Archive

Posts Tagged ‘SB1070’

Supreme Court of the United States of America Did What??

June 26, 2012 2 comments

So…I’ve had a few hours to figure out this whole Supreme Court, SB1070 ruling and it’s pretty clear.  We might be ok.

Now, it’s not the perfect decision.  The one provision that scared the crap out of me is still a

Courtesy of ACLU Nationwide

haunting threat to our communities of color.  However…it could be a lot worse, I suppose.  I mean, it’s the Supreme Court of the United States! They’ve not been gentle to us in the last few years, so I’m extremely surprised that we got at least 3 out of 4 on this one.

According to the ruling:

“The Supreme Court struck down three central sections of Arizona’s law, which had been regarded by opponents as the most harsh. In allowing the “show-me-your-papers” provision to stand, the court accepted, for the time being at least,
Arizona’s word that police officers would not engage in racial profiling as they put it into practice.” 

For more (clearer and easier language) information pertaining to this ruling, please check out Amy Howe’s, “SB1070: In Plain English.”

So, although Governor Jan Brewer declared a victory yesterday, those who were victorious are the countless organizers on the ground in many parts of the nation where anti-immigrant/anti-Latino laws have sprung up in the last few years and are prepared to face the overwhelming possibilities of legalized “racial profiling” this country has not seen since the times of Jim Crow.

There was a silver lining, however, with today’s announcement, in terms of law enforcement taking positive steps to making sure our communities are safe.  Unlike Sheriff Arpaio, who is no stranger to breaking laws within his own state of Arizona (and is committed to make no changes on his end with this Supreme Court decision) others were not quick to defend the upheld policy themselves.

Phoenix Police Chief Daniel Garcia attempted Monday to reassure residents that police will not discriminate based on race, saying that he will not tolerate profiling and that the agency will continue to concentrate resources on violent criminals and property crimes.

Furthermore, in a move by the Obama Administration, one in which Governor Brewer called, “political,” Homeland Security revoked 287 (g) agreements in Arizona, creating even more friction between the “states-rights” Governor and the Obama Administration.

In terms of the immigration debate, it’s no surprise that President Obama’s announcement on June 15 and the Supreme Court decision will only become a wedge issue between the President’s re-election efforts and flip flopping Mitt Romney’s prospects.  For a Republican Presidential candidate attempting to regain some confidence amongst the immigrant community, his delayed responses to the June 15 announcement and again yesterday provides very little hope for any mass support especially after Mr. Romney’s long awaited comment of, “And there are states now under this decision have less authority, less latitude, to enforce immigration laws

This comment did very little to settle any uneasiness I’ve had with the candidate in regards to this issue.  Not sure how much better it is now for immigrant right’s and legal advocates across the country.

So…who won?

Every where you looked, both sides declared themselves a winner.  All over Fox News, Governor Jan Brewer and Joe Arpaio, the main proponents of this bill, both declared victory for states rights in this country.  However, after much further review of reports, it seems that the real winner was the Obama Administration who challenged SB1070 and opponents of the bill who have worked hard the last two years to organize communities around this racially charged law.

Adam Serwer, a reporter for Mother Joneswrites about how the media got yesterday’s ruling all wrong.  Reflecting on a post written by Adam Winkler, a professor at the University of California Los Angeles School of Law, stated the following:

“Although some early news reports said that the court upheld this “show me your papers” provision, that wasn’t quite right. The court determined that it didn’t have enough information about how the law worked in practice, especially considering the law explicitly commands the police not to engage in racial profiling. So the justices sent the dispute over this provision back to the lower courts for further fact finding. Nevertheless, the court specifically noted that if this law led to racial profiling, as I suspect it will be concluded, the law would be invalidated.”

The good news is, the Supreme Court may have, in effect, found the entire law itself unconstitutional.  The bad news is, many people in our communities will have to be subjected to racial profiling for the courts to determine that the upheld provision was in fact, unconstitutional.

The proof is in the numbers.

Until then, we continue to rely on our communities and our leaders, to do the right thing in hopes that laws like SB1070, never see the light of day.

Advertisements

Arizona’s SB 1070: What If My Family Were The Supreme Court?

April 25, 2012 6 comments

“I’m not a social worker, I’m a cop.”

These words came out of the most infamous sheriff we know of today, Joe Arpaio. But it might as well have come out of the mouth of one of my cousin’s over the weekend. A state trooper, he finds the idea of illegal immigration a scary situation for our country and, “a matter of national security.” As serious as this may sound, he also was unable to provide any specific reasons other than, “these people are breaking the law.” Sidenote: Both of his parents were born in Mexico.

