Will Someone Please Hand That Man A Napkin?

Originally posted on the AILA Leadership Blog   

The Arizona court ruling enjoining parts of Arizona’s S.B. 1070 is a major victory for all who respect and cherish the rule of law. True, Judge Bolton did not halt the entire law. But what she did do—enjoin S.B. 1070’s most dangerous and damaging provisions—was astonishing.

Federal courts do not easily second guess the wisdom of state legislators and governors after they debate, pass, and enact law. Nor should they. The courts give great deference to the will of the representative bodies in fashioning public policy. So, asking a federal court to throw out a law is a tall order and, appropriately, carries with it a major burden.

Judge Bolton’s decision this week was premised on her review of the entire case against S.B. 1070, which included the legal arguments of both sides and the sworn testimony of key law enforcement officials, such as Phoenix Police Chief Jack Harris. Harris explained in a lengthy affidavit that S.B. 1070 would severely hamper his ability to serve and protect the citizens of his community by burdening his officers and eroding trust in law enforcement. And he was not alone. Others testified that the ill conceived law directly conflicted with the legal protections offered to victims of crime and human trafficking, threatened U.S foreign policy, and dangerously stymied federal and state agencies. Judge Bolton came to her difficult decision only after she concluded that S.B. 1070 would cause the United States to “suffer irreparable harm” if its key provisions were not immediately blocked from taking effect. Her extraordinary decision underscores the force of the government’s case.

Perhaps that explains why the anti-immigrant restrictionists have been uncharacteristically sheepish in the wake of Judge Bolton’s decision. Don’t get me wrong. I didn’t expect them to offer cogent legal analysis or sound arguments in response. But I must admit I am surprised that the best they can come up with is the lame talking point that Judge Bolton’s well reasoned decision is merely a “bump in the road” for the “show me your papers” law.

Well, maybe so, but the “bump” appears to have knocked out the engine!

Even Kris Kobach, who is running for Kansas Secretary of State on a platform of anti-immigrant vitriol and boasts that he co-authored S.B. 1070 with Arizona Senator Russell Pearce, has hunkered down on Fox News and his facebook page. It’s hard to believe that just a few short weeks ago, the day after Arizona enacted S.B. 1070, Kobach spilled his pen on the op-ed page of the New York Times defending the law and belittling its opponents. . He condescendingly wrote,

Predictably, groups that favor relaxed enforcement of immigration laws… insist the law is unconstitutional. Less predictably, President Obama declared it “misguided” and said the Justice Department would take a look.

Presumably, the government lawyers who do so will actually read the law, something its critics don’t seem to have done. The arguments we’ve heard against it either misrepresent its text or are otherwise inaccurate.

Well, Judge Bolton’s opinion shows she did read the Arizona law—word by ill conceived word—and concluded that S.B. 1070 is not an acceptable enforcement tool as Kobach claimed, but a violation of the Constitution.

Kobach and his restrictionist cohorts would be well advised to read the Constitution too. But that will have to wait. At the moment he is wiping the egg off his face.

The pathway to Justice in the U.S. is through the Courts

With Brown v. Board of Education, Roe v. Wade, and Lawrence v. Texas, the most substantial civil rights victories of the 21st century have been through the courts, and it seems that the fight for justice for immigrants will follow this pattern. Legislatures are too susceptible to political whims, and their decisions are often based not on what is just or right, but what is popular. The courts, on the other hand, are more sheltered from political pressure and have a responsibility to act on logic instead of raw emotions and hateful rhetoric.


Thus, it was a step towards justice for immigrants today when U.S. District Judge Susan Bolton ruled in favor of blocking the most caustic and discriminatory provisions of Senate Bill 1070 in Arizona (see news article). More than that, it was a message to the nation that despite the growing fears of immigrants, who are dehumanized and labeled “the other,” the law will uphold their dignity and humanity. Here in Ohio, it was a step towards defeating the political game-playing of Representatives Courtney Combs and Butler County Sheriff Jones who want to introduce copy cat measures of the bill.

