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By Allowing Racial Profiling in Arizona, the Supreme Court Undermines the Well-Being of Women and Families

Posted: 07/02/2012 4:06 pm

We are relieved that on Monday the Supreme Court blocked some provisions of SB1070, Arizona's extreme anti-immigrant law, but we're deeply concerned about the part of the law that has been upheld: Section 2B, which requires law enforcement agents to check the immigration status of anyone they stop for any minor infraction. Section 2B will lead to widespread racial profiling and will be an enormous setback for the rights of women, families and children.

Our organizations are the co-conveners of an initiative called We Belong Together, which brings together women and youth from all walks of life to call for policies that protect families and communities. We Belong Together has led Women's Human Rights Delegations to the states that have enacted the most draconian anti-immigrant laws: Arizona, Alabama and Georgia. In all of these states, we have heard from immigrant women whose human rights have been violated, yet who are courageously raising their voices for a society that ensures justice and dignity for all.

Wherever we have traveled, we have seen that laws like SB1070 enable local law enforcement to engage in racial profiling. We have heard about roadside checkpoints in Latino communities. We've heard of Latino drivers being repeatedly pulled over for minor or invented violations. We've heard of neighborhoods where residents are stopped almost daily by police who have targeted them. In Arizona, Alabama and Georgia, anti-immigrant laws are legitimizing racial profiling. This profiling is tearing families apart and is violating women's and children's most basic rights.

  • Racial profiling violates the right of parents to care for their children. In Alabama, we heard from Trini, who knows she could be pulled over while driving at any moment, and separated from her U.S. citizen children. There are currently over 5,000 children in the foster care system whose parents have been detained or deported.
  • Racial profiling violates the right of children to grow up free from fear. In Arizona, we met 10-year-old Catherine who was separated from both of her parents when they were held in immigration detention facilities for three months. We've talked with other young people who are consumed by the fear that their parents will be singled out and detained because of the color of their skin.
  • Racial profiling violates the rights of women and children to access life-saving health care. In Georgia, we heard from Alicia, whose young daughter has a serious health condition, and who has been pulled over while driving repeatedly by Georgia police, including once when she was taking her daughter to the emergency room. Though her daughter's life depends on it, Alicia is now afraid to drive.
  • Racial profiling violates women's right to seek protections from domestic violence. In Alabama, we heard from women who are afraid to report sexual assault. We talked with Elvia, a domestic violence survivor who was able to obtain a restraining order before HB56 went into effect, but who knows that if she had waited, her life would still be in danger. Like countless other survivors, she would now be unable to access the justice system for fear of being questioned about her own immigration status.

Racial profiling has a widespread chilling effect, and women and children are the most deeply impacted by these policies. Yet women are also the leading voices for change. As women from all walks of life, it's up to all of us to demand an end to laws like SB1070, and to ensure that our society will uphold the values of inclusion, equal protection, and family.

 

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We are relieved that on Monday the Supreme Court blocked some provisions of SB1070, Arizona's extreme anti-immigrant law, but we're deeply concerned about the part of the law that has been upheld: Se...
We are relieved that on Monday the Supreme Court blocked some provisions of SB1070, Arizona's extreme anti-immigrant law, but we're deeply concerned about the part of the law that has been upheld: Se...
 
