Illinois Migrant Council, Etc. v. Alva L. Pilliod, Etc.

Seventh Circuit

Illinois Migrant Council, Etc. v. Alva L. Pilliod, Etc.

548 F.2d 715

CourtCourt of Appeals for the Seventh Circuit

DecidedJanuary 26, 1977

Docket75-2019

StatusPublished

Cited by51 cases

This text of 548 F.2d 715 (Illinois Migrant Council, Etc. v. Alva L. Pilliod, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Illinois Migrant Council, Etc. v. Alva L. Pilliod, Etc., 548 F.2d 715 (7th Cir. 1977).

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Opinion

ORDER UPON REHEARING IN BANC

On consideration of the arguments in banc, Chief Judge Fairchild and Judges Swygert and Cummings vote to affirm. Judges Pell, Sprecher, Tone, and Bauer vote to reverse and completely vacate the injunction of the District Court. Judge Wood votes to reverse in part and vacate paragraph (b) of the preliminary injunction * so that it can be modified to prohibit an agent who does not have a belief, based on specific articulable facts, that a person he wishes to interrogate is illegally in the United States, from detaining that person by force, threat of force, or a command based on the agent’s official authority, but not prohibiting the agent from questioning that person, without such detention, concerning his right to be in the United States, if the agent reasonably believes the person to be an alien. He votes to affirm the remainder of the District Court’s order.

Since there is a majority to vacate paragraph (b) of the preliminary injunction and remand for modification in the manner favored by Judge Wood, that part of the order of the District Court is reversed and remanded for further proceedings consistent with this order. The remainder of the District Court’s order is affirmed by an equally divided court.

*

Paragraph (b) of the preliminary injunction prohibits the defendants from

“arresting, detaining, stopping, and interrogating or otherwise interfering with plaintiffs or any person of Mexican ancestry or of a Spanish surname who is, will be or has been lawfully present in the Northern District of Illinois, unless they possess a valid warrant to search or arrest such person, have probable cause to search or arrest such person without such a warrant, or have reasonable suspicion based on specific articulable facts that such person is an alien unlawfully in the United States.” 540 F.2d 1062 at 1067.

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ORDER UPON REHEARING IN BANC

On consideration of the arguments in banc, Chief Judge Fairchild and Judges Swygert and Cummings vote to affirm. Judges Pell, Sprecher, Tone, and Bauer vote to reverse and completely vacate the injunction of the District Court. Judge Wood votes to reverse in part and vacate paragraph (b) of the preliminary injunction * so that it can be modified to prohibit an agent who does not have a belief, based on specific articulable facts, that a person he wishes to interrogate is illegally in the United States, from detaining that person by force, threat of force, or a command based on the agent’s official authority, but not prohibiting the agent from questioning that person, without such detention, concerning his right to be in the United States, if the agent reasonably believes the person to be an alien. He votes to affirm the remainder of the District Court’s order.

Since there is a majority to vacate paragraph (b) of the preliminary injunction and remand for modification in the manner favored by Judge Wood, that part of the order of the District Court is reversed and remanded for further proceedings consistent with this order. The remainder of the District Court’s order is affirmed by an equally divided court.

*

Paragraph (b) of the preliminary injunction prohibits the defendants from

“arresting, detaining, stopping, and interrogating or otherwise interfering with plaintiffs or any person of Mexican ancestry or of a Spanish surname who is, will be or has been lawfully present in the Northern District of Illinois, unless they possess a valid warrant to search or arrest such person, have probable cause to search or arrest such person without such a warrant, or have reasonable suspicion based on specific articulable facts that such person is an alien unlawfully in the United States.” 540 F.2d 1062 at 1067.

International Ladies' Garment Workers' Union, Afl-Cio Herman Delgado Ramona Correa Francis Labonte and Maria Miramontes, on Behalf of Themselves and All Persons Similarly Situated v. Joseph Sureck William French Smith Leonel J. Castillo and the Immigration and Naturalization Service, the International Ladies' Garment Workers' Union, Afl-Cio Herman Delgado Ramona Correa Francis Labonte and Maria Miramontes, on Behalf of Themselves and All Persons Similarly Situated v. Joseph Sureck Gil Clarin James Robinson William French Smith Leonel J. Castillo and the Immigration and Naturalization Service

681 F.2d 624 (Ninth Circuit, 1982)

Mendoza v. Immigration & Naturalization Service

559 F. Supp. 842 (W.D. Texas, 1982)

Orantes-Hernandez v. Smith

541 F. Supp. 351 (C.D. California, 1982)

Roman Babula, Zdislaw Drzymala, Abigniew Weszandize, Josef Pilat, Stanislaw Kowalczuk, Andrzej Lonc v. Immigration and Naturalization Service

665 F.2d 293 (Third Circuit, 1981)

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548 F.2d 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-migrant-council-etc-v-alva-l-pilliod-etc-ca7-1977.

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