect thoroughly all vehicles crossing the border from Mexico into the United States, regardless of whether the officials have reason to suspect the vehicle contains contraband. In this instance, a random search of a car's fuel tank uncovered 37 kilograms of marijuana. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Snyder v. Rosales-Garcia
Date Filed:
05/23/2003
Court:
U.S. Supreme Court
Foundation Action:

In this case, the Foundation argued against a decision that could ultimately involve the release from detention of over 1,000 illegal immigrants convicted of violent crimes and for continued detention despite long times to arrange deportation. We partnered with the Washington Legal Foundation on this action.

Verdict:
Loss

Case Name:
Ambros-Marcial v. United States
Date Filed:
04/11/2003
Court:
U.S. District Court for the District of Arizona
Foundation Action:

The Foundation argued in this case that making border crossings easier for illegal immigrants would only encourage more illegal immigration which currently results in the deaths of over 100 immigrants each year who die by dehydration in the Arizona desert. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Demore v. Kim
Date Filed:
08/28/2002
Court:
U.S. Supreme Court
Foundation Action:

In this case, the Foundation argued that the federal government should have the authority to detain, pending deportation, those permanent resident aliens ordered deported because they have been convicted of aggravated felonies. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory

Case Name:
Riley v. Radoncic
Date Filed:
05/31/2002
Court:
U.S. Supreme Court
Foundation Action:

AEF argued here that federal government should have the authority to detain, pending deportation, illegal aliens ordered deported because they have been convicted of aggravated felonies. We partnered with the Washington Legal Foundation on this action.

Verdict:
Victory