How is 2011 faring so far? Ethnic studies and the 14th amendment

From the Restore Fairness blog-

At this moment it is very hard to focus on anything but the tragic incident that marked the beginning of this year when a man in Tucson, Arizona opened fire on a public meeting killing 6 people and gravely injuring 14 others last Saturday. While this tragedy cannot be undone, there are a number of issues around which we can hope for some positive developments in 2011.

In Arizona, the first week of 2011 saw all classes in the Tucson Unified School District’s Mexican-American ethnic studies program being declared illegal by the State of Arizona, in accordance with a state law came into effect on January 1st. Tom Horne, Arizona’s newly elected Attorney General, declared the program illegal on account of it allegedly teaching Latino students that are being mistreated, and encouraging the students to become activists for their race. In the capacity of State Superintendent of Public Instruction, Horne had written the law challenging the ethnic studies program last year. The bill, HB 2291, was passed by the State Legislature in April and signed into law by Gov. Jan Brewer in May of 2010. Defending his latest action deeming that the Tucson district’s Mexican-American program was not in compliance with state standards, (while allowing similar programs for black, Asian and Native America students to continue) Horne said that “They teach kids that they are oppressed, that the United States is dominated by a white, racist, imperialist power structure that wants to oppress them.” Under the law, Tucson would stand to lose 10 percent of its state education funds if the classes are not discontinued, amounts to nearly $15 million.

According to Augustine F. Romero, director of student equity in Tucson schools, the debate over the ethnic studies program demonstrates the strong anti-Latino sentiment in the state, and highlights the pressing need for such programs to continue to exist, giving the students a chance to be proud of their heritage. Mr. Romero posed the question in an interview with the New York Times-

Who are the true Americans here — those embracing our inalienable rights or those trying to diminish them?

In an even deeper affront to inalienable American values, on January 5th, a coalition of legislators from over 14 states announced a plan to join together in a state compact and deny citizenship rights to the children of undocumented immigrants. The compact, clearly motivated by anti-immigrant feeling, is designed to challenge the 14th amendment to the U.S. constitution which states that those born in the United States will be considered U.S. citizens, irrespective of race, class or creed. This was closely matched by Rep. Steve King’s introduction of legislation H.R. 140 before the new session of Congress, aimed to take away the citizenship of children born in the U.S. to parents who were undocumented.

The state compact is being led by Senator Russell Pearce of Arizona, the state Senator best known for introducing the controversial and harsh anti-immigrant law, SB1070 in 2010. The legislators that introduced the plan unveiled a plan that seeks to take birthright citizenship, which is a Federal issue, into state hands by establishing state citizenship laws that deny citizenship rights to those born to parents who are undocumented, and then developing a compact between the various states by which the laws are upheld in all those states. The group claims that their model state legislation aims to halt the “misapplication of the 14th amendment,” which they say is sapping taxpayers funds and attracting further immigration to the U.S. Ultimately, the goal of the coordinated state-level strategy is to force the Supreme Court to take up the issue.

The plan is a joint effort of anti-immigration legislators like Russell Pearce and Kansas Secretary of State-elect Kris Kobach, and State Legislators for Legal Immigration, an anti-immigration group of lawmakers which had representatives from Alabama, Arizona, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Pennsylvania, Texas and Utah. Senator Pearce told the Washington Times-

I’m not stopping until the problem is solved, and clearly the problem is not solved. The cost is destroying this country, and it can no longer be ignored…The 14th Amendment was never intended to be applied to illegal aliens. They [the sponsors] specifically said it didn’t apply to foreigners or aliens. That amendment belongs to the African-Americans of this country. It’s their amendment.

Critics are suggesting that in fact, the proposal is completely unconstitutional and deliberately misunderstands the 14th amendment. By suggesting a two-tiered system of citizenship by which those who are born to parents who are undocumented receive different birth certificates than those who are born in the U.S. to parents who are legal residents, the compact goes against the fundamental values of the constitution. Elizabeth Wydra, writing for Politico, sums it up clearly-

The 14th Amendment, which was drafted and ratified against a backdrop of prejudice against newly freed slaves and various immigrant communities, was added to the Constitution to place the question of who should be a citizen beyond the politics and prejudices of the day. The big idea behind the 14th Amendment is that all people are born equal, and, if born in the United States, are born equal citizens — regardless of color, creed or social status. It is no exaggeration to say that the 14th Amendment is the constitutional embodiment of the Declaration of Independence and lays the foundation for the American Dream. Because of the 14th Amendment, all American citizens are equal and equally American. Whether one’s parents were rich or poor, saint or sinner, an American child will be judged by his or her own deeds.