However, the entire nation will be watching and waiting as the court determines the merit of the lawsuit alleging that SB 1070 is unconstitutional. Based on history, it is likely that the courts will come to the right conclusion. Even if not in the federal district, this nation will eventually come back to it founding principles: that all are created equal, and thus all deserve equal rights. Even more optimistic, this battle could be rendered altogether moot if congress would act on immigration reform, -- which is the real solution to dignity for immigrants.

Submitted by Florentina Staigers

Faithful protest Arizona law: Immigration reform focus at rally of 150

Ten-year-old Jamie Aristigue differentiates between her country and her parents' country.

She was born in the United States, just like her little sister, Frida, who is 5. Their parents are from Mexico.

Their father, Fernando Aristigue, 36, "has been taken away from us and is in jail," Jamie said, crying, in front of of about 150 people gathered on the Statehouse lawn yesterday evening.

That's because, the Slate Hill Elementary student said, he re-entered the country without permission.

Jamie's mother, Magali Cruz, 29, who is due to have a child next week, and Frida, wearing a traditional red, white and green dress, stood at the microphone with her.

The Worthington-area family was part of a faith-based rally that was pushing for immigration reform. Participants said their diverse faiths all demand the same thing: compassion and love for the strangers in our midst.

Check out the full story (July 22, 2010) on the Columbus Dispatch website by clicking here. 

It's amazing how hateful the rhetoric is on the commentary of this article when this is a vigil calling for compassion and love.  But let's remember what Martin Luther King Jr. said: "Hate cannot drive out hate; only love can do that."

In the Eye of The Perfect Storm

Originally posted on the AILA leadership blog at www.ailaleadershipblog.org

4:30 a.m. came a little too early.

But the alarm went off and I had to get up to catch my plane to Kansas City. Tony Weigel, the Kansas/Missouri AILA chapter chair, had assembled a very ambitious agenda for the day, chock-full of print and electronic media interviews, a press conference, and participation in a “Silent Vigil”. So, I grabbed a cup of strong black coffee and made my way to the airport.

At 10:00 a.m. when I got off the plane in Kansas City the first thing I saw was a sign, with an image of a twister, directing people to a tornado shelter. Kansas is famous for its violent storms and it did not escape me that although the sky was clear and the hot humid air still, a cyclone of hatred fueled by the intolerant message of Arizona’s infamous Sheriff Joe Arpaio and FAIR’s Kris Kobach might well wreak havoc in the area if left unchecked. I was about to enter the eye of the storm.

Arpaio had pulled himself away from terrorizing the Latino neighborhoods of Maricopa County long enough to fly into to Kansas to endorse Kris Kobach, who is running for Kansas Secretary of State on a platform of fear. Kobach, you see, who is an attorney with FAIR, takes credit for co-authoring Arizona’s notorious “Show Me Your Papers” S.B. 1070 which effectively codifies the notion that the darker person’s skin tone, the more likely it is they are illegal.

So today Kansas City was ground zero for the restrictionist’s message—billed as a fundraiser for Kobach and dubbed “The Illegal Means Illegal Rally”. My mission? To make sure that that Kobach-Arpaio message of fear and xenophobia was met with the truth: that immigration is good for America, economically, socially, and, above all, morally.

The first stop was the office of AILA member and immediate past Kansas/Missouri Chapter Chair Roger McCrummen who had graciously offered his spacious new offices as a venue for television interviews.

First up at 10:30 a.m. was Marissa Cleaver, a reporter for the NBC affiliate. Marissa immediately zeroed in on Kobach’s central claim—that the Arizona immigration law simply mirrors the federal law and does not promote racial profiling because it merely requires that immigration status be checked if “reasonable suspicion” of unlawful status is developed during a lawful police stop. I explained to her that, to the contrary, Arizona’s infamous law promotes racial profiling by effectively requiring law enforcement to draw conclusions about a person’s immigration status based on they how look, not what they have done. I also pointed out that the Arizona statute directly contradicts federal law by criminalizing undocumented status. In particular, I explained, it victimizes women, children, and the elderly, who have suffered domestic violence, human trafficking, and other violent crime. http://bit.ly/9Z9FX9.

