I am saddened today at the prospect of a young Hispanic immigrant in Arizona going to the grocery store and forgetting to bring her passport and immigration documents with her. I cannot be dispassionate about the fact that the very act of her being in the grocery store will soon be a crime in the state she lives in. Or that, should a policeman hear her accent and form a "reasonable suspicion" that she is an illegal immigrant, she can -- and will -- be taken into custody until someone sorts it out, while her children are at home waiting for their dinner.
Equally disturbing is what will happen in the mind of the policeman. The police talk today about how they do not wish to, and will not, engage in racial profiling. Yet faced with the option of using common sense and compassion, or harassing a person who has done nothing wrong, a particularly sinister aspect of Arizona's new immigration law will be hanging over his head. He can be personally sued, by anyone, for failing to enforce this inhumane new act.
I recognize that Arizona has become a widening entry point for illegal immigration from the South. The wave has brought with it rising violence and drug smuggling.
But a solution that degrades innocent people, or that makes anyone with broken English a suspect, is not a solution. A solution that fails to distinguish between a young child coming over the border in search of his mother and a drug smuggler is not a solution.
I am not speaking from an ivory tower. I lived in the South Africa that has now thankfully faded into history, where a black man or woman could be grabbed off the street and thrown in jail for not having his or her documents on their person.
How far can this go? We lived it -- police waking a man up in the middle of the night and hauling him off to jail for not having his documents on his person while he slept. The fact that they were in his nightstand near the bed was not good enough.
Of course if you suggested such a possibility today to an Arizona policeman he would be adamant that he would never do such a thing. And I would believe him. Arizona is a long way from apartheid South Africa.
The problem is, under the new law, the one or two who would do it are legitimized. All they have to say is that they believed that illegal immigrants were being harbored in the house. They would be protected and sanctioned by this law.
Abominations such as apartheid do not start with an entire population suddenly becoming inhumane. They start here. They start with generalizing unwanted characteristics across an entire segment of a population. They start with trying to solve a problem by asserting superior force over a population. They start with stripping people of rights and dignity - such as the right to be presumed innocent until proven guilty - that you yourself enjoy. Not because it is right, but because you can. And because somehow, you think this is going to solve a problem.
However, when you strip a man or a woman of their basic human rights, you strip them of their dignity in the eyes of their family and their community, and even in their own eyes. An immigrant who is charged with the crime of trespassing for simply being in a community without his papers on him is being told he is committing a crime by simply being. He or she feels degraded and feels they are of less worth than others of a different color skin. These are the seeds of resentment, hostilities and in extreme cases, conflict.
Such "solutions" solve nothing. As already pointed out, even by people on the police force, Arizona's new laws will split the communities, make it less likely that people in the immigrant communities will work with the police. They will create conditions favorable to the very criminals these laws are trying to disarm.
The Latinos in Arizona have not come to Arizona because they want to live in communities wracked with violence and crime. I would guess that the most recent arrivals have fled their border towns and the growing violence there as drug lords tightened their control of the communities. They want to live and raise their children in peace, just as you or I do.
I am certain that, given the chance, the leaders of the Latino immigrant communities in Arizona would enthusiastically work with the state to find constructive solutions to these problems. I am very sure that they would like, as much as others, to rid Arizona of the drug smugglers, human traffickers and other criminal elements infiltrating their communities.
We can only hope that this law will be thrown out of the courts in short order. I do not disagree with the calls to boycott the businesses in the state until it is turned around.
In the meantime, it has opened the door to some smart state leaders sitting down with the leaders of the Latino communities in Arizona and hammering out some solutions that actually work. Hopefully these solutions would recognize the difference between a drug smuggler and a man willing to stand outside a gas station in the hot sun for hours in the hopes that someone will give him some work for the day.
The problem of migrating populations is not going to go away any time soon. If anyone should know this, it should be Americans, many of whom landed here themselves to escape persecution, famine or conflict. With the eyes of the world now on them, Arizona has the opportunity to create a new model for dealing with the pitfalls, and help the nation as a whole find its way through the problems of illegal immigration. But to work, it must be a model that is based on a deep respect for the essential human rights Americans themselves have grown up enjoying.
This post has been cross-posted at TheCommunity.com.
Rev. Mpho A. Tutu: Father's Day 2010: Why I Am Proud of My Father
http://www.csmonitor.com/2007/0824/p09s01-coop.html
Big cities such as Johannesburg have become seedbeds for robbery and violent hijacking, making crime South Africa's biggest problem. Sometimes it is the work of individuals; sometimes the work of organized gangs. One black editor, while in no way supporting the old apartheid regime, remarks wryly: "There was no city crime or unemployment in the old days. If you were a black without a [residence] pass and a letter from your boss saying you had a job, the police would run you out of town. Today, whether you are black or white, you take your life in your hands if you walk downtown at night."
We don't have official apartheid in the United States either, except maybe in Arizona, and we don't have near the crime rate that South Africa does. And OF the people committing crimes, I guarantee you the crime rate is just as high among whites as it is among blacks, if not higher. I don't mean reported crime rate either. Whites simply get away with it more often.
If there were blacks without an employment letter within city limits, that means there was unemployment in the city. The cops running an unemployed black person out of town was irrelevant--he was still unemployed and still lived in the city. And is it not a crime, in a way, to deprive a person of their home just because they don't have a job right this minute? Oh, sorry, that one wasn't on the books, so it doesn't count.
