Weekly Diaspora: Department of Justice Challenges Arizona’s SB 1070—What’s next?

by Erin Rosa, Media Consortium blogger

On Tuesday, the Department of Justice filed suit against the state of Arizona in an effort to overturn a stringent anti-immigration law passed in April. The move is a breath of fresh air for immigrant rights supporters. Democracy Now! and the Washington Independent have the story.

The suit will take on Arizona’s Senate Bill 1070, a law that requires local law enforcement to check an individual’s immigration status if there is “reasonable suspicion” that said individual is undocumented. The law has sparked national outrage and serious concerns that Latinos will be racially profiled by the police. Another provision of SB 1070 requires immigrants to carry papers denoting citizenship at all times while in the state.

Is SB 1070 unconstitutional?

At ColorLines, Daisy Hernandez reports that “the lawsuit, which was filed in a U.S. District Court in Phoenix, argues that it’s against the Constitution for a state to make its own immigration policy” because of “the legal doctrine of ‘preemption,’ which says that federal law trumps state statues.”

The key argument being that “the federal government already works with states to enforce federal immigration law,” so there’s no need for a law like SB 1070 to intervene, according to Hernandez.

A civil rights fiasco

Since April, the Arizona law has served as a rallying point for immigrant rights supporters, who refer to the bill as the “Juan Crow” law. The nickname references the Jim Crow laws that existed prior to the civil rights struggles of the 1960s.

Jessica Pieklo at Care2 notes that the DOJ suit “also contains a civil rights component and argues that the law would lead to law enforcement harassing U.S. citizens and lawful immigrants in efforts to hunt down undocumented workers.”

Citizens react

At New America Media, Valeria Fernández gauges immigrants’ and Arizona residents’ reactions to the suit.

“I really feel that the Justice Department will be on the winning side of history,” said Mary Rose Wilcox, a supervisor for District 5 in Maricopa County, AZ. “I think when justice needs to be served, you should never look at political costs.”

An undocumented immigrant named Griselda told Fernández that she “jumped for joy when she heard the news,” and “Thank God there’s another one in the fight.”

The immigration reform battle moves forward

Last week, President Barack Obama called for Congress to put politics aside and focus on immigration reform as quickly as possible. The speech and suit are fueling demand for comprehensive reform and it’s clear that the issue won’t be going away.

Yet despite the need for reform, there are roadblocks. As Paul Waldman writes for the American Prospect, “It’s true that there is little incentive for politicians to produce comprehensive reform. It’s guaranteed to displease much of the public, while there is a powerful incentive to play on people’s fears and resentments.”

However, there is hope in the organizing that’s being done by immigrant youth. Undocumented immigrant and student organizer Tania Unzueta said in an interview with In These Times that immigrants from across the country are risking deportation and incarceration to come “out of the shadows and into the spotlight.”

As Unzueta explains in the interview, “When you stop being afraid, there’s a whole world of possibilities in terms of how much risk you’re willing to take to fight for what you believe is just.”

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.

Immigration Nation and Racial Profiling is Pulling in the Station

Arguably Foreign Looking Individual: Walking nonchalantly down a street in Phoenix

Arizona Officer of the Law:  Approaches Arguably Foreign Looking Individual "Excuse me sir, can I see some proof that you are a United States citizen?"

Arguably Foreign Looking Individual: "What? Why?"

Arizona Officer of the Law: "Because I have reasonable suspicion that you are not a legal citizen."

Arguably Foreign Looking Individual: "Reasonable suspicion? That is horseradish! Explain yourself."

Arizona Officer of the Law:  "You look suspiciously latino to me, and according to the new law recently signed by Gov. Jan Brewer, you are required to show proof of your citizenship."

Arguably Foreign Looking Individual: "I carry no such thing."

Arizona Officer of the Law:  "Well then, I will now handcuff and escort you to the county jail."

(note:  I have nothing against Arizona police-officers or Arizona as a state, this is a satirically hypothetical take on the new immigration law passed)

Ahhh yes, Arizona.  Land of pungent and vibrantly green flora, cascading aquatic oases, and vibrant game that would make any modest hunter giggle with glee.  Err... wait, maybe thats one of the other states that allows concealed carry without a permit.