As long as the Federal government avoids enacting a comprehensive reform of the existing immigration system and dealing with an issue that is in their jurisdiction, restrictionists will continue to introduce laws that threaten the fabric of the United States. At the start of this year, as we hope that Rep. Giffords recovers her health, we must recall the values of equality, dignity and respect that are intrinsic to the strength of this country and remember that when we deny human rights to some, we jeopardize the rights of all.

Photo courtesy of colorlines.com

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State must enact anti-racial profiling laws

From the Restore Fairness blog-

Guest blogger: Azadeh Shahshahani from the American Civil Liberties Union of Georgia

When I testified before the Special Joint Committee on Immigration Reform, a committee of 14 Republicans convened to draft legislative proposals for the upcoming legislative session, I reminded them about the continued obligation of Georgia under international human rights law to protect and preserve the human dignity of all people regardless of immigration status.

As documented by the ACLU of Georgia, racial profiling and other human rights violations against immigrants or those perceived to be noncitizens continue in Georgia. In Gwinnett County, many Latinos have been stopped without reasonable suspicion or probable cause by the police in their cars or on the street.

Juan Vasquez, a legal permanent resident who lives in Sugar Hill, reports having been stopped and harassed by police on multiple occasions for no apparent reason. On one occasion, rather than tell Vasquez why he was pulled over, the officers screamed at him for asking questions before releasing him without any citation. Vasquez now avoids certain areas of Sugar Hill where he has come to expect harassment by the police.

Prompt action by the state is necessary to combat racial and ethnic profiling in Gwinnett and Georgia. The Legislature should pass anti-racial profiling legislation to give law enforcement agencies, policymakers and the public the tools necessary to identify and address the problem of racial profiling in the state. Data collection about traffic stops is an important supervisory tool. You can’t manage what you don’t measure. Annual training for law enforcement regarding racial profiling will also help ensure that stops and arrests are undertaken in a fair manner.

The Georgia Legislature should also carefully consider all the proposed bills in the upcoming session to ensure that they are consistent with the Constitution and our international human rights obligations, as reaffirmed by both Republican and Democratic administrations. In February 2008, the Bush administration told the U.N. Committee on the Elimination of Racial Discrimination that “United States is in profound agreement with the committee that every state must be vigilant in protecting the rights that noncitizens in its territory enjoy, regardless of their immigration status, as a matter of applicable domestic and international law.”

Last month, the U.N. Human Rights Council (HRC) issued a set of recommendations for the U.S. to bring its policies and practices in line with international standards. The recommendations are the result of the first-ever participation by the U.S. in the Universal Periodic Review process, which involves a thorough assessment of a nation’s human rights record. State and local laws, such as Arizona’s SB 1070, that aim to regulate immigration and lead to racial profiling were examined and decried by the Human Rights Council.

One of the recommendations issued by HRC was for the United States to end racial and ethnic profiling by law enforcement, especially with respect to immigration. Harold Koh, the U.S. State Department legal adviser, stated in response to this recommendation that “we will leave no stone unturned in our effort to eliminate racial profiling in law enforcement.”

Georgia legislators should be wary of any measure similar to Arizona’s racial profiling law that would encourage law enforcement to stop people on the street based on how they look, rather than based on individualized suspicion or evidence of criminal activity.

Laws that promise to turn the state into “show me your papers” territory would violate the Constitution and human rights commitments and tarnish Georgia’s reputation as a state welcoming to new immigrants.

Photo courtesy of epier.com

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Looking forward to 11, we hope 2010 goes out with a bang (and a DREAM)!

From the Restore Fairness blog-

In this past year we witnessed many negative events: An all-time record number of deportations with over 400,000 men, women and children deported, most of whom were not guilty of crimes; reports of medical negligence, sexual assault and the denial of due process in detention centers; unfulfilled promises of immigration reform masked by the threat of raids; the introduction of harsh anti-immigrant legislation such as SB1070, mandating racial profiling and fueling anti-immigrant sentiment around the country; the expansion of partnerships between Immigrations and Customs Enforcement (ICE) and local police with the introduction of programs such as Secure Communities; the “anchor-baby” bill; the list goes on and on.

