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Deepak Bhargava

Deepak Bhargava

Posted: April 22, 2010 02:02 PM

Arizona Tilts Toward a Police State

What's Your Reaction:

In fewer than two days we will know if the most draconian anti-immigrant, anti-Latino proposal this country has seen since the infamous Sensenbrenner bill becomes the law of the land in Arizona. That is the deadline facing Governor Jan Brewer. She could veto, sign or merely allow this outrage to become law by doing nothing.

Expectations are that the Republican governor facing reelection will sign it. It will be a sad day for Arizona and America.

This is what happens when our leaders fail us by allowing a problem to fester. Racial resentment on the right side of the political spectrum is the result of an abdication of leadership in Washington; and it's how you arrive at where Arizona is now, on the cusp of enacting a law that has widely been panned by law experts as unconstitutional on the grounds that it usurps federal authority and would legislate racial profiling.

The law, known as Support Our Law Enforcement and Safe Neighborhood Act, would among other hideous things, require police to arrest anyone who cannot immediately prove they're in the country legally. So we find ourselves on the verge of converting Arizona, which has one of the largest Latino populations in America into a police state.

The state's Republican leaders say the bill, SB 1070, is needed to fight the violence and crime spilling over from Mexico's drug war. But if that were truly their motive, they wouldn't need this new law. I'm no legal expert but I'm fairly sure Arizona has laws already against kidnapping, murder, trafficking and smuggling. The law's intention, rather, is not to root out crime and lawlessness. There is no question that the law's inspiration and support comes from fear, a gnawing discomfort with seeing a demographic and cultural shift. Let's be clear: at its core this is about racism.

In the view of the fear mongers, this wasn't supposed to happen. The people they lured to their state with construction and hospitality jobs were supposed to be there only to work, not to become part of their community, raise children, go to church and open their own businesses.

The solution cobbled together in the narrow minds of these Republican leaders is simple: hassle people until the leave. The law mandates police verify the immigration status of anyone they have reasonable suspicion is undocumented and arrest anyone who can't immediately prove their status. Amongst the obvious problems with this approach: How is a police officer on the streets of Phoenix supposed to distinguish an undocumented Latino from a citizen?

There's the rub. This is why immigrants and Latinos of every political stripe are opposed to this law. There are no outwardly distinguishable differences between an undocumented immigrant and a citizen. And that is why as a brown-skinned person, this law scares the hell out of me. The only way to root out the undocumented from the citizens and legal immigrants would be to question every dark-skinned person, to trample on the civil rights of people based on race.

It's infuriating to hear people who constantly rail against big government infringement stand in support with a law that would force every Latino and immigrant to show their papers on a whim. It's infuriating to know that even people who acknowledge this law could lead to violations of people's civil rights--Senator McCain, are you listening?-- still support it.

Not all is lost even if the Governor signs this travesty into law. All eyes will turn to President Obama. He can sue Arizona for usurping federal authority, and refuse to deport anyone caught up by this law. And President Obama must move on comprehensive immigration reform. There's been some activity on this front lately with Obama calling Republicans and encouraging them to support Sen. Schumer's efforts to pen a bipartisan comprehensive bill. That's not enough. President Obama must be more active in this fight.

The urgency for comprehensive immigration reform has never been more acute. The madness of racial profiling and scapegoating of immigrants requires moral leadership at the top levels of this country.

The only way to assure SB1070 doesn't happen in Ohio or Colorado, where copycat laws are being tossed around, is to solve the problem comprehensively and federally. In the meantime, we need to stand up to hate, bigotry and racism in Arizona. Nothing less than the future of our country is at stake.

Tell Gov. Brewer to veto SB1079 today.

 

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HUFFPOST SUPER USER
joelwisch
09:38 AM on 04/23/2010
When you read the bill, you understand there are a lot of people out there who have not read it. This is the Senate Summary of the law, the claims of the illegal aliens, Mexico, and almost all the rest who have not read it, are contrived.
http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm

It is important to understand that a majority of the illegal aliens in this country today are from Mexico. An even greater larger majority are from Latin America. The fact of the matter is, however, the reasonable suspicion as outlined in the bill is ... lack of immigration papers, or lack of a drivers license and the suspicion the person is an illegal alien. THEN... THEN, the Arizona Law Enforcement Officer has to see if your claim that you left the drivers license home, or that you lost it, or that you forgot it. Finally.. if all that doesn't work out, the Arizona Law Enforcement Officer notifies ICE that they are holding a potential illegal alien.

BUT... if you have I.D., and your plates are up to date, and you just keep on a trucking. No magic here. And in fact, what has happened with this law is that the folks with immigration papers will have to start carrying them. If you have a fake drivers license, you will be visiting the pokey until it is straighten out.