Annyyywayyy....

 

I realize by now that the Arizona Immigration Law recently passed has probably been beaten into your heads more than teetotalism is at BYU, but I think it needs a bit more attention.

I find it very sad that this new immigration law exists.  It hurts the civil rights of many individuals that will no doubt be profiled based on their appearance.  I challenge Jan Brewer and the other stunning prodigies who crafted this law to define what "reasonable suspicion" really is.

 

 On Fox News Sunday, Bill Kristol (self-proclaimed liberal on immigration issues..what?) claims that the newest addition to Arizona's repertoire of anti-immigration decrees doesn't violate civil rights

Source:  ThinkProgress.org

Now I don't typically make an attempt to pillage through the proverbially mine-field that is Bill Kristol's brain, but I shall attempt to deconstruct his claims and try to make sense of them

KRISTOL: I doubt that it violates the Constitution, if it does, it’s a matter of federal preemption against state law. I don’t think it violates anyone’s civil rights. … I have actually read this bill it is not draconian. It is not going to lead to major civil rights violations. Will a few people get stopped perhaps because some policeman has reasonable suspicion that a person is illegal? Will he be stopped perhaps on the street and asked to provide his driver’s license? Yes. That is the huge horrible civil rights violation that’s going to occur 5 times or 8 times or 13 times in Arizona.

I fail to see how basing reasonable suspicion solely on looks and a good hunch constitutes good legislation, but hey far be it from me to question the state government of Arizona.  Even Mike "the body (of Christ)" Huckabee denounced this bill, saying there's no such thing as "american-looking."  Pro-life Libertarian Judge Andrew Napolitano even threw his hat into the ring.

Napolitano also said the law is “so unconstitutional that I predict a federal judge will prevent Arizona from enforcing it.”

Of course not all notable conservatives share the views of Huckabee and Napolitano.  Sarah Palin added her opinion to the matter, because nobody knows what they would do without it.  With millions of adoring fans and Palin-junkies tuning their Palin radar to here the verdict that they will no doubt blindly support, Palin didn't quite give an official answer or endorsement but instead offered this insightful and astute remark:

So more power to Jan Brewer for deciding that she was taking on an issue

So Palin is essentially praising Brewer's ability to sign her name on a paper.  Palin groupies will have to continue waiting in hopes of a verdict.

I'm no Constitutional lawyer, so I cannot definitively condemn this as Un-Constitutional.  However, the arguments against the laws constitutionality keep piling up.  No doubt this has more chance of getting repealed due to violation of the supreme law of the land than the Healthcare law does. 

But Bill Kristol isn't the most reputable person to be commenting on profiling-sensitive issues.  Let me jog everyone's memory a bit.  Heading back down memory lane take exit 34 to Fox News Sunday circa Feb. 3rd 2008.

BILL KRISTOL: Look the only people for Hillary Clinton are the Democratic establishment and white women... it would be crazy for the Democratic party to follow the establishment that's led them to defeat year after year... White Women are a problem - but, you know... we all live with that...

Source:  Media Matters

Kristol, you are indeed a piece of work....

 

... and an idiot.

Immigration Nation and Racial Profiling is Pulling in the Station

Arguably Foreign Looking Individual: Walking nonchalantly down a street in Phoenix

Arizona Officer of the Law:  Approaches Arguably Foreign Looking Individual "Excuse me sir, can I see some proof that you are a United States citizen?"

Arguably Foreign Looking Individual: "What? Why?"

Arizona Officer of the Law: "Because I have reasonable suspicion that you are not a legal citizen."

Arguably Foreign Looking Individual: "Reasonable suspicion? That is horseradish! Explain yourself."

Arizona Officer of the Law:  "You look suspiciously latino to me, and according to the new law recently signed by Gov. Jan Brewer, you are required to show proof of your citizenship."

Arguably Foreign Looking Individual: "I carry no such thing."

