“Show Me Your Papers”: The Constitution Protects U.S. Citizens From Laws Like Arizona’s
Arizona’s frustration with our nation’s dysfunctional immigration system is understandable. But its restrictive “show me your papers” immigration law is unconstitutional and un-American.
The U.S. Constitution protects and safeguards our most fundamental rights—the rights that are the bedrock of our freedom and democracy. Each of us has the right to be treated equally and fairly, and to not be discriminated against on the basis of the color of our skin or the accent with which we may speak.
Arizona’s law violates these precious Constitutional protections. Already, in Arizona and other states with “show me your papers” laws, U.S. citizens who don’t happen to carry proof of their birth in the United States in their back pockets are being treated with suspicion and are facing arrest and detention until they can convince law enforcement authorities of their citizenship. This racial profiling and assault on personal freedom and security is both unconstitutional and un-American.
The U.S. Constitution was also written to safeguard and protect our fundamental character as a nation of united states. In areas where it is important for states to determine their own policies, the Constitution protects states’ rights. But in areas where it is important that our nation speak with one voice, the Constitution prohibits states from taking matters into their own hands.
Immigration is one of those areas involving our country’s relations with foreign countries and nationals where our nation needs to speak with one voice. Just as states cannot sign their own treaties with, or declare war on, other countries, so too states cannot enact their own immigration laws. If they could, the resulting patchwork of 50 different state laws would lead to confusion, conflict, and chaos.
Other nations would retaliate and treat U.S. citizens unfairly as they travel, work and study abroad. Citizens and immigrants alike would flee from one state to another, seeking freedom from discriminatory laws. Businesses would leave states where their workers and visiting foreign managers were subject to intrusive police demands for “papers.”
The United States could not survive as two nations—one slave, one free. Neither can the United States accommodate two sets of immigration laws—one that requires the Department of Homeland Security to enforce the laws that Congress enacts, and the other that requires all of us, citizens and immigrants alike, to “show me your papers.”
By: Jeanne Butterfield, Special Counsel, Raben Group, Published in U. S. News and World Report, April 23, 2012
“The Profile Of A Menacing Teen”: A Mother’s Grace And Grieving
“They called him Slimm.”
That is what Sybrina Fulton, the mother of the slain Florida teenager Trayvon Martin, told me people called her son because he was so thin.
I talked with her Saturday in a restaurant near her home, four weeks to the day after George Zimmerman, a neighborhood watch volunteer in a gated community in Sanford, Fla., shot Trayvon in the chest and killed him. Trayvon was unarmed, carrying nothing more than candy and a drink.
Ms. Fulton brought her own mother with her, Trayvon’s grandmother, and we talked for nearly an hour over iced tea and lukewarm coffee.
His mother lights up when she shows me pictures of Trayvon on her phone, even managing an occasional smile that lifts the shadow of grief and brightens her face. He was a gangly boy, all arms and legs but little weight, nearly six feet three inches tall but only 140 pounds and with the cherubic face of a boy years younger.
She grows distant when she talks about her loss, occasionally, seemingly involuntarily, wrapping her hands gently around her mother’s arm and resting her head on her mother’s shoulder like a young girl in need of comfort. The sorrow seems to come in waves.
She and her mother paint a portrait of an all-American boy, one anyone would be proud to call his or her own. He liked sports — playing and watching — and going to the mall with his friends. The meal his mother made that he liked most was hamburgers and French fries. “And brownies,” his grandmother chimed in, “with lots of nuts.”
He was a smart boy who had taken advanced English and math classes, and he planned to go to college.
He was a hard worker who earned extra money by painting houses, and washing cars and working in the concession of the Pee Wee football league on the weekends. He also baby-sat for his younger cousins, two adorable little girls ages 3 and 7, whom the family called the bunnies, and when he watched the girls he baked them cookies.
The only fight his mother could ever recall his having was with his own brother when Trayvon was about 4 and the brother was 8. They were fighting for her attention, and it wasn’t even a real fight. “They were wrestling. It was so funny,” she said with a smile.
This hardly fits the profile of a menacing teen who would attack a grown man unprovoked, but that is exactly what Zimmerman contends.
Zimmerman’s statement, as related by police, says he was following the boy but “he had lost sight of Trayvon and was returning to his truck to meet the police officer when he says he was attacked by Trayvon.”
Trayvon’s personal account of who initiated the physical encounter is forever lost to the grave, but the initiation is likely to be the central question in the case.
