Weekly Diaspora: AZ Lawmakers Try to Ban Undocumented Children from Public School

by Catherine A. Traywick, Media Consortium blogger

Arizona lawmakers are considering two bills that would block undocumented immigrants’ access to education to an even greater degree than current state law.

SB 1611 — sponsored by state Senate President Russell Pearce (R) — bans undocumented students from enrolling in Kindergarten through 12th grade and attending community college. It also requires schools to notify law enforcement agencies if parents are unable to submit proof that their child is a citizen or legal resident. The other bill, SB 1407, requires schools to submit data on the number of enrolled undocumented and authorized immigrants alike, under threat of funding loss.

Given the state legislature’s persistently anti-immigrant stance on public education, these new laws are plainly part of a larger strategy. The state was the first to pass a law prohibiting students from receiving public funding for education, including merit-based scholarships, and last year welcomed two new laws banning ethnic studies and equal opportunity programs. The measures being considered now would work in tandem with those other laws to categorically deprive undocumented students of an education, while subjecting even authorized immigrants to greater scrutiny than before.

Challenging Plyler v. Doe

New America Media’s Valeria Fernandez reports that the proposed measures are an attempt on the part of lawmakers to spur a challenge to the Supreme Court’s 1982 decision in Plyler v. Doe. The landmark ruling determined that children, regardless of citizenship, have a constitutionally guaranteed right to public education.

Anti-immigrant politicos have long taken issue with the decision, arguing that the public education of undocumented immigrants is an undue economic burden to the state. But many educators take the opposing view. As one Phoenix high school principal told New America Media, such hostile measures have already cost him 100 students, which means fewer financial resources for the school as funding is determined by the number of students enrolled. Other critics contend that failing to educate these students “would create an underclass and harm the state’s long-term interests.”

Public education undermined by older, white electorate

But, as Harold Meyerson notes at The American Prospect, the unfortunate fate of Arizona’s immigrant population is compounded by the fact that, while only 42 percent of Arizonans under 18 are white, 83 percent of Arizonans over 65 are white. As he states, the educational opportunities of a rapidly growing population of racially diverse youth are being determined — or undermined — by a class of much older, white Americans.

As racial demographics across the United States are shifting in much the same way as in Arizona, the political power dynamic could change accordingly. But until then, state lawmakers in Arizona are taking drastic measures to ensure that the state’s growing majority of Latinos — and especially immigrants — are deprived of the educational opportunities that would enable them eventually to shift the political status quo.

Labor groups jump into the fray

Perhaps that’s why organizations representing sectors besides education are now getting behind educational equality measures. As Seth Sandronsky reports for Working In These Times, prominent labor organizations including the AFL-CIO and the southern Arizona-based Pima Area Labor Federation (PALF) have recently announced their opposition to Arizona’s ethnic studies ban, and their support of the Tucson Unified School District’s Mexican American Studies program, which is allegedly in violation of the ban.

In an interview with Sandronsky, Rebekah Friend, the secretary-treasurer for the Arizona AFL-CIO, illuminates the links between educational equality, labor rights and civil society:

HB 2281 (the ethnic studies ban) in Arizona is part of a bigger, repressive attempt nationwide to control parts of the population, from women’s health care to workers’ and immigrants’ rights. … It’s a mindset to cleanse out ethnic studies, unions, and all social spending generally that we in unions and others have fought for, like the eight-hour working day, child labor laws and social security, and won.

California and Connecticut to pass their own DREAM ACT?

Meanwhile, as Arizona youth and their allies continue the fight for education, two other states are pushing the envelope on educational equality for undocumented students. Connecticut and California have both considered passing their own versions of the DREAM ACT. While the original DREAM ACT, which died in the Senate last November, would have created a path to legalization for certain undocumented youth who committed to attending college, these new bills are less sweeping, if similarly progressive, in scope.

Melinda Tuhus of the Public News Service reports that Connecticut’s DREAM ACT “would allow undocumented high school graduates to pay in-state tuition at Connecticut’s public colleges, if they graduate after four years of high school.” And in California, the legislature’s Higher Education committee has already moved forward with its own mini DREAM ACT, which “would allow undocumented immigrants who graduate from a California high school to qualify for college scholarships and financial aid,” according to New America Media/La Opinion.

The measure builds on a California Supreme Court ruling last November, which upheld the state’s decision to allow undocumented students to pay in-state tuition at public colleges.  Both states’ measures run counter to the growing national trend of denying in-state benefits and public funding to undocumented students — a retrogressive movement that began with the passage of Arizona’s pernicious 2005 law, Prop 300.

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.