Arizona Officer of the Law:  "Well then, I will now handcuff and escort you to the county jail."

(note:  I have nothing against Arizona police-officers or Arizona as a state, this is a satirically hypothetical take on the new immigration law passed)

Ahhh yes, Arizona.  Land of pungent and vibrantly green flora, cascading aquatic oases, and vibrant game that would make any modest hunter giggle with glee.  Err... wait, maybe thats one of the other states that allows concealed carry without a permit.

Annyyywayyy....

 

I realize by now that the Arizona Immigration Law recently passed has probably been beaten into your heads more than teetotalism is at BYU, but I think it needs a bit more attention.

I find it very sad that this new immigration law exists.  It hurts the civil rights of many individuals that will no doubt be profiled based on their appearance.  I challenge Jan Brewer and the other stunning prodigies who crafted this law to define what "reasonable suspicion" really is.

 

 On Fox News Sunday, Bill Kristol (self-proclaimed liberal on immigration issues..what?) claims that the newest addition to Arizona's repertoire of anti-immigration decrees doesn't violate civil rights

Source:  ThinkProgress.org

Now I don't typically make an attempt to pillage through the proverbially mine-field that is Bill Kristol's brain, but I shall attempt to deconstruct his claims and try to make sense of them

KRISTOL: I doubt that it violates the Constitution, if it does, it’s a matter of federal preemption against state law. I don’t think it violates anyone’s civil rights. … I have actually read this bill it is not draconian. It is not going to lead to major civil rights violations. Will a few people get stopped perhaps because some policeman has reasonable suspicion that a person is illegal? Will he be stopped perhaps on the street and asked to provide his driver’s license? Yes. That is the huge horrible civil rights violation that’s going to occur 5 times or 8 times or 13 times in Arizona.

I fail to see how basing reasonable suspicion solely on looks and a good hunch constitutes good legislation, but hey far be it from me to question the state government of Arizona.  Even Mike "the body (of Christ)" Huckabee denounced this bill, saying there's no such thing as "american-looking."  Pro-life Libertarian Judge Andrew Napolitano even threw his hat into the ring.

Napolitano also said the law is “so unconstitutional that I predict a federal judge will prevent Arizona from enforcing it.”

Of course not all notable conservatives share the views of Huckabee and Napolitano.  Sarah Palin added her opinion to the matter, because nobody knows what they would do without it.  With millions of adoring fans and Palin-junkies tuning their Palin radar to here the verdict that they will no doubt blindly support, Palin didn't quite give an official answer or endorsement but instead offered this insightful and astute remark:

So more power to Jan Brewer for deciding that she was taking on an issue

So Palin is essentially praising Brewer's ability to sign her name on a paper.  Palin groupies will have to continue waiting in hopes of a verdict.

I'm no Constitutional lawyer, so I cannot definitively condemn this as Un-Constitutional.  However, the arguments against the laws constitutionality keep piling up.  No doubt this has more chance of getting repealed due to violation of the supreme law of the land than the Healthcare law does. 

But Bill Kristol isn't the most reputable person to be commenting on profiling-sensitive issues.  Let me jog everyone's memory a bit.  Heading back down memory lane take exit 34 to Fox News Sunday circa Feb. 3rd 2008.

BILL KRISTOL: Look the only people for Hillary Clinton are the Democratic establishment and white women... it would be crazy for the Democratic party to follow the establishment that's led them to defeat year after year... White Women are a problem - but, you know... we all live with that...

Source:  Media Matters

Kristol, you are indeed a piece of work....

 

... and an idiot.

Immigration Nation and Racial Profiling is Pulling in the Station

Arguably Foreign Looking Individual: Walking nonchalantly down a street in Phoenix

Arizona Officer of the Law:  Approaches Arguably Foreign Looking Individual "Excuse me sir, can I see some proof that you are a United States citizen?"

Arguably Foreign Looking Individual: "What? Why?"

Arizona Officer of the Law: "Because I have reasonable suspicion that you are not a legal citizen."

Arguably Foreign Looking Individual: "Reasonable suspicion? That is horseradish! Explain yourself."