It is a good law. Good for us.
12:23 PM on 04/23/2010
Then why did a truck driver in Phoenix get cuffed and taken to immigration yesterday because he did not have a birth certificate with him at a truck inspection stop? He had a valid commerical trucker license and SSN. His wife had to leave work to go home and get his birth certificate. And in the article, when they asked the immigration officer, he said this was standard practice. Turns out the man was born in the US. This is what I see happening if this bill passes.
12:23 PM on 04/23/2010
How would the police know a person doesn't have a driver's license or immigration papers? They would have to stop and question a person. And what would be the reason for stopping that person? According to this law, there wouldn't have to be one beyond suspicion a person is undocumented. Now, how can you tell an undocumented Latino from a citizen Latino? You can't. Therefore to enforce this law you would have to trample on the civil rights of every dark skinned person. Are you comfortable with that? I'm not.
08:04 AM on 04/23/2010
Do you "legal" latinos not "get it"?

Illegal aliens are an INTENTIONAL reflection upon YOU - they're the ones making your "community" the scorn of law-abiding Americans.

Racist cultural collectives like LULAC, La Raza, MeCHA, etc. have made this a latino "us-against-them" issue and you're gullible enough to believe their agenda for political gain.

This is a simple "LAW ENFORCEMENT AGAINST THE CRIMINALS" issue, and if you see it any differently, I suggest YOU are the anti-American racist.
07:37 AM on 04/23/2010
Illegal aliens and their cultural co-conspirators are getting exactly what they deserve with this bill.

This is the RESPONSE you get from law-abiding Americans when your "community" is so out of control that extreme measures must be taken against your willfull CRIMINAL intrusion into our society.

Illegal aliens have no one to blame but THEMSELVES for this law.

If illegal aliens who are 80% latino don't like being "profiled" - THEN STOP BREAKING THE LAW!!!!
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02:04 AM on 04/23/2010
The Arizona bill is a clear violation of the Fourth Amendment to the U.S. Constitution, which protects the rights of all inhabitants regardless of citizenship status. "Reasonable suspicion" is not valid grounds for demanding identification papers. If the governor of Arizona signs the bill into law, the U.S. Department of Justice should promptly seek a federal court injunction against enforcement of the new Arizona law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
08:34 AM on 04/23/2010
These people are here ILLEGALLY. Everything they do, after entering our country ILLEGALLY, is ILLEGAL. They can't have jobs, buy a house, or even exist in our country. They all need to go back to their own countries.
MuchMadness - why don't you escort these people back to their own countries and fight for their rights over there. We can't afford ILLEGAL ALIENS - they are sucking our systems dry and taking jobs that CITIZENS and LEGAL immigrants need and WANT!
10:55 AM on 04/23/2010
The problem with this bill isn't that it is going to help get rid of illegal immigrants (which it probably won't), it is that it allows police to require anyone that they "reasonably suspect" is illegal to prove their citizenship. That means everyone who even remotely looks hispanic had been carry their birth certificate around with them everywhere or be sent to ICE until they can produce it. Just like this guy:

http://www.azfamily.com/video/featured-videos/Man-says-he-was-racially-targeted-forced-to-provide-birth-certificate-91769419.html
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10:47 PM on 04/23/2010
You may not like the way the immigration laws are being enforced, but you are completely wrong to blame the immigrants. Considering the economic conditions in Mexico, it is in many cases a noble thing for these people to do what they need to do to support their families. Instead, blame the businessmen who want to make it difficult to tell whether workers are legal immigrants or not. By keeping a state of ambiguity, they are able to hire illegal workers, pretend that they do not know that the workers are illegal, and hold a threat of deportation over the workers' heads to short them on pay and give them no workplace safety protections. In some industries, particularly agriculture, businesses pay people to create fake papers for workers that the businesses know full well are not legal residents.
08:36 AM on 04/23/2010
"but upon probable cause, " MuchMadness - do you know what probable cause means?
10:52 AM on 04/23/2010
"probably cause" is not in the new law. It says "resonable suspicion". What keeps anyone who looks hispanic from being suspicious. I support immigration reform and tighter borders and deporting anyone who is here illegally, especially criminals. I live in Arizona, so I am aware of how bad the crime is getting. So focus on the criminals, not profiling everyone who looks hispanic.
01:05 AM on 04/23/2010
"This is what happens when our leaders fail us by allowing a problem to fester. "

This is so true. For far too long the federal government hasn't enforced the laws that would HEAVILY fine those who hire ILLEGALS and deport ILLEGALS. They haven't been doing their jobs. So now states have to step forward to save themselves. ILLEGAL ALLIENS are sucking our systems dry and costing us BILLIONS of tax dollars. More states should be following AZ I for one hope CA will join in ASAP.
Today in AZ 300 ILLEGAL ALIENS were fired from a large grocery store chain. I am sure that by tomorrow CITIZENS and LEGAL immigrants will be lining up to fill those jobs. Keep up the fight AZ!
12:12 AM on 04/23/2010
Arizona's new "shades of brown" color matching card: When held against "suspect's" skin, if color matches, he/she likely is "illegal"

Auburn Beige Bistre Bole Bronze Brown Buff Burgundy Burnt sienna Burnt umber
Camel Chamoisee Chestnut Chocolate Citrine Copper Cordovan Desert sand Earth yellow Ecru Fallow Fawn Fulvous Isabelline Khaki Liver Mahogany Maroon Ochre Raw umber
Redwood Rufous Russet Rust Sandy brown Seal brown Sepia Sienna Sinopia Tan
Taupe Umber Wenge Wheat.
HUFFPOST SUPER USER
joelwisch
09:43 AM on 04/23/2010
What garbage. It is critical.. there are not any civil rights issues against the Arizona Law Enforcement at all. Where is the beef Pioneer... and all the rest.