 

 

Weekly Diaspora: Tucson Shooting Reshapes Explosive Immigration Debate

by Catherine A. Traywick, Media Consortium blogger

The Tucson shooting that left Representative Gabrielle Giffords (D-AZ) critically wounded and 6 others dead last Saturday wasn’t explicitly motivated by Arizona’s polemical stance on immigration. Nevertheless, the tragedy bears a number of weighty implications for immigration issues both in Arizona and across the nation.

Contextualizing political violence

Pima county sheriff Clarence Dupnik was among the first to discuss the shooting within the context of Arizona’s heated immigration battles. In several television appearances, he characterized the tragedy as a product of hatred and intolerance, telling reporters during one press conference that Arizona has “become the Mecca for prejudice and bigotry.” Many on the right, including Senator Jon Kyl, were quick to admonish Dupkin for needlessly politicizing a national tragedy.

But, as Care2’s Jessica Pieklo argues, the sheriff’s contentiously moderate stance on immigration makes him uniquely positioned “to shine a critical light on the fevered political rhetoric that has enveloped his state and this country.” While Dupnik has spoken out against Arizona’s SB 1070, engendering the goodwill of immigrant rights advcoates, he has also argued that schools should check the immigration statuses of students, a position endorsed by the anti-immigrant right. Given his varied stance on the issues, it’s difficult to dismiss his characterization of the tragedy as some kind of party-line pandering. Rather, his statement seems an objective assessment of Arizona’s volatile political culture—made all the worse by increasingly fierce immigration debates.

And as Dupnik probably well knows, that volatile political culture has repeatedly coalesced into political violence over the past 20 years. Following the shooting, the immigrant rights group Alto Arizona produced an interactive timeline of Arizona’s long history of violence. As ColorLines’ Jamilah King notes, this troubling history has frequently centered on explosive immigration issues, from Sheriff Joe Arpaio’s lawlessness to murders committed by Arizona Minutemen.

Tragedy leaves gaps in immigration debate

The attack on Rep. Giffords, as well as her subsequent absence from Congress, raises a number of concerns about the direction of immigration policy in 2011. While some immigrant rights groups maligned her broad support of increased border enforcement, Giffords nevertheless stood out as one of few Arizona legislators who also broadly supported immigrant rights. John Rudolph at Feet in 2 Worlds points out that she represented an important border district, supported the DREAM Act, and opposed SB 1070. And as a result of the shooting, Rudolph argues, Giffords’ pivotal voice “has been sidelined at a time when moderate voices are desperately needed.”

Unfortunately, Giffords wasn’t the only shooting victim whose voice could have critically altered immigration politics in Arizona. Federal judge John Roll, who was killed during the shooting, had been overseeing the court case challenging Arizona’s recently enacted ethnic studies ban, HB 2281. The anti-immigrant measure, which specifically targets the Tucson Unified School District’s Mexican American Studies program, went into effect only days before Roll’s death—an unsettling coincidence, particularly as Roll’s judicial career has repeatedly landed him in the center of explosive immigration battles.

New America Media reports that Roll became a target of political violence as recently as 2009, when he allowed 16 undocumented Mexican immigrants to go forward with a $32 million lawsuit against a vigilante Arizona rancher with a reputation for rounding up immigrants. The case provoked such ire from conservatives (ranging from phone calls to death threats) that Roll and his wife required 24-hour protection from one month.

There’s no word yet on how the case against HB 2281 will proceed, or on the length of Rep. Giffords’ anticipated absence from Congress.

Shooting underscores Republican division

Meanwhile, mounting fear of Arizona’s violent political culture has crossed party lines—taking hold of state Republicans who fear that Tea Party extremists will target them for being too moderate. Four Republican politicians representing Arizona’s Legislative District 20 have resigned from office following the shooting on Saturday, Lauren Kelley reports at Alternet. The first to go, chairman Anthony Miller, said that he has faced “constant verbal attacks” from Tea Party members angry over Miller’s deciion to support Sen. John McCain’s (R-AZ) campaign over that of the avowedly anti-immigrant J.D. Hayworth. Soon after Miller announced his resignation, three other Republican officials followed suit: secretary Sophia Johnson, first vice chairman Roger Dickinson and district spokesman Jeff Kolb.

Their resignations highlight growing divisions within the Republican Party over the increasingly extremist positions of certain party leaders, especially in Arizona. Since state senator Russell Pearce and a cohort of other legislators introduced their birthright citizenship bill last week—which would deny citizenship to the U.S.-born children of unauthorized immigrants—various elements of the Party have spoken out against the radical nature of the measure. Change.org’s Alex DiBranco reports that Somos Republicans, an organization representing a minority of Hispanic Republicans, are decrying party leaders’ use of the slur “anchor baby” as well as their “unholy alliance” with the Federation of Americans for Immigration Reform (FAIR), an anti-immigrant group. New America Media’s Valeria Fernández and Elena Shore similarly report that a contingent of conservative religious leaders have also come out in strong opposition of the measure, arguing that the bill defies “the teachings of Jesus Christ” and the “values of America.”

