Day Laborers’ Lawsuit Casts Spotlight on a Nationwide Conflict

“The case accuses village officials of harassing the workers as part of a “deliberate and coordinated” campaign to drive them off the streets, and rests on the workers’ 14th Amendment claim that they are discriminated against because they are Hispanic. At the start of the trial, they dropped their original First Amendment claims ”” that the village had violated their rights to free speech and free association ”” out of concern that it would force them to reveal their immigration status. The plaintiffs say they are remaining anonymous because they fear retaliation from the authorities. Their lawyer said some of the workers were here legally, while others are not.

“If we lose, the signal that is being sent is that towns and villages can aggressively enforce ordinances in a way that might make it impossible for the day laborers to find work,” said Cesar A. Perales, president of the Puerto Rican Legal Defense and Education Fund. “That’s what’s being tested here.””

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