I have been an immigrant rights activist for over ten years now and defending the immigrant community has never gotten easier. In fact, it has gotten that much tougher. On the eve of SB1070’s oral arguments in the highest court in the land, the judicial fight has only just begun. Yet, the divisive issue of immigration reform (or lack thereof), amongst our Latino community specifically, is alive and well and perhaps a long and winding road.

It’s funny. I usually joke about my Mexican family and how they are the root of my blog material, but it can’t be further from the truth. With so much diversity amongst my people, you wouldn’t expect anything less. Although I’m psyched for the material, the debates are always awful and never easy to write about.

Never.

In the case of Arizona’s SB1070, my family’s debate and/or conversations about immigration sound a lot like individuals who call in to a radio show. Let’s take for example, On Point with Tom Ashbrook, who yesterday morning, discussed in great detail, SB1070 and the Supreme Courts decision to begin to hear oral arguments tomorrow. As I listened in, I couldn’t help but compare the callers calling in to the conversations I had over the weekend with my own family. Some callers provided great insight on the issue, but then there were the other callers who were incredibly disingenuous, providing no real concrete information other than their biased feelings towards the issue of illegal immigration. Like a few in my family.

So I ask myself. If I’m an immigrant activist, who has been defending the rights of undocumented immigrants for years, how is it that I plan to make a difference in the overall immigration debate of this nation when I can’t even influence those within my own immediate family?

I don’t know.

I am confused and nervous tonight because the Supreme Court, like the anti-immigrant members in my own family, may get this whole SB1070 wrong. Come June, the Justices may rule for Arizona and uphold the disastrous law we’ve come to know.

What if?

So far in the last two years, activists and supporters have tried their best to alleviate the burden on undocumented immigrants, appealing the law and its legalities, getting the courts to successfully rule the laws unconstitutional. In other cases, law enforcement have felt that they’re too overextended so have chosen not to pursue enforcement of the law. However, by Supreme Court ruling for Arizona, the floodgates would open up big time, making things much worse under very unimaginable circumstances. If we thought things were bad now, they will only get worse.

Politically, Democrats and immigrant rights activists have begun to strategize, looking at different scenario’s if and when the Supreme Court rules in favor of SB1070. If the ruling comes in June, that’s five months prior to the presidential election, which means the Democrats in Congress can send an anti-SB1070 bill up for a vote, Republican’s will be forced to take a side and the Democrats will come out as the one to choose, right? Sounds all nice and dandy, doesn’t it? The problem with this however, is that the Latino vote will once again be used for political gain. How do we know we won’t be used and taken for a ride once again, to only be disappointed in the end? (Again.)

Hmmm…

But let’s be frank, the Democrats aren’t the only one’s guilty of this spectacular nonsense. Just a few months ago, Mitt Romney criticized Rick Perry during a GOP debate for supporting and implementing the DREAM Act in Texas. Days later, Romney boasted that if the DREAM Act were to ever pass at the national level, he would repeal it as president. Now, as the general election campaign against President Obama begins to unfold, Romney, as well as other Republican’s, appear to have changed their minds about the DREAM Act (again), convincing the token Latino, Senator Marco Rubio (no relation, thank gawd) from Florida, to write his own version of the DREAM Act and parade around the country with it as a perfect alternative to those of us who have been fighting for the real thing for over ten years!!

Neither side have been very effective in supporting and helping immigrant rights activists like myself. We’ve been courted and dumped time and time again. Can the Justices on the United States Supreme Court be objective enough as possible to throw out something as horrendous as SB1070, forcing both political parties to finally come together to pass comprehensive immigration reform?

The infighting within our politics is one thing, but when the infighting takes place amongst my people, taking each other on to satisfy political leaders at the top, at the expense of our own is an insult to our parents and grandparents before us, who came to this country when the border was just a line in the dirt. It is an insult to the millions of undocumented immigrants all across this country today, working long hours and being exploited by money hungry employers getting rich off the sweat of their brow. It is an insult to the countless human beings who have died in the sweltering deserts of the US/Mexican border, attempting to arrive and reach that American Dream, to provide for their family here and back home. It is an insult to the millions of families who are separated each and every day from his/her children and deported to their home country without knowing if and when they will ever speak to their families again.

SB1070 is as divisive as anything I’ve ever known in my own life time, yet reflect the awful history this country once endured many years ago. With just hours left before oral arguments begin in Washington, DC, those of us on the front lines will listen and wait for the momentous occasion in which our Supreme Court will either choose to move forward and rule in favor of a future of equality and unity for all, or rule in favor of stepping back into history, to defend the darkest times in our country’s past.

We can’t afford to go back.