Next on the schedule, at high noon, was reporter Rob Low of the local FOX affiliate. But despite his station’s network affiliation he was neither a Glen Beck nor a Sean Hannity “wanna be”. His questions were, unlike theirs, fair and balanced. Rob was very familiar with immigration matters, in particular issues which involve the pervasive “culture of no” in benefits adjudications. We had a good productive interview about the destructive message of Arpiao and Kobach and how real immigration reform requires secure borders, coupled with a safe, orderly, fair immigration system that protects due process and meets the needs of American families and business.

Once Rob was done, Tony, Roger, and I enjoyed a quick lunch of sandwiches and salad, arranged by Roger’s hospitable office staff. Then Tony and I were off to the Kansas City Star for a 2:00 pm meeting with Matt Schofield, an editorial writer. Matt has just returned from several years overseas as the Star’s Baghdad bureau chief and was reacquainting himself with the current immigration debate—although it was clear he had a tight grasp of the issues. Matt was stunned to learn that generally unlawful or unauthorized presence in the U.S. is not a crime. In fact, he was so surprised he emailed me after I returned to Cleveland to make sure he had understood me correctly. I was struck by how successful the restrictionists have been at criminalizing and dehumanizing immigrants though their hate filled propaganda. If Matt Schofield, an editorial writer for a major newspaper, was under the misimpression that undocumented status is criminal, I can only imagine what the average American believes. Our conversation reminded me how much educating we have to do.

Shortly after 2:45 p.m. we excused ourselves and sped off to the St. Mark’s Methodist Church in Overland Park, Kansas where I was scheduled to give the lead statement at a 3:00 p.m. press conference. It had been organized by AILA and a coalition of groups who had arranged a “Silent Vigil” later in the afternoon to coincide with the Kobach-Arpaio event.

The media turned out in full force. The press conference was conducted against the backdrop of silent protesters holding signs decrying the Kobach-Arpaio message of hate. At the last minute, the Coalition had been joined by the NAACP, which was holding its annual conference in Kansas City. The voices of tolerance and compassion speaking truth to hate were growing by the minute! Again the question of the civil vs. criminal nature of immigration law and, in particular, unlawful presence in the U.S. was raised by a reporter who had assumed that violation of the civil immigration statutes was a criminal offense. As I explained the law to him, I was again struck by how successful the anti-immigrant restrictionists have been at demonizing the victims of our broken immigration system.

Like a boot camp sergeant, Tony kept me on our tight schedule which had, as our next stop, a 4:00 p.m. on-the-air interview with Carolyn Long of KCTV5, the CBS affiliate. Luckily the station was only minutes away. So we left the church and raced to the television station. Arpaio and Kobach had also been invited to appear but failed show up. So, I took advantage of the opportunity to spread a positive message in support of comprehensive immigration reform. Carolyn and I had a great on-the-air discussion.

Mercifully Tony had built in an hour of rest between 4:30 and 5:30 p.m. So we went to the offices of AILA member Sarah Schlicher who offered us refuge from the oppressive heat, refreshments, and chocolate in her beautiful (and thankfully air conditioned) new offices in Overland Park, Kansas.

But 5:30 p.m. came quickly and we were off to the last event of the day, the 6:00 p.m. “Silent Vigil” at the sight of the Kobach-Arpaio “Illegal Means Illegal” rally. The weather was hot and humid—flirting with 100 degrees—and I was convinced only a handful of people would come out in support of immigrants’ rights. But was I wrong. Hundreds of people were already silently and peacefully holding vigil outside the complex where Kobach and Arpaio were raising money. And despite the heat the crowd continued to grow. Amazingly, the NAACP sent two busloads of people to march in support of comprehensive immigration reform and in opposition to the Kobach-Arpaio message of intolerance. They came armed with signs that read “Hope Not Hate”.

There are no words to describe what I felt as I stood amid the wonderful, diverse, and hopeful mass of patriotic Americans who had come out in full force to demand action in the face of injustice.