 
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12:07 PM on 07/10/2012
I guess Elvia would be back in Guatemala where she belongs and not here breaking our laws. Likewise, because of the COBRA and EMTALA laws the mother and daughter would not have been turned away, they would have been treated, and the taxpayers would foot the bill (surprise! but.... not really surprising), under any rational immigration policy at that point they would be seized and deported. What cracks me up is how these bloggers bend over backwards to justify these illegals breaking our laws.
10:14 PM on 07/05/2012
You and your pitiful clients might "belong together" but not here in the USA if you are illegal aliens. You need to be reintegrated into the fabric of your home countries.
01:00 PM on 07/04/2012
Justified KARMA is fastly approaching the american continent. Reason why most caucasions will never understand the true scope of what is transpiring in america, many who voice concerns about laws implemented in the U.S.should reread history.hopefully this is not new to blacks ,hispanic, asians, natives.Many citizens not just caucaions have similar delusions of grander because many poor and those considered undesirable will not continue to align themseles with the decaying status quo in the U.S. for those awakening now to the reality and levity understand that immortality is through our children which our leaders forsake.because the quest for materialistic gratification will leave you famous to the world like steve jobs but a mystery to your offspring. sooooo still shocked the niether gop or democrats truly care for the welfare and development of all children, no just the wealthy and semi wealthy.
12:46 PM on 07/04/2012
Why are so many .U.S. citizens shocked?, well those shocked and awed at u.s. immigration laws live in a delusional world. unfortunate for minorities in the u.s. celebrating u.s. independance refuse to aknowledge the reality and truth of life in the u.s. It started with race, racism against those who are the rightful heirs to this beautiful continent. Often joked about tactics such as biological warfare, ya know stds and the smallpox fiasco which is always downplyed in public as a unfortunated mistake. but praised as a sound desperate military strategy. in the U.S. minorites should grasp at the concept our beloved citizens of european descent,no acusations of their thoughts 4nly God knows the heart and mind. Nevertheless many not all, vote and at times are motivated by two distrubing factors.1.precepts of racial surperiority ordained by God.2.threat of genetic recessiveness.and by historical statistics show. 1.native american holocust. 2.slavery on a massive scale without any remorse..3.to use a atomic weapon twice.[.not once but twice, powerful whitemen invented overkill .4.intentional manipulation of mexico and south american nations to benefit wealthy descendants whose ancestors lived by same ideas upon reaching the american continent. ask not for reparations ,but rather unite for the exposure of truth in order to establish equality for humanity so we all can prosper. not just a few one percenters
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Viper1st
multi quasi faceted
07:51 PM on 07/03/2012
Dear Al-Jen Poo ~

If Obama's DOJ didn't make Racial Profiling as a complaint in their lawsuit against the State of Arizona ~ then why are you?

From opening interviews of the State of Arizona & Obama's DOJ before the United States Supreme Court ~

"
As Solicitor General Donald Verrilli, Jr. stepped up to the plate in Wednesday's oral arguments about Arizona S.B. 1070, Coach Chief Justice John Roberts offered a similar warning from the bench.

Their exchange, (from the Supreme Court transcript):

CHIEF JUSTICE ROBERTS: Before you get into what the case is about, I'd like to clear up at the outset what it's not about. No part of your argument has to do with racial or ethnic profiling, does it? I saw none of that in your brief.

GENERAL VERRILLI: That's correct.

CHIEF JUSTICE ROBERTS: Okay. So this is not a case about ethnic profiling.

GENERAL VERRILLI: We're not making any allegation about racial or ethnic profiling in the case.

So why the awkward exchange about subjects not covered in this case? SCOTUSblog suggests that Chief Justice Roberts may have been covering his bases and "head off criticism that, if the Court did allow Arizona to enforce S.B. 1070, the Court was not endorsing racial or ethnic profiling.""

http://blogs.findlaw.com/supreme_court/2012/04/theres-no-ethnic-profiling-in-arizona-sb-1070.html
08:48 PM on 07/05/2012
This still doesn't preclude anyone else from raising constitutional issues in regards to racial profiling. Anyone can take AZ to court and cite the 14th Amendment and state that the law allows racial profiling. .
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Snake1994
Snakebite!
01:48 PM on 07/03/2012
Ai-jen, please let me correct you because you seem a little confused. SB1070 is Arizona's ant-illegal immigrant law, and law enforcement is prohibited from racially profiling anyone. So please stop spreading these lies because it's simply not true.
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Chief Johnson2
We, Hispanics, are the future.
07:24 PM on 07/03/2012
Really? Then tell me why hundreds of American Citizens have suit Arpaio's office and the Maricopa County have settled and paid 50 millions in the last few years.
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Vicky Valentine Proud
It is what it is.
03:31 AM on 07/04/2012
Really?? And you would think in the light of the SCOTUS upholding the 'Papers, PLease" provision of SB1070 that that would make the news nationwide. Yet, he is still in charge in AZ, voted to that position by the legal people of AZ.
12:53 PM on 07/03/2012
The title of your article is "By Allowing Racial Profiling in Arizona, the Supreme Court Undermines the Well-Being of Women and Families."