Undocumented, Unafraid, and Unapologetic

March 14, 2012 1 comment

As many (or some) of you know, I write quite a bit on immigration and how it pertains to the political and national narrative in this country.  Recently, I published a piece on the media’s use of the term “illegal” and how it affects the national debate.  Overtime, I’ve also attempted to make the case for the DREAM Act and why it is so important, not only to the young undocumented people who will benefit, but for the nation as a whole.  In retrospect, it’s been a good run.  Stories have been shared, stats have been presented, all in an effort to give a compelling yet not too biased account of what I think about the issue.

However, none of it has prepared me for this week.  A week that can shift the dialogue within the immigration debate in 2012, especially during this election year.

This week, thousands of youth across the country will be coming out as “undocumented” during Coming Out Week of Action.  For months, activists have been preparing for this major campaign, providing an atmosphere and a safe platform for youth all across the country.  It’s an opportunity to “come out” as undocumented, unafraid and unapologetic.

Recently, I had the incredible honor of meeting a few of these individuals in Washington, DC and while the campaign seems scary and risky, it’s necessary.  For over ten years now, immigrant activists have been heavily involved in the debate, attempting to fully engage the public and Congress on finding humane solutions to a broken immigration system.  While there have been some instances where it looked like we’d see some success, something incredibly disappointing occurs (like Congressional gridlock) and the road to some kind of reform collapses.

Undocumented immigrants coming out this week know that time is running out for them and millions of others.  Congress and the President of the United States have not and may not prioritize the issue again this year, moving along with a very little sense of urgency.  With no solution at the federal level, states are taking every effort to victimize undocumented immigrants, who are enduring a maddening game of tug of war, gone utterly wrong.  Just when you think the right thing is going to be done and reform looks promising, the other side yanks hope away, leaving activists with mud on their faces.

The harshest opponents to immigration reform are becoming much more critical these

Picture by Emma Hernandez Courtesy of Walk Against Fear Facebook Page

days and are taking those who were once sympathetic, with them.  All across the country, state houses have seen an increasing number of anti-immigration legislation introduced and in some places, have gone so far as to signing them into law.  States like Arizona, Mississippi and Alabama have shown that no immigrant is welcomed…but more importantly, persons of color are seen as outsiders in their own communities.

Alabama’s infamous and the nation’s strictest anti-immigrant law, passed last summer in the state legislature.  The Alabama law not only gave law enforcement the right to “verify a person’s immigration status during routine traffic stops and/or arrests, if “a reasonable suspicion” exists that the person is in the country illegally” but it has also created a temperament of fear all across the state and throughout the deep South.  

On Sunday, a group of young immigrant activists, many of whom are undocumented, set forth on a 200+ walk from Memphis, Tennessee to Jackson, Mississippi.  The Walk Against Fear, which brings awareness to civil rights violations immigrants suffer today due to anti-immigrant laws, is a march that is attempting to also capture the same resilience Civil Rights leaders had when they too made the journey. James Meredith, a Civil Rights activist and the first African American admitted into the University of Mississippi during segregation, was part of that march 50 years ago.  In the next few weeks, these activists will be confronted with the same objections Mr. Meredith faced during his time and risking their lives to end racism.  Gaining civil rights for all is not easy, the Civil Rights movement proved that.  Activists like Ingrid Cruz and Patricio Gonzalez, understand this as they walk towards Jackson today.  They too can no longer wait.

People around the country argue that perhaps when we discuss the issue of immigration reform, we should not focus too much on the human side of things and instead debate the issue objectively.  (I’ve never understood this concept, but whatever.)

Al Rojo Vivo con Maria Celeste reportaje - 389 Miles "Living the Border"

However, if we want to look at this thing “objectively” then it is necessary to take an hour of your time today and watch the film, 389 Miles: Living the Border by my friend LuisCarlos Davis. In this brilliant film, LuisCarlos depicts life along the Arizona/Sonora border, exposing the true stories of those living on both sides of the border, learning about the actors who risk their lives every day, facing human predators and dangerous terrain, to only succumb to defenders of a broken system.

You cannot help but carefully listen to both sides of the story and not be sympathetic.  As an incredibly passionate supporter of the plight of the immigrant community,  I was once again taken aback by the resiliency many have when crossing into the unknown.  All the while I could not help but also feel utter outrage towards our society and our unwillingness to look beyond color and focus on the true nature of what brings people here.  LuisCarlos film captures the angst on both sides, showing that even after years of debating this issue, people still do not have the answers.

This week provides us all with an opportunity to learn and fully understand why immigrants come here and why they fight to stay.  Those individuals coming out of the shadows all across the country, activists Ingrid Cruz and Patricio Gonzales marching on to Jackson to fight racism, and LuisCarlos who took the risk of making and sharing his film to the world, are people who can no longer wait for government to find the solution.

Let us remember that as this young generation of activists move forward to share their own personal stories, they carry with them the stories of 12 million human beings still too scared to share theirs.