To believe Zimmerman’s scenario, you have to believe that Trayvon, an unarmed boy, a boy so thin that people called him Slimm, a boy whose mother said that he had not had a fight since he was a preschooler, chose that night and that man to attack. You have to believe that Trayvon chose to attack a man who outweighed him by 100 pounds and who, according to the Sanford police, was wearing his gun in a holster. You have to believe that Trayvon chose to attack even though he was less than a hundred yards from the safety of the home where he was staying.
This is possible, but hardly sounds plausible.
The key is to determine who was standing his ground and defending himself: the boy with the candy or the man with the gun. Who was winning the fight is a secondary question.
That said, we’ll have to wait for details of the investigation to be revealed to know for sure. But while we wait, it is important to not let Trayvon the person be lost to Trayvon the symbol. He was a real boy with a real family that really loved him.
And now he is gone from his mother forever, only able to stare out at her as a shining face on a cellphone. She has no home videos of Trayvon. She doesn’t even have voicemail messages from him saved. The only way that she could now hear Trayvon’s voice would be to call his phone and listen to his answering message, but she dare not do it. “If I hear his voice, I think I’m going to scream.”
Every night she says she dreams of him. Every morning she says she thinks he’s going to walk through the door and say, “Mom, I’m here. You were dreaming. It’s not true. I’m not dead. I’m here,” and give her a hug and a kiss.
And the bunnies — they still don’t understand where he is. They’re still asking for Trayvon, the cousin who came over and baked them cookies.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, March 25, 2012
“A Pre-Meditated Drive-By”: Geraldo Rivera’s Self-Inflicted Wound
Geraldo, Geraldo, Geraldo. What were you thinking?
A black teenager is dead, through no apparent fault of his own, and you blame his wardrobe choice?
It was all the fault of the hoodie.
Most pundits say dumb things from time to time. But in weighing in on the killing of Trayvon Martin, Geraldo Rivera conducted a premeditated drive-by.
In a Friday morning appearance on Fox & Friends, the veteran journalist deflected some of the blame for the fatal shooting from George Zimmerman, the neighborhood watch captain who, like Rivera, is Hispanic.
While saying Zimmerman should be prosecuted if guilty, Rivera opined: “But I am urging the parents of black and Latino youngsters particularly to not let their children go out wearing hoodies. I think the hoodie is as much responsible for Trayvon Martin’s death as George Zimmerman was.”
Yes, he went there. Rivera is blaming the victim. The 17-year-old was armed only with a bag of Skittles, but he shouldn’t have worn that damn hoodie.
Geraldo didn’t stop digging the hole. While allowing that Trayvon was a nice kid who “didn’t deserve to die,” he sure must have looked like a crook.
“When you see a black or Latino youngster, particularly on the street, you walk to the other side of the street. You try to avoid that confrontation.” And: “I’ll bet you money, if he didn’t have that hoodie on, that — that nutty neighborhood watch guy wouldn’t have responded in that violent and aggressive way.”
I guess minorities in this country are to blame if they stir fears by wearing a jacket with a hood. White folks, of course, don’t have to worry about this.
Maybe there’s a time and place for a discussion of hoodies. But Geraldo, with much of the country disgusted by this killing for which no one has been charged, this sure wasn’t it.
By: Howard Kurtz, The Daily Beast, March 23, 2012
Massachusetts Republican: Undocumented Immigrant Rape Victims ‘Should Be Afraid To Come Forward’
Massachusetts GOP state Rep. Ryan Fattman has such contempt for illegal immigrants that he believes undocumented women who are raped should be afraid to go to the police. Yesterday, the Worcester Telegram & Gazette reported on Fattman’s incendiary comments, which he made while defending a controversial federal immigration program that many say will damage the relationship between law enforcement and immigrant communities. Massachusetts Gov. Deval Patrick (D) has refused to join the program out of concern that immigrants who are victims of violent crimes will be afraid to report them and seek help:
Mr. Fattman dismissed concerns of some law enforcement officials — cited by the governor — who said using local police to enforce immigration laws could discourage reporting of crime by victims who are illegal immigrants.
Asked if he would be concerned that a woman without legal immigration status was raped and beaten as she walked down the street might be afraid to report the crime to police, Mr. Fattman said he was not worried about those implications.
“My thought is that if someone is here illegally, they should be afraid to come forward,” Mr. Fattman said. “If you do it the right way, you don’t have to be concerned about these things,” he said referring to obtaining legal immigration status.
Instead of helping rape victims, the new federal program would have police turn them directly over to the federal government to be deported. Fattman believes that’s exactly what should happen:
Mr. Fattman acknowledged that people could be deported after an arrest even if they are not convicted of a crime, under the program in use in more than 30 states.
While citizens have the right to be viewed as innocent until found guilty in court, he said, “I don’t think that principle extends to illegal immigrants.” He said he had no concerns about racial profiling by police.
