SB1070 – Arizona’s March to Extremism

The Republican Party controls both chambers of Arizona’s state legislature as well as the Governorship of Jan Brewer. This week, SB1070, authored by extremist state Senator Russell Pearce, passed through the Capitol and now awaits the Governor’s signature. The bill has become toxic due to what many believe is an opening for local law enforcement to racially profile anyone in the state they suspect of being an undocumented worker:

E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

full text of bill – .pdf warning

Sheriff Joe Arpaio of Maricopa County is under several investigations at the moment due to racial profiling by personnel under his direction. SB1070 will expand this type of behavior to the entire state of Arizona. Due to the proximity of Arizona to Mexico, the Latino community is constantly having their constitutional rights violated by a system that uses skin color, accents and arcane vehicle profiles to stop motorists. If Governor Brewer signs SB1070, all of this will become legal.

Additionally, the bill takes a page out of the infamous HR4437 that sparked hundreds of thousands to protest in 2006 across the country with respect to criminalizing undocumented status and the relationship they have to families, friends, religious communities, etc.

A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL OFFENSE TO:

1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.

2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.

3. A. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO, ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.

B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR IMPOUNDMENT PURSUANT TO SECTION 28-3511.

C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS FOR EACH ALIEN WHO IS INVOLVED.

In response to this effort to create a police state in Arizona, countless groups have mobilized against SB1070, including ¡Alto Arizona! sponsored by the National Day Labor Organizing Network, NCLR, America’s Voice, MALDEF, Presente.org, MoveOn.org, Coalición de Derechos Humanos, Border Action Network, United Farm Workers, US Hispanic Chamber of Commerce and the Arizona Catholic Conference, whose bishops signed a letter with 12 other prominent religious leaders in the state, issuing the following statement (excerpted):

Our concern is that this bill could make felons, not only out of dangerous criminals (as is warranted), but also the many undocumented immigrants who have come to this country at a very young age and have no familiarity with any other country but the United States. We are concerned for these children and for families that may have a mother and a father, one of whom is a citizen and the other of whom would now be considered a criminal.

full text of letter – .pdf warning

The situation in Arizona is a direct result of inaction in Washington, D.C. to fix the broken immigration system. The Obama Administration has continued and escalated the enforcement-only policies of the Bush Administration that does nothing to unclog the backlog of applications for both temporary and permanent residency/work opportunities in this country.

The truth is, most undocumented workers are members of a family with various status of citizenship between its members. As long as the U.S. government ignores this fact, along with the effects of its economic and trade policies on sender nations, mass migration of humanity will continue and this whole window-dressing charade will continue until violence breaks out.

Russell Pearce has been salivating at the opportunity to pass something like SB1070 ever since Janet Napolitano ditched Arizona for her position as head of the Department of Homeland Security. This is no surprise to activists; the Latino community deserves to hear something beyond silence from the Secretary and President Obama. We are literally chaining ourselves to the seats of power in this state to demand justice for our communities.

¡Ya Basta! Enough is Enough!

 

Birth Certificates Destroyed by DHS Personnel?

Exclusive and Breaking News from the States Without Nations blog:

Here are descriptions of two previously unpublished accounts of U.S.-born Mexican-American teenagers who had their birth certificates ripped up by Customs and Border Patrol Agents. I have information on other similar cases, but only time to write up the details of these two, along with summaries and links to two other recent cases published elsewhere.

Just to be clear, a national identity card doesn’t solve these problems: in many cases of U.S. citizens deported ICE or Customs and Border Patrol doesn’t even check the digital files that have evidence matching the identity cards presented by the individual with the information in their databases– as was the case at several points for Mark Lyttle. If no one bothers to check that a passport (or national identity card) matches the information in a law enforcement database– as should happen when a U.S. citizen objects to having his proper identity disregarded by an agent or an immigration judge — then having a national card does nothing and is no improvement over our current system.

Mexican-Americans with Birth Certificates Border Patrol Destroys or Ignores
1. Mario, 17, was born in a Colorado hospital in the late 1980s and I’ve seen his birth certificate and hospital records.