You just wrote an entire article based on a fallacy rooted in lies and propaganda. The opposite is in fact true. S.B. 1070 expressly prohibits racial profiling. Per the express language of the law, police "may not consider race, color or national origin in implementing the requirements of this subsection (A.R.S. § 11-1051(B). In addition, S.B. 1070 provides that these provisions of the law “shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens." A.R.S. § 11-1051(L).
08:42 PM on 07/05/2012
That provision was added in order to protect against civil litigation, by allowing the state to point to textual proof that it does not support racial profiling.

The problem, however, is that the addition of the provision suggests that the state of Arizona acknowledges the possibility for racial profiling. It knows it will lead to racial profiling... that's why they added the provision, to cover themselves against litigation.

AZ police has alleged that it has given police training in regards to this issue. However, training to prevent racial profiling has been found to be totally ineffective in preventing racial profiling. This is particularly the case when you have cops, who have a image of what an undocumented immigrant looks like, tasked to identify possible undocumented immigrants.

Nice try, but SB1070 (or whatever is left of it) gives cops the power to tap into their preconceived notions of what an undocumented immigrant looks like to determine the legality of those they stop. There's no provision that can stop this from happening.
01:36 PM on 07/06/2012
First, no it wasn't "added" it was in the original bill. Second, you make no provision for the police to actually do their job without bias which means, according to you, we should just dismantle the police force because obviously they are incapable of performing their duties without racial profiling someone in the process. Let la raza anarchy reign!

I'll do ya one better. Since 89% of all illegal immigrants in the U.S. are from south of the border with over 60% from Mexico (pew hispanic center data), why don't we REQUIRE ID checks for any individual stopped by police who: can't speak english, has no verifiable ID, can't tell you their address or where they work, can't give you a real SS#, and who changes the name they give you every time you ask.

Illegal aliens are not super villains who melt into society and become undetectable. They stick out and because they have been emboldened by the president's promises of amnesty, they aren't even trying to hide from authorities or prosecution. Hell, they're having parades in front of the ICE headquarters. Its not really profiling when they're all in a mob waving signs in support of breaking the law and standing outside your office.
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chadizzy
11:28 AM on 07/03/2012
Come on read the law! You are going to write a story about something you didnt read? Stop sneaking in our country and you wont have a problem!
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Vicky Valentine Proud
It is what it is.
03:33 AM on 07/04/2012
That is too easy. If they understood such things, then this problem would not exist.
09:24 AM on 07/03/2012
If you are pulled over and you have no proof that you are here legally you should be detained. If you can't prove that you are in this country LEGALLY you should be deported! No matter what country you come from, what language you speak, what color you are, who you are related to, who you work for, how smart you are, which college you ILLEGALLY attend, how many good deeds you do, or how old you are - if you are here ILLEGALLY you need to GO!
06:49 PM on 07/03/2012
Hell the women who she cited have NO DRIVERS LICENSE and they think that is absurd to force illegals to have one, or insurance, or registration, or any other law they don't like. They are supposed to FEAR breaking the laws! The kids will learn what the wages and consequences of crime are. These cases cited are a prime example of why we need more laws like SB 1070.
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07:55 AM on 07/03/2012
The myth: The passage of SB1070 means that every Latino will live in fear of being asked if they are in the country illegally and must provide proof. Racial profiling will run rampant.

The reality: Police who stop drivers (mainly) or those committing crimes to provide that they are in the country legally.

Law enforcement officials in Arizona have made the issue of racial profiling mute. They ask everyone they stop, not just Latinos, not just African Americans, not just Caucasians, not just Asians, everyone. You cannot have racial profiling if everyone is asked.

And by the way ... if you are driving and do not have a driver's license ... you deserve what you get.

*To Trini, the fact that you are driving illegally means that you commit misdemeanors every time you do so. If you are involved in an accident, how exactly will you pay the other party if you are at fault? You are the epitome of irresponsibility.

*To Catherine, the fact that you were separated from your parents for 3 whole months pales in comparison to the 12 to 18 months I have been separated from my son while I was on deployment overseas. You get zero sympathy. You also get the option of going with them once you become 18 if not sooner.

*If Alicia is an illegal foreign national ... talk to Trini.

