On April 12th, 2016, in Santa Fe, New Mexico, MALDEF announced that the state legislators have filed a joint lawsuit in attempts to stop the continuation of the unlawful withholding of millions of US dollars from immigrant taxpayers that use ITINs, short for federal Individual Tax Identification numbers, to file their reports. Their lawsuit is against the New Mexico Taxation and Revenue Department (“TRD”), which is the department responsible for withholding this money and this discriminatory policy.
MALDEF believes that, “The Taxation and Revenue Department has usurped the authority of New Mexico lawmakers by creating a discriminatory policy never reviewed or approved by the legislature.” Southwest Regional Counsel, Marisa Bono states, “We look forward to representing these elected officials as they seek to restore balance to the separation of powers.”
MALDEF is ethical in their stance to represent the three New Mexico state legislators who are filing this case against the department, due to the fact that this department is overstepping their boundaries and essentially imposing their own rules without proper government approval. According to Democratic Sen. Gerald Ortiz, given the same documents, the federal government gave them (the immigrants) the refund back without any issues. Before 2012, New Mexico was also providing these refunds, then all of the sudden they decided that there was, “something wrong with giving refunds back to people who are undocumented.”
This discrimination that is felt towards the Latino population, especially immigrants, is what brings about unification and fuels the fire to fight to bring an end to it. Eric Hoffer, in his book, “The True Believer,” notes that unification is, “more a process of diminution than of addition. In order for a person to be assimilated into the collective medium, a person has to be stripped of his individual distinctness.” This is exactly what this New Mexico department is doing as they make immigrants feel like lesser individuals when they deprive them of this right, in addition to others. The federal government provides these rights, while the own state in which these immigrants reside in does not. This message and discriminatory action simply rallies the Latino population together, unifying them as they ask for a call to action. Now they are receiving a reaction to this request of theirs as three state legislatures, with the help of MALDEF, seek to restore justice and bring an end to this New Mexico policy.
Citations:
Alikhani, L. (2016, April 13). Santa Fe judge considering injunction filed by MALDEF. Retrieved April 21, 2016, from http://www.koat.com/news/santa-fe-judge-considering-injunction-filed-by-maldef/38995372
THREE STATE LEGISLATORS SEEK TO JOIN LAWSUIT AGAINST NEW MEXICO TAXATION AND REVENUE DEPARTMENT. (n.d.). Retrieved April 20, 2016, from http://www.maldef.org/news/releases/2016_04-12_Three_State_Legislators_Seek_To_Join_Lawsuit_Against_NM_Tax_Department/