Mario’s mother is a U.S. citizen and his father Mexican. When Mario was a toddler his father and mother separated and Mario’s father brought him to Mexico. His father’s plan was to raise Mario, and then he would return to the United States. When Mario was 17 he decided it was time to “go back to the United States and claim his destiny,” according to an individual familiar with this case. Mario had uncles in Tucson who visited Mario frequently in Mexico. He was especially interested in finding his mother. A birth certificate is a valid form of identification for entering the United States, and Mario thought he was all set. (Mario couldn’t obtain a U.S. passport from Mexico because if you’re 17 or under, that requires the presence of both legal parents.)

In early 2007, when Mario tried to return through Nogales, Arizona the Customs and Border Patrol agent, the attorney said, “tore it up on the spot. They told him, ‘It’s not real. Go away, kid, this is fraud.’ There goes your Colorado birth certificate. Go away, have a nice day.” Mario was upset and insisted he was a U.S. citizen. “They told him that if he says he’s Mexican he can leave, but if he keeps saying he’s a citizen he’ll be detained at the Nogales border patrol station and arrested.” He signed and returned to Mexico.

Read the full post here

I am working to independently verify the information presented by Jacqueline. These are very serious allegations, and if proven, should be fully investigated by the Departments of Justice and Homeland Security. If anyone has more information, please email me at the link to the left or drop the info in the comments to aid with compilation of data.

These types of civic violations are not uncommon. Pedro Guzman, a U.S. Citizen whose mental disability complicated his interactions with border personnel in 2007, was deported to Mexico and left to wander in the streets for weeks as his family searched frantically for him. Stretching back even further, Operation Wetback was the culprit for scores of Mexican Americans having their civil rights violated through racial profiling and mass deportations alongside those without papers.

So, no, this is nothing new – but it is unacceptable. Time to dig in to these incidents deeper to see how completely broken the U.S. immigration system has become through centuries of rotting racism and delusions of superiority.

 

Chicano Veterans Organization Seeks Clarification of DHS Policies

Longtime friend to this blog, Jaango, of the Chicano Veterans Organization has alerted us in the comments that they have received a response from Senate Majority Leader Harry Reid (D-Nevada) regarding inquiries related to the tone and scope of work within the Department of Homeland Security; specifically the role of Joe Leiberman, who is supposed to provide oversight [cough] and investigate the violations of human rights that have been experienced by our families during the workplace and home raids across the country.

Senator Reid writes:

Dear Mr. ____________________ [Chicano Veterans Organization]

Thank you for contacting me with your concerns. I appreciate hearing from you.

I appreciate your concern about the manner in which U.S. Immigration and Customs Enforcement (ICE) has conducted worksite raids and other enforcement actions. While ICE must enforce our immigration laws, ICE also has the responsibility to exercise this authority in ways that are effective, humane, and minimize potential disruption to American communities and vulnerable populations. ICE officials must conduct themselves in a manner consistent with the Constitution, our laws, and our great American tradition of treating all people–regardless of race or national origin–with respect and humanity.

You may be pleased to know that Secretary of Homeland Security, Janet Napolitano, has asked that the Department review the conduct and policy regarding worksite raids. Please be assured that I will keep your thoughts in mind as this review takes place or if any related matters come before the full Senate.

Again, thank you for your taking the time to share your thoughts with me. For more information about my work for Nevada, my roles in the United States Leadership, or to subscribe to regular e-mail updates on the issues that interest you, please visit my web site http://reid,senate.gov. I look forward to hearing from you in the near future. My best wishes to you.

Sincerely,

Harry Reid
United States Senate

Jaango plans on following up with Secretary Napolitano. I know I’d love to hear her thoughts on the raids now that she oversees DHS. She loved to kick the reponsibility can in Washington’s direction when she was Governor of Arizona. That tactic is no longer applicable.