*To Elvia, You get zero sympathy form me. You're here at your own risk.
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inthedesert
Those who never question will fall for anything.
07:45 PM on 07/03/2012
fanned and faved....totally.
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consultingpbh
75th Ranger Regiment '66-'73
09:00 PM on 07/03/2012
Question on the 800,000 just given visas to stay in the US for two years because they were brought to the US and they know no other way of life. When they apply for the visa, show proof of age, time in the US, address, high school diploma/GED and no criminal record; what will happen to their parents who broke the law bringing them to the US? I have heard nothing on that issue.
I live in CA; CA probably has 800,000 that fit Obama's qualifiers. In my 30 years owning a "risk" management firm I found that governments in general underestimate numbers that pertain to cost and overestimate numbers that pertain to revenue.
On topic; you are right... in car with friends in AZ, pulled over for speeding and all passangers were asked for ID. This whole idea of not having a valid ID...not being able to show who you are if you're stopped by the police for a valid reason is absurd.
In LA, Jamiel Shaw, good student high school athlete, murdered by Pedro Espinoza because Jamiel was Black and wearing Red. Espinoza, an illegal immigrant gang banger was released back into the commuity on an illegal weapons charge by the LA County Sheriffs Dept. the day before murdering Jamiel. Immigration laws are to find out who people are before they arrive in the US, not after the fact.
“Sua Sponte”
75th Regiment
Company O
3rd Brigade
82nd Airborne (’66 -’73)
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01:15 AM on 07/04/2012
If this regime stays the same, probably nothing since it decides to 'selectively' enforce the rules of congress ...
03:31 AM on 07/03/2012
If they didn't come here illegally they wouldn't have to worry about any of it. It's the illegal that is indangering the kids not the law. If it walks like a duck and quacks like a duck....well you get it then.
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spytheweb
Black Democrat
02:03 AM on 07/03/2012
"Racial profiling violates the right of parents to care for their children. In Alabama, we heard from Trini, who knows she could be pulled over while driving at any moment, and separated from her U.S. citizen children. There are currently over 5,000 children in the foster care system whose parents have been detained or deported."

What is she doing driving a car with no license and insurance? Putting us all at risk and her children. She's already illegally in the country, now illegally driving around a school zone. How can you feel sorry for her. She knew she was illegally in the country why did she have children? If she's deported that's on her, she rolled the dice when she crossed a international border illegally, when she's caught, who's to blame, no one but her, Next time don't have children.
09:40 PM on 07/02/2012
This article is full of lies. Arizona is permitted to check the immigration status of people it stops for other reason. These libs defame the cops all the time but are the first to use them for their phony jobs bills.
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voyager48
Illegitimi Non Carborundum
12:33 PM on 07/03/2012
In fact any state of city police anywhere in the country have the right and a clear invitation form congress to check immigration status and to enforce civil and criminal provisions of immigration law. That is the basis that allowed section 2(b) of SB1070 to stand!
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MadJayhawk
08:47 PM on 07/02/2012
Did this lame brained author read the law? There is no racial profiling mentioned or suggested in the law. The word Mexican is not mentioned in the law. NO WHERE!!! Liberal stupidity on parade.

If the law allowed or even encouraged racial profiling why didn't the justice department use that in their case? They did not mention it. Racial profiling according to YOUR justice department, not mine, is therefore, not an issue. They made it an issue after they got out of court. That is hypocritical and dishonest. But with this Justice Department to be expected. They are just a political wing of the Democratic Party. Racial profiling is a made up issue by liberal racists who hope to divide the country. This is the only way they have a hope to win in November. They are getting absolutely desperate.
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Chief Johnson2
We, Hispanics, are the future.
03:02 PM on 07/03/2012
OMG!!!!!! You can be serious.!!!!!! Of course racial profiling is not mentioned in the law, but it doesn''t means it is not happening. Why the DoJ didn't use it in the lawsuit? Easy, in order to be declared unconstitutional, a precedent is necessary, and of course tthe law have to be in full appplication to prove the racial profiling. Iit is just common sense.
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spytheweb
Black Democrat
11:07 PM on 07/03/2012
Any defense a illegal alien uses for not being identified and deported is race based. But they never get around to answering why are they in the country illegally.
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Realsteel
Freedom is not free.
06:20 PM on 07/02/2012
Allowing Racial Profiling .....again?