From anti-immigrant actions and racial profiling to bullying and homophobia; from fear mongering to the extreme, divisive rhetoric of the mid-term elections, it is difficult to look back at 2010 and feel hopeful. In the midst of this, however, it is important to note that these events engendered unprecedented activism, and the mobilization and coming together of diverse communities, resulting in a number of victories in the name of restoring dignity, justice and equality. The rigorous debate over Arizona’s controversial SB1070 law resulted in sports men and women, musicians, artists, politicians, faith leaders, business owners, young people, as well as the Department of Justice and President Obama, taking a stand against a law that was unjust and offensive, and finally deemed unconstitutional. The March for America in Washington D.C. on March 21st saw 200,000 people, workers, LGBT groups, faith-based groups, etc., come out in support of comprehensive immigration reform, and even without the passage of CIR, the momentum built during that time was palpable for months after. Most recently, following a rally against Secure Communities in New York City, a judge ordered ICE to be transparent and release documents related to Secure Communities and the ability for localities to opt-out of the program.

And two weeks before the end of the year, we are just hours away from a Senate vote on the DREAM Act, a legislation that would provide a path to citizenship for young people that came to the U.S. as children, have completed high-school, and want to pursue college or military service. Every year, around 65,000 young, undocumented boys and girls- including honor rolls students and star athletes- graduate high school and then find themselves high and dry, without the chance to pursue their careers. A number of them, like Eric Balderas, find themselves facing deportation with the chance of being sent back to a country they are supposed to call ‘home’ but have no memory of. For David Cho, a senior honors student at UCLA who can’t count on entertaining job offers the way that his friends are, there are not a lot of options. So instead of young, able, bright people like David and Eric following their careers, pursuing their dreams, giving back to the country by supporting the economy and making the most out of the taxpayers money that has paid for the k-12 education, they are busy mobilizing support to ensure that the Senate passes the DREAM Act tomorrow morning.

Since Sen. Reid announced that he would be holding true to his campaign promise and bringing the DREAM Act up for a vote in the Senate as a stand-alone measure, the DREAMers and all the activists who support the passage of the DREAM Act have been working extremely hard to put pressure on Senators to pass the bill. As it stands, the Senate will vote on the version of the bill that that was passed in the House last week, by around 10am tomorrow. In addition to the DREAMers themselves, who have come out of the shadows to tell their individual stories and have mobilized unprecedented support for the movement, the Latino community is seeing this as a pivotal moment. Speaking to the New York Times, Janet Murguía, president of the National Council of La Raza (NCLR) said-

This will be a watershed vote that Latinos will not forget. There is nowhere left to hide, in the minds of Latino voters. There will be members who choose to stand for innocent children and members who do not. This vote will be an indication of who stands for our families and our communities.

As we get closer to the vote, an increasing number of people are speaking up, urging Senators to vote in favor of the bill. Representatives from the Department of Defense, heads of educational institutions, religious leaders, heads of labor organizations and workers unions, officials from the Department of Homeland Security, and hundreds of others have spoken up in support of the bill and why it is crucial to the integrity and prosperity of the country. President Obama himself made calls to Democrat and Republican senators to garner support for the bill.

Currently, the legislation needs 60 Senate votes in order to be end debate, at which point the House-approved version of the bill will be finally voted on, on Sunday. If passed, it will go directly to President Obama for a signature.The momentum that has brought the movement to this point (since the DREAM Act was first introduced almost a decade ago) is solely the result of intense grassroots activism on the part of students. DREAMers and DREAMActivists have worked tirelessly, putting themselves on the line by coming out as undocumented and basically pushing this piece of legislation forward with their cross-country walks, vigils, hunger strikes and their storming of Capitol Hill online and off. But they can’t do it alone. So on the eve of this historic vote, and the eve of the New Year, call your Senators right now and tell them to vote YES on the DREAM Act.

What better way to conclude 2010 than by ensuring that the hard work and courage of the DREAMERs pays off and the DREAM Act passes in the Senate tomorrow morning, less than two weeks before the end of this year.

Pick up the phone, write a letter, and make a wish for the New Year. See you then!

