Breaking news- Department of Justice files lawsuit against Arizona law

From the Restore Fairness blog.

In a much anticipated move, the Department of Justice has filed a lawsuit against Arizona’s SB1070 today, retaliating against the harsh anti-immigrant law that requires local police to detain suspected of being undocumented. The law, slated to begin on July 29th, is the subject of national controversy coming under fire from civil rights advocates for giving racial profiling the green light.

The Department of Justice accuses the state of Arizona of crossing “the constitutional line” by interfering with the federal government’s authority to create and enforce immigration law. The lawsuit, with Arizona Gov. Jan Brewer and the state of Arizona as defendants, argues that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country”, drawing on the “preemption” doctrine which works off the Supremacy Clause in the U.S. Constitution, a clause that gives federal law precedence over state statues.

In our constitutional system, the federal government has preeminent authority to regulate immigration matters. This authority derives from the United States Constitution and numerous acts of Congress. The nation’s immigration laws reflect a careful and considered balance of national law enforcement, foreign relations, and humanitarian interests… Although states may exercise their police power in a manner that has an incidental or indirect effect on aliens, a state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws…Accordingly, S.B. 1070 is invalid under the Supremacy Clause of the United States Constitution and must be struck down.

The lawsuit also challenges the anti-immigrant law saying that if enforced it will lead to the diversion of precious resources away from targeting those who have committed serious crimes. U.S. Attorney General Eric Holder defended the lawsuit-

Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns…But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety… Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.

The brief also calls out the law on humanitarian grounds arguing that making the enforcement of law mandatory for the police will inevitably result in the unjust harassment and detention of foreign visitors, legal permanent citizens, and citizens who might not be able to immediately prove their legal status. Accompanying the lawsuit were declarations from many police chiefs, including from Tucson and Phoenix, who have said that if implemented, SB 1070 will hamper their ability to effectively police their communities.

Late last month Secretary of State Hillary Clinton announced that the Department of Justice was preparing to sue the state of Arizona over SB 1070, sending waves through the media and political networks. President Obama has spoken out against the law.

…the recent efforts in Arizona, which threatened to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe.

The federal lawsuit joins five other lawsuits against SB 1070, including a class action suit field by the American Civil Liberties Union on the grounds that it violates the First Amendment, encourages racial profiling, and interferes with the jurisdiction of the federal government. The government has asked for a preliminary injunction and delay in the enforcement of SB 1070 until the case is resolved. A hearing to decide this will take place on July 22nd in a Federal courthouse in Phoenix.

SB 1070 is a shocking example of what goes wrong when the need for comprehensive immigration reform is not addressed. When we allow our government to deny due process and fairness to some, we put all of our human rights at risk. The Arizona law has already resulted in copycat legislation in other states, which if allowed to continue unchecked will add more chaos to a broken system and further marginalize vulnerable groups.

By filing this lawsuit, the federal government has sent a direct message that they will not tolerate laws like SB1070 that instigate racial stereotyping and interfere with the federal enforcement of immigration law. In an address on immigration last week, President Obama called for bipartisan support to fix the broken immigration system.  Please keep up the momentum and write to President Obama and your Members of Congress to take action on immigration now.

Photo courtesy of politico.com

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Vulnerable communities react to Arizona's new law

From the Restore Fairness blog.

Last Thursday, 10 year old Katherine Figueroa sat in a room in a Capitol Hill building in Washington DC telling Members of Congress about her personal encounter with immigration enforcement. Fighting back the tears, the young girl pleaded to the Democratic Members of Congress who were assembled, “Please tell President Obama to stop putting parents in jail, all they want is a better life for their kids.”She told the story of how her aunt took her in after her parents were arrested by Sheriff Joe Arpaio’s deputies. “I would also have bad dreams where the Arpaio deputies would take my aunt, her family and me to jail,” Katherine said. This brings to mind the poignant question from a second grader that caught the First Lady Michelle Obama off guard last month, with her honest fear for her family momentarily forcing the issue out of the political realm and into reality.

Katherine’s testimony was part of an ad-hoc Congressional hearing that took place in a packed committee room on Capital Hill and was attended by Democratic Members of Congress. One of the witnesses, Silvia Rodriguez, thanked Colorado Democrat Jared Polis for referring to her as an “American,” saying that it was one of the first times she had ever been called one. Her testimony and obvious pain brought tears to Rep. Polis’ eyes.

The event, a forum for Members of Congress to hear the stories of  women and children who were directly affected by Arizona’s harsh anti-immigrant law, SB1070, had been organized by Arizona Democratic Rep. Raul Grijalva and a number of labor and civil rights organizations such as the National Day Laborer Organizing Network, the National Domestic Worker Alliance, the AFL-CIO, the Family Values at Work Consortium and Jobs with Justice. The aim of the hearing was to illustrate the direct impact that extreme immigration enforcement measures such as SB1070 have on women and children, who are the most vulnerable members of immigrant populations, to demonstrate the extremely urgent need for a comprehensive overhaul of existing immigration laws, and to pressure the Obama administration and Congress to prevent the implementation of SB1070. Silvia Rodriguez, the witness mentioned earlier, appealed directly to President Obama at the end of her testimony. She said,

The only time that I felt to be the slightest happy, or accepted or proud by this country was when President Obama won his presidency. For him to not step up and fulfill his promises, really, really breaks a lot of hearts.