Clearly, while the Tucson tragedy silenced measured voices critical to Arizona’s immigration debates, it has also compelled many members of the right to reconsider the radical positions of their fellows—especially on the volatile issue of immigration.

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.

 

 

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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Weekly Diaspora: Schools a Minefield for Undocumented Students After DREAM defeat

by Catherine A. Traywick, Media Consortium blogger

It’s no secret that anti-immigrant activists have a penchant for targeting youth, the most vulnerable of the undocumented set. But the Senate defeat of the popular DREAM Act confirmed the obvious. The war on immigrants is being waged not only along our borders, but within our classrooms as well.

But depriving undocumented students with a pathway to citizenship clearly wasn’t enough. From coast to coast, anti-immigrant forces are trying to block undocumented students from attending college, keep Latino teens from learning about their cultural heritage, and stop immigrant children from knowing their rights.

Undocumented students need not apply

Georgia has become the latest state to consider banning undocumented students from college. While no federal laws prohibit undocumented youth from pursuing higher education, a number of states—like Arizona—have attempted to block access to college by denying in-state tuition and publicly funded scholarships. Georgia, however, is among the first to attempt an outright ban on undocumented students.

According to Prerna Lal at Change.org, North Carolina community colleges tried to implement a similar ban last year, but repealed it after realizing the law was causing the schools to lose money. Wary of meeting the same fate, Georgia colleges—including University of Georgia and Georgia Tech—are thinking about a more measured policy that would ban undocumented students only if schools lacked the space to admit all qualified candidates. Lal notes that such a policy would serve political rather than practical ends, as undocumented students make up less than one percent of Georgia college’s 310,000 students.

Ethnic studies are un-American?

Meanwhile, in Arizona, students of all ages are facing an uphill battle for ethnic studies curricula. A controversial law signed by Governor Jan Brewer (R) last May threatens to abolish a variety of ethnic-based academic programs by the end of the year. The law, which makes exceptions for Holocaust, African-American, and American Indian studies, seems to specifically target Raza Studies—a program that promotes Mesoamerican history, culture, and pedagogies.

Roberto Rodriguez at New America Media reports that school districts are standing against the  law and in support of the Raza Studies program which is proven to positively impact student success:

The consensus amongst Tucson’s Mexican- American community is that come Jan. 3, 2011, Raza Studies will be fully operational—continuing to educate and inspire minds and prepare students to attend colleges and universities nationwide. The program is virtually an anti-dropout program (more than a 90 percent graduation rate) and a college student factory (upwards of 70 percent go on to college).

State schools superintendent Tom Horne is a vocal proponent of the law, which renders him the target of a potentially historic lawsuit that some say could rival Brown v. Board of Education. The new law is just the latest in a slew of measures intended to make Arizona a hostile environment for Latinos, thereby discouraging immigration while driving attrition.

Know your rights

In response to growing hostility towards immigrant students of all ages, some schools have started educating youth about their rights—even distributing “Know Your Rights” cards.

As Elise Foley at the Washington Independent reports, a couple of San Diego schools have incurred a fair amount of controversy for doing just that. After receiving reports that undocumented students were having a hard time concentrating in school due to stress related to their immigration status, schools began disseminating pamphlets teaching kids to “protect yourself from immigration raids!” The pamphlets drew ire from local police, who argued that the illustrations portrayed them in a negative light.

Drop the I-Word

In the meantime, Colorlines has launched a campaign to counter negative depictions of the undocumented. They’ve teamed up with a host of other progressive organizations remove the term “illegals” from media discourse. The I-word, according to the campaign, “creates an environment of hate by exploiting racial fear and economic anxiety, creating an easy scapegoat for complex issues, and OK-ing violence against those labeled with the word.”

The I-word is particularly pernicious when applied to undocumented children, whose constitutionally protected right to a public education seems ever in question. By dropping the racially charged term, media outlets can better foster meaningful dialogue about immigrants and immigration instead of producing anti-immigrant sound bites that only foster division and hate.

The DREAM is not dead

In the same spirit of community empowerment, several non-profit organizations have launched a $300,000 Spanish-language campaign to leverage support of the DREAM Act into votes against the Republican Party. According to Sarah Kate Kramer of Feet in Two Worlds, the ads are being aired in nine crucial cities across the country, and feature a montage of voices claiming to be “the undocumented students of the DREAM Act.” They urge the public to vote Democratic, saying:

…who opposed this bill? Who wants to quash our dreams? Republicans. The same people who opposed the extension of unemployment benefits. Republicans. Who try to deny immigrant rights in Arizona and other states. Republicans. Who always seem to stand with big corporations against working families.