Photo courtesy of Flickr Creative Commons

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An ongoing battle to ensure due process and keep families together

From the Restore Fairness blog-

Last Friday, Emily Guzman spoke at a vigil outside the Stewart Detention Center in Southwest Georgia where her husband, Pedro Guzman, has been held for over a year. Pedro was brought by his mother from Guatemala to the United States at the age of 8, and they stayed on after being denied asylum. He was arrested a year ago after his mother was denied a request to stay on in the country legally. Despite being married to an American, he has been kept in detention while fighting his case, with limited access to medical care and to visits with his mother, his wife and his four-year-old son, Logan. His wife Emily, who is an American citizen, spoke about the traumatic experience that her family has been through while Pedro has been fighting deportation from prison-

I never knew that the immigration system in the United States was so outrageously flawed until I began to experience it through my husband, Pedro is one of the very few fighting his case in immigration detention. It is a daily emotional fight for him to continue without his freedom.

Pedro’s story is just one of the myriad of reasons why human rights organizations and supporters marched to the Stewart Detention Center last Friday. The groups, including the Georgia Detention Watch and the American Civil Liberties Union (ACLU) of Georgia, were seeking to draw attention to the “traumatic effects” that detention has on immigrant families. The marchers carried lists with the names of over 110 people who have died in immigration detention since 2003, including 39-year-old Roberto Martinez-Medina and 50-year-old Pedro Gumayagay who were detained at Stewart. This protest followed the release of a report by the Georgia Detention Center about the lack of transparency, accountability and due process at the Stewart Detention Center, which, as one of the largest (and most remote) detention centers in the country, has a vast list of human rights violations including lack of waiting periods of 65 days for cases to be heard, lack adequate medical care, and the imposition of solitary confinement without a hearing.

In addition to calling for the release of Pedro and the closure of the detention center in favor of alternatives to detention that are cheaper and more humane, the groups also aimed to highlight the “collusion between government officials and for-profit corporations to place profits and politics over people.” The overt connections between the massive expansion of the detention system and the direct profit made by private prison companies such as the Corrections Corporation of America (CCA, which runs the Stewart Detention Center) were thrown into the spotlight when National Public Radio (NPR) did a story exposing the ties between CCA and the SB1070 immigration law in Arizona.

8 of the protesters, including Emily Guzman’s mother, Pamela Alberda, were arrested as they crossed over a ‘Do Not Enter’ tape at the entrance to the detention center. They were released on bond later the same day. Speaking about the impending protest and vigil, an ICE spokesperson said-

ICE fully respects the rights of all people to voice their opinion without interference. We recognize that our nation’s broken immigration system requires serious solutions, and we fully support comprehensive immigration reform efforts.

It is a relief to know that in the midst of this glaring lack of due process and fairness, a modicum of justice also exists. In what is a significant victory for immigrant rights activists, the Supreme Court of Georgia ruled yesterday that all defendants with limited English proficiency have a right to an interpreter for criminal trials. Speaking about the case filed by the ACLU of Georgia and the Legal Aid Society-Employment Law Center, Azadeh Shahshahani, Director of the National Security/Immigrants’ Rights Project at the ACLU of Georgia said that the court ruling upheld a basic tenet of the U.S. Constitution-

The court acknowledged that we don’t have two systems of justice in this country – one for English-speakers and another for everyone else. The constitutional guarantee of due process applies to everyone in this country, not just fluent English-speakers.

In keeping with the spirit of the Constitution practiced by the Georgia Supreme Court, let us hope that these same principles are upheld in all aspects of life, ensuring that everyone is treated equally with respect to dignity, justice, due process and fairness.

Photo courtesy of immigration.change.org

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Weekly Diaspora: Arizona’s SB 1070 Takes Nativist Fever Nationwide

by Catherine A. Traywick, Media Consortium blogger

While Arizona’s draconian anti-immigrant law, SB 1070, was far from the first controversial immigration measure of its kind, it stands out as a hallmark of increasingly visible nativist sentiment. Numerous legal challenges and a federal injunction notwithstanding, the measure continues to inspire copycat legislation and attract millions in donations. Even as Arizona’s legislature attempts to outdo itself by pushing increasingly outrageous bills, as Care2 reports, SB 1070 remains center stage.

Perhaps one reason that the measure has gained such traction across the country is that its crafters have been unequivocal about both their intent and the law’s objective: Attrition through enforcement.