Read more about the advocacy work of the Chicano Veterans Organization at this Cactus Juice Commentaries link, including the full correspondence between them and Sen. Reid’s office.

 

NPR Interviews Sec. Napolitano on Immigration Issues

Secretary Napolitano defers a lot of the answers to whatever Congress decides to do for an overhaul of the system. The thing I’d like to know, however, is what will she be planning for DHS in the meantime…

As governor of the border state of Arizona, Janet Napolitano was on the front line of the immigration debate. As the new secretary of the Department of Homeland Security, she inherits a department that was recently blasted by the nonpartisan Migration Policy Institute. The New York Times called the institute’s scathing report a “portrait of dysfunction.”

Napolitano joins Madeleine Brand to discuss what’s in store for federal immigration policy. A transcript of the conversation follows.

Madeleine Brand: As governor of Arizona … you signed the toughest law in the nation against employers who knowingly hire illegal immigrants. How will you change federal immigration policy?

Janet Napolitano: We’re going to do a few things. First of all, the rule of law applies on the border, and we want to make sure that that happens, No. 1. That means manpower. That means technology — things like ground sensors. It means interior enforcement against those who intentionally are going into the illegal labor market and creating a demand for illegal laborers, so that’s all going to continue. How we do that may change with me as a new secretary, but we want to make sure the rule of law is applied, and it’s applied fairly and forcefully across the border. And then we’ll look for ways to, through our administrative process, facilitate the applications of citizenship for those who are entitled to become citizens. Are there things we can streamline, some red tape we can cut? Those are the kinds of things we want to look at as well.

More from NPR

 

Napolitano Favors National Guard Along Border

This is not change and it’s not something I can believe in…

PHOENIX — Arizona Gov. Janet Napolitano, President-elect Barack Obama’s reported primary choice for Homeland Security secretary, says she still thinks National Guard troops should be sent back to the U.S.-Mexico border.

Napolitano says “as governor of Arizona” that’s something she has advocated with other border state governors and still believes.

Arizona Daily Star

We are not at war with Mexico. Stop treating la frontera like the Korean DMZ.

 

Say hello to Governor Jan Brewer

This makes me physically ill.

Gov. Janet Napolitano is President-elect Barack Obama’s top choice to lead the department of Homeland Security, CNN is reporting.

Napolitano, according to reports airing this evening, has indicated she would accept the Cabinet post. The Governor’s Office is not confirming the CNN report, but is not denying it, either.

AZCentral.com

Looks like I spoke too soon earlier this week when I breathed a sigh of relief that she wasn’t picked for Attorney General. Arizona’s current Secretary of State, Republican Jan Brewer, will now become the next governor. She will have the power to appoint a new SoS who will presumably be a member of the GOP, too.

The effect this will have in Arizona cannot be overstated. The Democrats actually lost seats in the state house on November 4th due to McCain’s surprisingly strong coattails. With people like Russell Pearce licking his chops at using tuition monies to close budget gaps, this is just one example of when progressives and sane Arizonans will miss Janet Napolitano’s veto pen.

PHOENIX — Lawmakers are eyeing an extra $56.7 million collected in tuition by the three public universities, possibly to help balance the state budget.

Members of the Joint Legislative Budget Committee refused on Thursday to support a plan by the Board of Regents to spend the funds on university needs.

Rep. Russell Pearce, R-Mesa, said the state’s larger-than-expected deficit makes it necessary for legislators to find and use any revenues for the most critical needs in the state.

Arizona Daily Star

This move will also solidify the hostile posture of the U.S. government towards border security. I expect to see more militarization and region-wide declarations of emergencies now that Janet will head DHS, she didn’t hesitate to make the same move as Governor. While not a nativist, I expect the raids to continue under her leadership, something that destroys families, since she signed a 2007 state law that enacted harsh penalties to employees and employers. Her opposition to the Real ID Act was based on funding in the past, so it’s not clear where she stands if given leeway to develop budget needs on the federal level.

If I had my wish, DHS would be abolished altogether. It’s a symbol of everything that Bush did wrong after 9/11.