DOJ: Lawsuit should proceed over town’s police fines

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The Justice Department is urging a federal judge to let a class-action lawsuit go forward against an Alabama town accused of policing for profit with excessive fines and aggressive enforcement of local laws.

The U.S. attorney’s office this week filed a statement of interest in the civil lawsuit against Brookside. The lawsuit was filed by four people who paid hundred of dollars in fines and said they were humiliated by what they described as a scheme to boost town revenue.

Brookside is seeking to dismiss the lawsuit. The Justice Department argued that it should proceed against the police department and local officials.

“Courts, prosecutors, and police should be driven by justice—not revenue,” an assistant U.S. attorney wrote in the court filing.

The Justice Department said the United States has an interest in enforcing federal laws regarding the imposition and enforcement of unlawful fines and fees. “The United States also has an interest in addressing practices that punish people for their poverty, in violation of their constitutional rights.”

Al.com reported in January that Brookside, which has a population of 1,253, saw revenue from fines and forfeitures jump 640 percent between 2018 and 2020 and grew to make up half the city’s total income.

Lawyers for the town, in seeking to dismiss the case, wrote in a court filing that, “very little is necessary to show that the fines and fees imposed by the Town of Brookside and/or the Brookside Municipal Court are rationally related to a governmental interest.”

Institute for Justice, a group representing the plaintiffs in the case, welcomed the Justice Department action.

“The Justice Department’s statement recognizes that Brookside’s abusive system of policing for profit violates the Constitution, and that the town should be held accountable,” Jaba Tsitsuashvili, a lawyer with the group, said in a statement.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.