“That’s a fancy way of saying it’s public policy aimed at making the lives of immigrants so miserable that they leave on their own accord,” explained community organizer Marisa Franco on Making Contact, a National Radio Project program. Andrea Christina Mercado, organizing director of Mujeres Unidas Activas and another guest on this week’s show, added that the “attrition through enforcement” strategy exemplified by SB 1070 centers on three pernicious tactics:

“…One is to close off all possibility for economic survival, the second part is to deny access to justice for migrants, making it harder and harder to place a wage claim or a police report, and the third is to normalize mistreatment through rituals of humiliation and hateful language.”

SB 1070: coming to a state near you!

While reprehensible to immigrant rights advocates, the “attrition through enforcement” approach to the immigration “problem” is refreshing to immigration hawks. The strategy’s unabashed method of self-evicting undocumented migrants through calculated marginalization is the kind of tough, no-nonsense policy that hardliners appreciate. Consequently, similar measures have spread like wildfire across states and municipalities. That such laws directly defy federal immigration policy goals seems only to increase their popularity among immigration hardliners.

Case in point: The incoming wave of newly elected, anti-immigrant governors pushing for SB 1070 copycat laws. As Braden Goyette reports at Campus Progress, governors-elect in Georgia, Florida, Nebraska, Mississippi, South Carolina, Wisconsin and Oklahoma hope to follow in Arizona’s footsteps. Nebraska’s Dave Heineman (R) explicitly campaigned on that hope, and Georgia’s Nathan Deal (R) plans to push for a copycat law as soon as January 2011.

State legislators are moving quickly on similar laws as well. Most recently, Texas State Rep. Debbie Riddle (R) filed a spate of anti-immigration legislation in advance of the 2011 legislative session. According to Change.org’s Prerna Lal, Riddle’s bills would collectively limit immigrants’ access to public education, intensify the penalties for being undocumented in the state, and even prevent undocumented persons from driving there. In total, the proposed measures embody the attrition-through-enforcement philosophy by attempting to make it impossible for undocumented immigrants to live in the state with any measure of quality of life.

Setting the stage for anti-immigrant laws

The attrition-through-enforcement strategy is contagious. But, as ColorLines’ Seth Freed Wessler points out, infection follows a predictable pattern. Citing a recent Migration Policy Institute study, Wessler explains that anti-immigrant laws tend to pop up in largely homogeneous white communities that experience an increase in the population of immigrants. The actual size of the immigrant population doesn’t seem to matter, and the study found that crime rates are equally irrelevant (and have no correlation to rates of immigration). The only thing that does matter is growth, however small.

It’s important to note that in largely homogeneous communities, which generally tend to be segregated along ethnic lines anyway, small fluctuations in minority populations aren’t glaringly evident to most residents. Growth among immigrant populations doesn’t immediately or spontaneously spark nativist sentiment. In most cases, that growth is noted by incendiary elites, who then repackage and sell it back to the larger community as an “immigration problem.” In Wessler’s words:

Crime is not actually higher because of immigration but individual incidents of crime, or the presence of day laborers on street corners, are used as animating tools by restrictionist groups. Support for the resolutions are drummed up by local politicians and demagogues, as well as national groups that often play a role in drafting the bills, who concoct a narrative about dangerous criminal immigrants.

As I’ve written before, anti-immigrant sentiment is driven by the fear that, as immigrant communities grow larger and more economically competitive, their increasing political power will threaten the status quo. And so politicos feed the immigrant-as-criminal narrative to their communities, bit by bit, eventually passing pernicious laws intended to self-evict the threat.

Thus far, 107 communities have passed anti-immigrant laws in the last 10 years, the bulk of them since 2006, when heightened discourse on immigration reform motivated anti-immigrant groups to redouble their efforts. A few years later, Arizona state senator Russell Pearce (R) teamed up with Kris Kobach—a lawyer for FAIR, the most powerful anti-immigrant group in the nation—to draft SB 1070 which has now unleashed a new wave of oppressive immigration laws.

This post features links to the best independent, progressive reporting about immigration by members of The Media Consortium. It is free to reprint. Visit the Diaspora for a complete list of articles on immigration issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, and health care issues, check out The Audit, The Mulch, and The Pulse<. This is a project of The Media Consortium, a network of leading independent media outlets.

 

 

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