Arizona Officer of the Law:  "You look suspiciously latino to me, and according to the new law recently signed by Gov. Jan Brewer, you are required to show proof of your citizenship."

Arguably Foreign Looking Individual: "I carry no such thing."

Arizona Officer of the Law:  "Well then, I will now handcuff and escort you to the county jail."

(note:  I have nothing against Arizona police-officers or Arizona as a state, this is a satirically hypothetical take on the new immigration law passed)

Ahhh yes, Arizona.  Land of pungent and vibrantly green flora, cascading aquatic oases, and vibrant game that would make any modest hunter giggle with glee.  Err... wait, maybe thats one of the other states that allows concealed carry without a permit.

Annyyywayyy....

 

I realize by now that the Arizona Immigration Law recently passed has probably been beaten into your heads more than teetotalism is at BYU, but I think it needs a bit more attention.

I find it very sad that this new immigration law exists.  It hurts the civil rights of many individuals that will no doubt be profiled based on their appearance.  I challenge Jan Brewer and the other stunning prodigies who crafted this law to define what "reasonable suspicion" really is.

 

 On Fox News Sunday, Bill Kristol (self-proclaimed liberal on immigration issues..what?) claims that the newest addition to Arizona's repertoire of anti-immigration decrees doesn't violate civil rights

Source:  ThinkProgress.org

Now I don't typically make an attempt to pillage through the proverbially mine-field that is Bill Kristol's brain, but I shall attempt to deconstruct his claims and try to make sense of them

KRISTOL: I doubt that it violates the Constitution, if it does, it’s a matter of federal preemption against state law. I don’t think it violates anyone’s civil rights. … I have actually read this bill it is not draconian. It is not going to lead to major civil rights violations. Will a few people get stopped perhaps because some policeman has reasonable suspicion that a person is illegal? Will he be stopped perhaps on the street and asked to provide his driver’s license? Yes. That is the huge horrible civil rights violation that’s going to occur 5 times or 8 times or 13 times in Arizona.

I fail to see how basing reasonable suspicion solely on looks and a good hunch constitutes good legislation, but hey far be it from me to question the state government of Arizona.  Even Mike "the body (of Christ)" Huckabee denounced this bill, saying there's no such thing as "american-looking."  Pro-life Libertarian Judge Andrew Napolitano even threw his hat into the ring.

Napolitano also said the law is “so unconstitutional that I predict a federal judge will prevent Arizona from enforcing it.”

Of course not all notable conservatives share the views of Huckabee and Napolitano.  Sarah Palin added her opinion to the matter, because nobody knows what they would do without it.  With millions of adoring fans and Palin-junkies tuning their Palin radar to here the verdict that they will no doubt blindly support, Palin didn't quite give an official answer or endorsement but instead offered this insightful and astute remark:

So more power to Jan Brewer for deciding that she was taking on an issue

So Palin is essentially praising Brewer's ability to sign her name on a paper.  Palin groupies will have to continue waiting in hopes of a verdict.

I'm no Constitutional lawyer, so I cannot definitively condemn this as Un-Constitutional.  However, the arguments against the laws constitutionality keep piling up.  No doubt this has more chance of getting repealed due to violation of the supreme law of the land than the Healthcare law does. 

But Bill Kristol isn't the most reputable person to be commenting on profiling-sensitive issues.  Let me jog everyone's memory a bit.  Heading back down memory lane take exit 34 to Fox News Sunday circa Feb. 3rd 2008.

BILL KRISTOL: Look the only people for Hillary Clinton are the Democratic establishment and white women... it would be crazy for the Democratic party to follow the establishment that's led them to defeat year after year... White Women are a problem - but, you know... we all live with that...

Source:  Media Matters

Kristol, you are indeed a piece of work....

 

... and an idiot.

Immigration Nation and Racial Profiling is Pulling in the Station

Arguably Foreign Looking Individual: Walking nonchalantly down a street in Phoenix

Arizona Officer of the Law:  Approaches Arguably Foreign Looking Individual "Excuse me sir, can I see some proof that you are a United States citizen?"

