Our Family is determined to fight for justice. Taking this case to the Supreme Court may only give a slim chance to change my mother's deportation outcome, but it will leave a stepping stone for many others caught in the same situation. The well intended Motor Voter Law is entrapping non-citizens into registering to vote, and voting, and as a result causing deportations. We need your help to change this.
It is a rare circumstance to have the opportunity to present a case in front of the Supreme Court. This gives us hope that our actions will make a difference- with your help.
My name is Connie Fitzpatrick and I am here on behalf of my family. I am here for my mother, for her children, and for her grandchild... but especially for my mother's ten-year fight towards justice.
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My family and I came to the US in 2001, legally. My mom, Margarita Del Pilar Fitzpatrick, has always maintained a legal status while in the US. She has recently lost her US Permanent Residence as part of the deportation procedures. She now holds a working permit while she awaits a decision by the US Supreme Court as to whether they will consider her case. My sisters and I are U.S. Citizens, and so is my niece. We are active members of our communities and respect the rule of law.
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Education has always been a priority in our home. While raising three daughters as a single parent, my mom worked and attended college simultaneously. She eventually earned her degree and has served as a Registered Nurse in the State of Kansas and Virginia for the past three years and nine months. She has been accepted to the Doctor of Nursing Practice program in hopes of becoming a Family Nurse Practitioner and working with underserved populations. Unfortunately, due to the circumstances, she had to decline that offer. My mother has taught us to work hard for our dreams and that there is a possibility for everything. “Si Se Puede” (Yes we can) she would always say. She has also taught us to be just, to be active in our communities and to speak up... even when it is hard to do so. Like right now.
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She has fought towards justice for ten years and is now one step away from appealing to the Supreme Court. Our family, our community, and many others have made great efforts to take her case this far. As of today, Wednesday May 3, 2017 we only have 30 days to raise $37,000. This money makes it possible to pay the costs of renown immigration lawyer Richard Hanus as well as the costs of filing with the Supreme Court. (We have chosen to raise $39,960 to cover Indiegogo related fees).
This is what happened:
In 2005, just a few years after arriving in the U.S. and while renewing her driver's license at an Illinois state DMV, my mother was registered to vote as a part of customary protocol established by the 1993 National Voter Registration Act, which federally mandates that this service be offered to all patrons of the DMV regardless of their citizenship status. To make matters worse, this same law forbids DMV officials from discouraging anyone from registering, even clearly ineligible folks, like my mother, who should never have been asked to register to vote in the first place.
In fact, there are currently no procedural distinctions made between citizens and non-citizens during this federalized recruitment procedure. This means that, under this law, non-citizens are engaged and welcomed into the voter registration process as if they are citizens of the United States. This explains how, despite providing clear disclosure to the official that my mother was not a U.S. citizen, she was still recruited to fill out a voter registration form.
She was puzzled by the situation but was quickly given the form to fill out which did not provide a way to identify herself as a permanent resident and not a citizen. When she asked if this was legal and whether she was supposed to register, the DMV official advised her “it’s up to you”. As a result of not being provided with the only correct answer – which was NO, my mother understood the official’s words as permission to proceed to register. From there, as a result of filling out this form, she was unknowingly unlawfully making a claim to be a U.S. citizen. My mother eventually received a confirmation letter that she was allowed to vote. In the end, my mother believed that the DMV official knew the law better than her and would never mislead her or offer her an opportunity to commit an unlawful act. Well, the DMV official did mislead her, and because of that she faces immediate deportation.
Fortunately there is hope for change – This federalized process of soliciting non-citizens to register to vote was called into question by the Keathley v. Holder case of 2009, where a legal alien in a similar position successfully fought off deportation. In 2017 my mother appealed her case under the Seventh Circuit Court. Though her case was denied, it give us a step towards appealing to the Supreme Court.
We only have a short time to raise funds to cover Supreme Court filing fees, including the service cost of immigration lawyer Richard Hanus. Please help us with any amount you can so that we can make an appeal and keep families together.
I have made this video not just for my family, but also for awareness of how the 1993 National Voter Registration Act, also known as the Motor Voter Law, affects the lives of non-citizens. Together we can make a difference.
Attached below are brief publications that illustrate the faulty process of voter registration solicitation at DMVs, and other important public documents.
Links:
NBC National News Coverage:
http://www.nbcnews.com/nightly-news/peru-native-who-voted-illegally-two-u-s-elections-now-n746721
Application for Stay of Removal- Law Offices of Richard Hanus - US Department of Homeland Security I.C.E, Margarita Fitzpatrick
http://issuu.com/conniefitzp/docs/skm_c65817042401430
United States Court of Appeals For the Seventh Circuit- Margarita Fitzpatrick, Before Easterbrook, Williams, and Sykes, Circuit Judges. 2017
http://issuu.com/conniefitzp/docs/rssexec.pl
Seventh Circuit Federal Court Hearing- audio recording, Margarita Fitzpatrick. January 17, 2017
http://media.ca7.uscourts.gov/sound/2017/rs.15-2204.15-2204_01_17_2017.mp3
Accidental Voters and Disproportionate Immigration Consequences—Richard Hanus
http://www.usavisacounsel.com/articles/2506.htm
Two new Perks have been added to our fundraiser!
1) Justice For Margarita - Poster (large $300)
Original artwork by Dave Loewenstein. Each print will be one of a kind; hand cut stencils, spray paint, on artist paper.
2) Justice For Margarita - Poster (small $20)
Original artwork by Dave Loewenstein. A smaller version of the original "Justice For Margarita" porter. This will be printed on artist paper (11/17inches) and delivered to you by July of 2017.
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