Stewart v. Cherokee County, Georgia

January 19, 2007

Passed in December 2006, by the Board of Commissioners in Cherokee County, Ga., Ordinance 2006-003 seeks to remove individuals defined as “illegal aliens” from the county by penalizing anyone, including landlords, who allow such individuals to occupy any dwelling. The ordinance also requires property owners to collect and maintain immigration status documentation on all tenants and to provide that documentation to the county on request.

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In January 2007, a coalition of Cherokee County residents challenged the ordinance, claiming that it violates the Constitution and anti-discrimination laws in multiple ways. With the consent of the county, Judge Timothy C. Batten Sr. of the United States District Court Northern District of Georgia issued an order to block enforcement of the law and stayed the case until similar challenges elsewhere are resolved or the court orders otherwise

The ACLU of Georgia, the ACLU Immigrants’ Rights Project, the Mexican-American Legal Defense and Educational Fund, Troutman Sanders LLP and Hernan Taylor & Lee represent the plaintiffs. 

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