Arguably Foreign Looking Individual: "What? Why?"

Arizona Officer of the Law: "Because I have reasonable suspicion that you are not a legal citizen."

Arguably Foreign Looking Individual: "Reasonable suspicion? That is horseradish! Explain yourself."

Arizona Officer of the Law:  "You look suspiciously latino to me, and according to the new law recently signed by Gov. Jan Brewer, you are required to show proof of your citizenship."

Arguably Foreign Looking Individual: "I carry no such thing."

Arizona Officer of the Law:  "Well then, I will now handcuff and escort you to the county jail."

(note:  I have nothing against Arizona police-officers or Arizona as a state, this is a satirically hypothetical take on the new immigration law passed)

Ahhh yes, Arizona.  Land of pungent and vibrantly green flora, cascading aquatic oases, and vibrant game that would make any modest hunter giggle with glee.  Err... wait, maybe thats one of the other states that allows concealed carry without a permit.

Annyyywayyy....

 

I realize by now that the Arizona Immigration Law recently passed has probably been beaten into your heads more than teetotalism is at BYU, but I think it needs a bit more attention.

I find it very sad that this new immigration law exists.  It hurts the civil rights of many individuals that will no doubt be profiled based on their appearance.  I challenge Jan Brewer and the other stunning prodigies who crafted this law to define what "reasonable suspicion" really is.

 

 On Fox News Sunday, Bill Kristol (self-proclaimed liberal on immigration issues..what?) claims that the newest addition to Arizona's repertoire of anti-immigration decrees doesn't violate civil rights

Source:  ThinkProgress.org

Now I don't typically make an attempt to pillage through the proverbially mine-field that is Bill Kristol's brain, but I shall attempt to deconstruct his claims and try to make sense of them

KRISTOL: I doubt that it violates the Constitution, if it does, it’s a matter of federal preemption against state law. I don’t think it violates anyone’s civil rights. … I have actually read this bill it is not draconian. It is not going to lead to major civil rights violations. Will a few people get stopped perhaps because some policeman has reasonable suspicion that a person is illegal? Will he be stopped perhaps on the street and asked to provide his driver’s license? Yes. That is the huge horrible civil rights violation that’s going to occur 5 times or 8 times or 13 times in Arizona.

I fail to see how basing reasonable suspicion solely on looks and a good hunch constitutes good legislation, but hey far be it from me to question the state government of Arizona.  Even Mike "the body (of Christ)" Huckabee denounced this bill, saying there's no such thing as "american-looking."  Pro-life Libertarian Judge Andrew Napolitano even threw his hat into the ring.

Napolitano also said the law is “so unconstitutional that I predict a federal judge will prevent Arizona from enforcing it.”

Of course not all notable conservatives share the views of Huckabee and Napolitano.  Sarah Palin added her opinion to the matter, because nobody knows what they would do without it.  With millions of adoring fans and Palin-junkies tuning their Palin radar to here the verdict that they will no doubt blindly support, Palin didn't quite give an official answer or endorsement but instead offered this insightful and astute remark:

So more power to Jan Brewer for deciding that she was taking on an issue

So Palin is essentially praising Brewer's ability to sign her name on a paper.  Palin groupies will have to continue waiting in hopes of a verdict.

I'm no Constitutional lawyer, so I cannot definitively condemn this as Un-Constitutional.  However, the arguments against the laws constitutionality keep piling up.  No doubt this has more chance of getting repealed due to violation of the supreme law of the land than the Healthcare law does. 

But Bill Kristol isn't the most reputable person to be commenting on profiling-sensitive issues.  Let me jog everyone's memory a bit.  Heading back down memory lane take exit 34 to Fox News Sunday circa Feb. 3rd 2008.

BILL KRISTOL: Look the only people for Hillary Clinton are the Democratic establishment and white women... it would be crazy for the Democratic party to follow the establishment that's led them to defeat year after year... White Women are a problem - but, you know... we all live with that...

Source:  Media Matters

Kristol, you are indeed a piece of work....

 

... and an idiot.

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