As mid-term elections draw nearer, anti-immigrant forces will likely come down harder on undocumented students whom they falsely claim are stealing public education from citizens. Fortunately, with Democrats promising to revisit the DREAM Act post-election, Latinos have everything to gain by getting out the votes.

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.

 

 

Oh Arizona! Jokes aside, how many racist laws can we deal with?

From the Restore Fairness blog.

The British band Massive Attack played in New York City last night, and while their entire performance was framed by high-tech LCD projections against war, racism, corporate monopolies and violations of civil rights around the world, the specific moment at which the audience erupted in cheers was when the visuals denounced the harsh new law targeting immigrants in Arizona. In addition to inspiring creative forms of old-school activism, it looks like Arizona’s giant fiasco around the highly controversial and potentially racist anti-immigrant law, SB1070, has inspired some interesting (and appropriately ridiculous) humor. In the name of satire, the ACLU has launched a glorious new website called “The Deprofiler” which offers free “white people” masks that promise to protect against the threat of “reasonable suspicion” that Arizona’s new law places on people that are not white, and especially on the Latinos that account for 30% of Arizona’s population. Their pitch reads-

Being Brown was never easy. But now, due to SB1070, it can get you thrown in jail. Deprofiler.com allows you to print a mask of a friendly white person’s face to wear while you’re in Arizona. Now you can bask in the freedom and confidence of knowing you’ll never be harassed by the police. Get yours.

So if you’re worried, just select the mask of your choosing (they offer a selection of “whites”), print out a pdf, cut to holes in it for eyes, attach a piece of string, and you’re ready to go. Their sharing tools urge you to help keep a friend out of jail so “help a friend be white today!” Hysterical as it is, it’s more than just laughs; the final step asks users to take action and learn more about the issue by going to the Reform Immigration for America website.

A group of filmmakers who are concerned about the backward turn that lawmakers are taking when it comes to making informed decisions that respect the values of freedom and equality that this country stands for, created this PSA ridiculing Arizona’s SB1070. The video shows a police officer in Arizona chasing down a car in which the driver is obviously drinking. The officer asks him for his “papers” (including license, registration, social security card, birth certificate and work permit), but when the camera zooms out, we see that instead of questioning the drunk driver, he is questioning his sober Latino friend. Check it out for yourself-

Ridiculous as the scenario in the video is, it is not as far from the truth as it should be. Jokes apart, Arizona’s law, that makes it a crime to be undocumented and mandates that police officers stop and question someone based on how they look, seems to have unleashed a spate of state laws that aggressively threaten the equality, dignity and healthy co-existence of this country’s diverse population. Following the passage of SB1070, Gov. Jan Brewer has signed off on a bill that bans schools from teaching “ethnic studies,” classes that teach students of color about their heritage and history. The bill bans these classes based on the logic that they promote “resentment,” and encourage students to want to “overthrow” the U.S. government.

State schools chief, Tom Horne, who has been advocating for this bill (HB2281) for many years, believes that the Chicano and Mexican studies classes taught in the Tuscon school district (the first district where this bill will be implemented) teach Latino students that they are “oppressed by White people.” The Tuscon School district program offers its students, who are 56% Hispanic, courses on African-American, Mexican-American and Native-American studies that include the history and literature of specific ethnic group. According to Horne, these programs promote ethnic solidarity, “ethnic chauvinism” and racial resentment towards whites, rather than treating the students as “individuals.”

According to school district officials, the programs simply teach students the background to historical events, rather than promote resentment and hate towards other ethnic groups. This is what the Racism Review had to say about it-

An honest discussion of the history of whites’ racial oppression targeting Mexican Americans, Native Americans, African Americans, and other Americans of color in the southwest and elsewhere will be out of the question when and if this legislation goes into effect. Truth-telling about our white-racist history, and resistance to it by Americans of color, that gives people honest understandings (and/or group pride) will actually be illegal, as seen in this legislation of the folks in the Arizona legislature.

Sean Arce, director of Tuscon’s Mexican-American studies program, is disappointed that the state has decided to censor an academic program that has proved extremely successful. Judy Burns, who is on the Tuscon district’s governing board says she will refuse to comply with the law, and will not end the program that focuses on Chicano literature, history and sociology, and currently has a significant percentage of students enrolled in it. Once the law comes into effect (on December 31st, districts that do not comply with it could lose 10% of their State funding every month.

It is frightening that these legislators in Arizona believe that teaching young people about their history and cultural heritage is akin to promoting resentment between ethnic groups. Instead of encouraging a society built on freedom of thought, accessibility to knowledge and honest discussion, laws such as this one simply serve to deny the rich and diverse culture that is integral to the fabric of this country. To show your support for bringing back human rights in Arizona and protesting the spate of hateful laws, join AltoArizona for a Mass Mobilization on May 29th!

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