President Obama’s campaign promise of immigration reform fade from memory as such legislation looks less and less probable in this election year. Unless blocked by any of the five legal challenges that have been filed since Gov. Brewer signed the bill in to law on April 23rd, SB1070 is scheduled to take effect on July 29th. In addition to the horrific stories presented by the women at the June 10th hearing, community groups such as Puente, working on the ground in Arizona, have reported a massive increase in incidents of racial discrimination since the law was signed. While race has always been directly linked to immigration law, measures such as SB1070 have spurred on more instances of discrimination such as the case of a blood bank in Arizona refusing to take the blood of people who only speak Spanish.

Opposition to the tough measure has been coming from all sides, and most minority groups and communities of color worry that they will be targeted by its harsh clauses that allow police to stop and question people based on the degree to which they appear “reasonably suspicious” of being undocumented. Most recently, the country’s largest Native American reservation, the Navajo National Council, voted to officially oppose Arizona’s new enforcement measure during a special session convened for this purpose. Council Delegate Kee Allen Begay sponsored the measure which he thinks will definitely be used to harass Native Americans, specially given the strong resemblance between the Hispanic communities and Native Americans.

As opposition to the law grows, so does copy-cat legislation in other states across the country. On Saturday, Texas Republicans voted for a law that would require police officers to immediately check the immigration status of people arrested on suspicion of a crime, even before their culpability on the crime has been proven.  It is imperative that the Federal government wakes up to the large-scale detrimental effects that a laws like Arizona’s SB1070 will have on communities, on state unity, and on the economy.

Photo courtesy of csmonitor.com

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Be a road tripper for our future

From the Restore Fairness blog.

New York City is gearing up for immigration reform so make sure you don’t get left behind. Starting this week, calendars are marked with events to mobilize our elected officials behind immigration reform in 2010.

As we speak, a group of dedicated advocates, students and volunteers are kicking off a five day multi-city caravan across the State of New York organized by the New York Immigration Coalition and Reform Immigration for America. The 12 hopefuls set out on President’s Day, sleeping bags and all, and will travel to ten cities, taking advantage of the Congressional Recess to rally support for immigration reform in every corner of the state. Osmán Canales, 21, of Long Island, a green card holder who is on the trip said,

We want to send a message to our government that we cannot wait any longer. There is too much suffering, too many families torn apart, too many kids who can’t get an education. I have the opportunity to go to college, and I want other students to have the same right.

Check out WNYC’s interview with one of the ‘road trippers’, Kevin Kwok. If you can’t join the road trip, follow it virtually on the Road Trip for Our Future blog.

And while you keep up on Facebook, take some time out of your week this Ash Wednesday to join Pax Christi NJ and people of faith as they walk from Ellis Island to the Elizabeth Detention Center to draw attention to the moral failings of the U.S.’s immigration and detention policies. The organizer for the event, Kathy O’Leary said,

Today’s immigrants are no different from my great-grandparents in that they come here to work and make a better life for their families. However, for them the ‘golden door’ has been nailed shut.  There is no ‘line’ for unskilled workers.”

Fired up by the 10 mile walk through Jersey? Join the New York State Interfaith Network for Immigration Reform at a convocation taking place at the historic Riverside Church. Religious leaders, elected officials, and community leaders, including people from the Jewish, Muslim, Catholic, Hindu and Sikh faiths will come together to raise the moral call for immigration reform to move forward this year.

Together, the events of this week and next mark a nationwide escalation towards a March 21st mobilization in Washington D.C. Hundreds of thousands of people will gather in D.C. in the March for Freedom/March for America to drive home the message to the President and Congress to ACT NOW. We need YOU to join us there. Sign up here for updates.

Learn. Share. Act. restorefairness.org

Be a road tripper for our future

From the Restore Fairness blog.

New York City is gearing up for immigration reform so make sure you don’t get left behind. Starting this week, calendars are marked with events to mobilize our elected officials behind immigration reform in 2010.

As we speak, a group of dedicated advocates, students and volunteers are kicking off a five day multi-city caravan across the State of New York organized by the New York Immigration Coalition and Reform Immigration for America. The 12 hopefuls set out on President’s Day, sleeping bags and all, and will travel to ten cities, taking advantage of the Congressional Recess to rally support for immigration reform in every corner of the state. Osmán Canales, 21, of Long Island, a green card holder who is on the trip said,

We want to send a message to our government that we cannot wait any longer. There is too much suffering, too many families torn apart, too many kids who can’t get an education. I have the opportunity to go to college, and I want other students to have the same right.

Check out WNYC’s interview with one of the ‘road trippers’, Kevin Kwok. If you can’t join the road trip, follow it virtually on the Road Trip for Our Future blog.

And while you keep up on Facebook, take some time out of your week this Ash Wednesday to join Pax Christi NJ and people of faith as they walk from Ellis Island to the Elizabeth Detention Center to draw attention to the moral failings of the U.S.’s immigration and detention policies. The organizer for the event, Kathy O’Leary said,

Today’s immigrants are no different from my great-grandparents in that they come here to work and make a better life for their families. However, for them the ‘golden door’ has been nailed shut.  There is no ‘line’ for unskilled workers.”

Fired up by the 10 mile walk through Jersey? Join the New York State Interfaith Network for Immigration Reform at a convocation taking place at the historic Riverside Church. Religious leaders, elected officials, and community leaders, including people from the Jewish, Muslim, Catholic, Hindu and Sikh faiths will come together to raise the moral call for immigration reform to move forward this year.

Together, the events of this week and next mark a nationwide escalation towards a March 21st mobilization in Washington D.C. Hundreds of thousands of people will gather in D.C. in the March for Freedom/March for America to drive home the message to the President and Congress to ACT NOW. We need YOU to join us there. Sign up here for updates.

Learn. Share. Act. www.restorefairness.org

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