According to Fattman, deporting undocumented immigrants who have not committed a crime is more important than deterring violent crime or helping rape victims. “Innocent until proven guilty” isn’t the only principle he doesn’t think should apply to illegal immigrants — apparently basic human decency is only a luxury American citizens should enjoy. Fattman is such a radical that he believes American-born children of illegal immigrants should be deported with their parents, which would be in direct violation of the 14th Amendment.
By: Marie Diamond, Think Progress, June 9, 2011
Recall Arizona… From The 19th Century
The dictionary definition of insanity should be changed to spell A-R-I-Z-O-N-A and its state capitol building should be designated as a home for the criminally insane. But lest we kid ourselves, this Arizona insanity has now spread nationwide. Let’s take a tour of the [police] state.
On the educational front, Tucson Unified School Superintendent, John Pedicone, has managed to militarize school board meetings. He has done this because several weeks ago, the high school group UNIDOS, tired of having their Mexican American Studies program targeted for elimination, chained themselves to the school board members chairs, prompting the board to cancel its meeting. For this, the students and others have received death threats. At the subsequent May 3rd meeting, officially, some 100 police officers were deployed to the TUSD headquarters. However, on top of TUSD security guards, including those staffing metal detectors, along with bomb squad officers, helicopters, plus riot squad officers deployed inside and around the building and neighborhood, it is likely that the officers totaled closer to 200.
At this meeting, seven people were arrested for the criminal act of attempting to speak to the board. One elderly and disabled professor, Lupe Castillo, 69, was arrested by some 20 helmeted and shielded officers for attempting to read ”A Letter from the Birmingham Jail” by Martin Luther King Jr. The other arrestees were [secretly] sent to two jails before they were booked and released. In the action inside, dozens of riot squad police physically threw other people out the building, including elders, this while hundreds of MAS supporters outside stood their ground. Then later, the violence, caught on videotape, started behind the building. Police officers in full riot gear began throwing young students, parents and other community members around like rag dolls. Officially, the officers did a great job, commended by the chief of police.
All this is the calm before the storm, precipitated by a 2010 law (HB 2281), purportedly inspired by Martin Luther King Jr, that has declared the teaching of Ethnic Studies illegal. This week, an audit ordered by the state schools superintendent, John Huppenthal, who ran on the campaign to “eliminate La Raza” (the Mexican people) – is scheduled to be released, with expected pre-ordained findings that will declare Tucson’s highly successful MAS program to be out of compliance.
That’s from the sane part of the state. Now, from the insane sector:
This past week, the governor signed SB 1404, a law that attempts to wall the state from the rest of society. Not satisfied with the federal walls that line the U.S./Mexico border, Arizona will soon be embarking upon creating its own wall along the Arizona/Sonora border, financed through online donations and built by prison labor. Being that imprisoning migrants is a growing multi-billion dollar industry, look for the state to employ incarcerated migrants to attempt to build it.
Beyond the state’s 2010 (SB 1070) racial profiling law, this year, state legislators attempted to pass nearly two dozen even more stringent laws, including one that would overturn birthright citizenship as guaranteed by the 14th Amendment. Legislators also attempted to pass two other laws that can only be construed as attempts to secede from humanity; SB 1443 and SCR 1010 were attempts to exempt the state from federal and international laws, respectively.
Most of this legislation is designed to incarcerate migrants and to enrich the private prison industry. The mastermind of most of this legislation is state senate president, Russell Pearce, who in addition to facing a recall, is also embroiled in the Fiesta Bowl “gift” scandal that threatens to bring down he and many of his associates.
And then there’s Maricopa County’s unindicted Sheriff Joe Arpaio, who continues to thumb his nose at the feds with his ongoing racially motivated mass dragnet raids. Recent investigations have found that in eight years, his department has misspent close to $100 million, and that his top commanders targeted “enemies,” confirming he is the most corrupt Sheriff in America. Federal investigations into his activities continue.
Outside of the state, the governor of Georgia recently signed HB 87, joining Arizona, Utah and Indiana in implementing anti-immigrant racial profiling laws. Twenty other states are pursuing a similar return to the 19th century. The good news is that Utah’s HB 497 anti-immigrant law, was recently blocked by a Utah judge, and the DREAM ACT has again been introduced in Congress.
Given recent dramatic events on the international front, it is generally thought that the president can now restore sanity and actually bring about actual immigration reform. Regarding Ethnic Studies, not sure he can do anything about those intent on “eliminating La Raza.”
By: Roberto Rodriguez, Professor, University of Arizona; CommonDreams.org, May 17, 2011
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