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Maria de Lourdes P. v. Riles, 1985

 File

Scope and Contents

The ACLU filed an amicus brief on behalf of Maria P., who in April of 1975 was a seven-year-old child who, through her mother as legal guardian and with support from taxpayers Arthur Torres (an Assembyman) and Richard Alatorre, filed suit against Wilson Riles, then Superintendent of Schools for the State of California, the El Centro Elementary School District, and its Board of Trustees. The plaintiffs issued a three-part complaint, which sought 1. to prevent Maria from being denied admission to school as a result of her noncitizen immigration status, 2. to prevent the school district from reporting her immigration status to the Board of Supervisors and to the Immigration and Naturalization Service, as was required by then Education Code section 6957, and 3. to prevent the State Superintendent of Schools from implementing Education Code section 6957 throughout the state.

On April 25, 1975, the court issued a temporary restraining order against the defendants, prohibiting them from reporting the names and addresses of noncitizen immigrant children to the INS. The school argued that it had never refused Maria admission, and that it was not in the practice of reporting children to federal or state authorities. However, they admitted that if, at any point, they received these instructions that they would honor them.

On September 16, 1975, the court issued a preliminary injunction that "found that Education Code section 6957 was in conflict with the federal Family Educational Rights and Privacy Act of 1974 and was therefore void under the Supremacy Clause of the United States Constitution." Defendant Riles was prohibited from reporting the identities fo noncitizen immigrant children, and was also instructed to "issue written instructions to every school district within the state prohibiting each from disclosing to federal authorities" the identities of these children. Riles failed to comply with this order by issuing a memorandum advising the district to decide for themselves whether they were obligated to comply with section 6957 "as currently written."

As a result, another hearing was held to determine whether Riles had complied with the terms of the injunction. Following the hearing, Riles was ordered to issue another memorandum "requiring the local districts to abide by the court's order and not release any identifying information to federal authorities." Riles complied.

Dates

  • 1985

Access Restrictions

Some case files in this series are restricted.

Extent

From the Sub-Series: 42.5 linear feet (33 record storage cartons and 3 legal document boxes)

Language of Materials

English

Repository Details

Part of the California Historical Society Repository

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