At 7:00 p.m., long after I had shed my suit jacket and tie, Tony drove me back to my hotel and we talked about the long day. We had been successful in getting out an overwhelmingly positive message in favor of comprehensive immigration reform. Equally important, a diverse coalition of people had come together and successfully blunted the message of fear, hatred, and intolerance offered by Kobach and Arpaio.

Hispanic leaders target myths

By Mark Curnutte • mcurnutte@enquirer.com • July 11, 2010

A local delegation of a dozen Hispanic community leaders will head to New Mexico later this week for the national convention of the League of United Latin American Citizens. A year from now, some 15,000 to 20,000 Hispanic leaders and supporters will be in Cincinnati when the LULAC national convention comes to the Duke Energy Center.

In the time between, Hispanic advocates locally plan to speak out in an attempt to dispel what they say are falsehoods and other misleading information about Latin American immigrants in Greater Cincinnati and Northern Kentucky.

"We need to change the narrative," said Leo Pierson, an economic sociologist at Cincinnati State Technical and Community College and a board member of the Cincinnati LULAC chapter. "We need to move beyond the myths of high crime and illegal invasion. We need to talk about what Hispanic people are doing."

In Ohio, he said, there are only about 360,000 Hispanics, and 270,000 of them are in the United States legally as citizens or with visas.

Hispanics and other immigrants contribute to the health of the economy by starting small businesses or working in high-tech or other professional areas. Small businesses owned by Hispanics - like those by Africans and Eastern European immigrants - add to the cultural richness of the region. Most important, Pierson said, Hispanics and other immigrants are fueling population growth in a region that otherwise would be losing population.

Pierson said conversations need to be held among Hispanics to rebuke incorrect information.

"Ohio's Latino population is new, only 10-15 years old, and we're not organized," he said. "Some of us believe what we hear."

Accurate information about the local Hispanic community needs to be distributed by LULAC and through the Su Casa Hispanic Center in Carthage. Efforts then need to get into the media and the overall population through contact with civic organizations and churches.

Much of the local dialogue on Hispanics has been set by two Butler County politicians, Sheriff Richard Jones and State Rep. Courtney Combs, R-Hamilton, who have traveled to the Mexican border in Arizona and want a tough state law in Ohio similar to the one signed by April by Arizona's governor. The Obama administration filed a lawsuit this past week asserting that it conflicts with federal law.

The immigrant population in Ohio is about 3 percent (371,000), compared to 14 percent (851,000) in Arizona.

Jones and Combs' efforts, which received support in June from Fairfield Mayor Ron D'Epifanio and its seven-member council, also have led Jones to take his cause public to civic groups. He spoke in June to an audience in Hamilton and said that Butler County deports 30 to 50 undocumented immigrants a week.

Jones said his concerns about illegal immigration relate to public safety and economics. He said federal or state politicians should enact legislation that prevents taxpayers from having to pay the costs of illegal immigration.

Ohio voters say 45-35 percent they would like Ohio to pass an immigration law similar to the law in Arizona, according to a Quinnipiac University poll of 1,107 registered Ohio voters conducted in June. The poll showed, too, that 72-22 percent think immigration reform should move in the direction of stricter enforcement rather than integrating illegal immigrants into American society.

About the Poster: Leo Pierson is a sociologist and instructor at Cincinnati State Technical and Community College. His research focuses on local and state level immigration policy, and immigration conflict in the U.S. Leo is also the Ohio State Director of Civil Rights for the League of United Latin American Citizens (LULAC).

Toledo City Council Divided on Immigration

While the federal government ventured Tuesday into the Arizona immigration debate and filed a lawsuit to stop the state's tough crackdown on illegal immigrants, Toledo City Council was divided on whether it should vote on a resolution calling for national immigration reform.

Council voted 6-6 on whether to relieve from committee the resolution, which was offered by Councilmen Adam Martinez and Joe McNamara. Seven votes were needed to get the legislation out of committee for a vote.

Mayor Mike Bell, who can break the tie, declined last night to do so. He said he would vote at the next regular meeting in two weeks.

Click Here to Read the full Toledo Blade Article

Contact Mayor Mike Bell to Ask Him to Support the Resolution!!!
419-245-1001
mayor.toledo@toledo.oh.gov