It is bigotry to make such accusations without evidence. There is none. It is Bigotry, or racism, and many of these comments are far more racist than merely bigotry.
09:41 PM on 04/22/2010
SB 1070 just may be the thing to spur CIR
http://koulflo.wordpress.com/2010/04/22/on-again-immigration-reform-coming/
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Emma2011
08:00 PM on 04/22/2010
Bhargava, those who want immigration reform must understand that this is the last chance in years to pass immigration reform. Failure is not an option because there will be no majority for immigration reform in the next Congress after November when the Democrats may have lost 4-8 Senate seats and many House seats.
Last nigh, CNN reported that the Democrats will take up immigration reform before the midterm elections to energize the Latinos, but that they do no expect to pass anything. It must be made clear to the Obama administration that anything less than an all-out effort by Obama himself is unacceptable and that if a bill is not passed, the Democrats must be punished in November.
05:14 PM on 04/22/2010
Apparently, they are already enforcing it, signed or not. I just read an article on CNN about a commercial truck driver who was taken to ICE because he did not have his birth certificate with him at the truck inspection station. He had his commerical drivers licence and his SSN. His wife was forced to leave work to bring his birth certificate to ICE to get him released from immigration. Both he and his wife were born in the US. This is completely shameful.
HUFFPOST SUPER USER
joelwisch
09:45 AM on 04/23/2010
And there is no link? I don't believe it.
10:46 AM on 04/23/2010
It was on the home page of CNN.

It's not there today, but here it is from a local phoenix station:

http://www.azfamily.com/video/featured-videos/Man-says-he-was-racially-targeted-forced-to-provide-birth-certificate-91769419.html
03:59 PM on 04/22/2010
Have you ever noticed that Hispanic Americans and undocumented Mexicans are now lumped together under the appellation "Latino"? Did you know that 50% of Hispanic Americans in Arizona support a crackdown on illegal immigration? Why is that? Phoenix is now the kidnapping capitol of the U.S. courtesy of the drug gangs and human smugglers. Mexican workers are taking jobs from Hispanic Americans or otherwise depressing their wages. It is corporations who want cheap labor and low wages.
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HUFFPOST SUPER USER
Veeve
Economist&Historian(by ed)/Techie(by trade)
03:26 PM on 04/22/2010
I appreciate your words Deepak and I echo them, yet I don't think that Obama has much power here beyond asking Eric Holder to look at the law and charge him to sue AZ on grounds of Constitutionality (if applicable) and likely get an injunction pending adjudication in federal court. The Republicans have run on xenophobia so long, that action in the United States senate is all but impossible. Barring we change the filibuster rules of the senate, I just don't see how this issue gets resolved legislatively. The right in America and much of the politically tuned out center which simply doesn't know any better would like us to deport all 15,000,000 undocumented immigrants. They don't seem to understand the logistics involved with deporting 15,000,000 people; it's obviously close to impossible. And when serious lawmakers like McCain and Kennedy tried to come up with a logical solution, the right went ballistic with Bush and McCain.
03:25 PM on 04/22/2010
Not everyone who supports it is a bigot, some people are just misinformed or misguided. I am opposed to a law that would allow police to stop and question me simply because of my appearance. Do you have any idea how maddening it is to have to prove your citizenship simply because of the color of your skin? This is the wrong approach. Laws should target behavior, not appearances.
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HUFFPOST SUPER USER
Matthew Kolken
Immigration Lawyer
02:37 PM on 04/22/2010
This xenophobic anti-immigrant racism is permeating our country like an inoperable cancer.

Disturbing doesn't begin to describe it.
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02:16 AM on 04/23/2010
The cancer is definitely operable. If necessary, the federal government can send in the U.S. Army to protect constitutional rights, as was necessary in Mississippi during the desegregation of the University of Mississippi.

Let's hope that Arizona does not choose to defy the authority of the United States.
Let's hope that the governor of Arizona vetoes the unconstitutional bill.
02:27 PM on 04/22/2010
Look here I am black and support this bill. Stop charging that everyone who wants our immigration laws enforced are bigots. That tactic is quickly losing steam. The only reform is needed is to enforce the existing laws.
05:17 PM on 04/22/2010
There is no existing law that people with brown skin should have to drive around with their birth certificate in hand. That is what this new AZ law is about.
05:47 PM on 04/22/2010
Hey, I'm black too, and although I don't support this law, I get the frustration of the people of AZ. The only people who aren't frustrated by illegal immigration are the illegal aliens, Latinos, and the bleeding heart liberals who like to patronize everyone with brown skin.