Did people honestly think that a population that brutalized for that long was just going to settle down and not act out after they had their freedom? I've been mistreated to a lot lesser degree than that and it *still* messed me up in the head and had me acting crazy for years. I can't even begin to imagine what it was like in their shoes. Are *you* even going to *try*?
Please do not allow this widespread misconception to continue to be repeated without challenging and correcting it.
According to the Bureau of Justice Statistics (BJS), the violent crime rate in Arizona was lower in 2006, 2007, and 2008 -- the most recent year from which data are available -- than any year since 1983. The property crime rate in Arizona was lower in 2006, 2007, and 2008 than any year since 1968. In addition, in Arizona, the violent crime rate dropped from 577.9 per 100,000 population in 1998 to 447 per 100,000 population in 2008; the property crime rate dropped from 5,997 to 4,291 during the same period. During the same decade, Arizona's undocumented immigrant population grew rapidly. The Arizona Republic reported: "Between January 2000 and January 2008, Arizona's undocumented population grew 70 percent, according to the DHS [Department of Homeland Security] report. Nationally, it grew 37 percent."
source: Media Matters For America mediamatters.org
“We’re in the eye of the storm,” Phoenix Police Chief Andy Anderson told ABC News of the violent crimes and ruthless tactics spurred by Mexico’s drug cartels that have expanded business across the border. “If it doesn’t stop here, if we’re not able to fix it here and get it turned around, it will go across the nation,” he said.
California Attorney General Jerry Brown warned that as the U.S. government focuses so intently on Islamic extremist groups, other types of terrorists – those involved with the same kidnappings, extortion and drug cartels that are sweeping Phoenix – are overlooked.
“Those [criminals], for the average Californian or the average America, may be a more immediate threat to their well being,” Brown said.
In fact, kidnappings and other crimes connected to the Mexican drug cartels are quickly spreading across the border, from Texas to California. The majority of the victims are either illegal aliens or connected to the drug trade.
I thank Desmond Tutu for speaking in behalf of our communities but he missed a great chance to denounce the truth about the origins of this racist trend that is increasing.
I don't wanna hear from "assimilation"--anyone who thinks speaking English is "assimilation" oughta try speaking Lakota or Tsalagi. YOU assimilate. English is a foreign language just like French and Spanish are. It did not originate in North America.
Questions to Ask Yourself Before Judgment, Is America Anti-Immigrants or is it just against illegal immigrants?
So, to recap, boiled down: NON-WHITE AMERICAN CITIZENS OR CITIZENS WITH ACCENTS WILL HAVE TO CARRY PAPERS OR RISK BEING ARRESTED AS ILLEGALS. Moreover, those people can legally be harassed by police officers - the law doesn't require that, but it ALLOWS FOR it, which in and of itself is enough to render this law both unconstitutional and simply wrong.
Does that make sense?
It is unfair to demand that aliens carry their documents with them?
It is true that the Arizona law makes it a misdemeanor for an alien to fail to carry certain documents. “Now, suddenly, if you don’t have your papers … you’re going to be harassed,” the president said. “That’s not the right way to go.” But since 1940, it has been a federal crime for aliens to fail to keep such registration documents with them. The Arizona law simply adds a state penalty to what was already a federal crime. Moreover, as anyone who has traveled abroad knows, other nations have similar documentation requirements.
Reasonable suspicion” is a meaningless term that will permit police misconduct.?
Over the past four decades, federal courts have issued hundreds of opinions defining those two words. The Arizona law didn’t invent the concept: Precedents list the factors that can contribute to reasonable suspicion; when several are combined, the “totality of circumstances” that results may create reasonable suspicion that a crime has been committed.
For example, the Arizona law is most likely to come into play after a traffic stop. A police officer pulls a minivan over for speeding. A dozen passengers are crammed in. None has identification. The highway is a known alien-smuggling corridor. The driver is acting evasively. Those factors combine to create reasonable suspicion that the occupants are not in the country legally.
Actually, Section 2 provides that a law enforcement official “may not solely consider race, color or national origin” in making any stops or determining immigration status. In addition, all normal Fourth Amendment protections against profiling will continue to apply. In fact, the Arizona law actually reduces the likelihood of race-based harassment by compelling police officers to contact the federal government as soon as is practicable when they suspect a person is an illegal alien, as opposed to letting them make arrests on their own assessment.
It is unfair to demand that people carry a driver’s license?
Arizona’s law does not require anyone, alien or otherwise, to carry a driver’s license. Rather, it gives any alien with a license a free pass if his immigration status is in doubt. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country.
While it is true that Washington holds primary authority in immigration, the Supreme Court since 1976 has recognized that states may enact laws to discourage illegal immigration without being pre-empted by federal law. As long as Congress hasn’t expressly forbidden the state law in question, the statute doesn’t conflict with federal law and Congress has not displaced all state laws from the field, it is permitted. That’s why Arizona’s 2007 law making it illegal to knowingly employ unauthorized aliens was sustained by the United States Court of Appeals for the Ninth Circuit
Love
Bette S Baysinger
Love
Bette
If we are a society that works because laws keep things moving along, why can someone breaking our laws by sneaking over here, and then having a baby here that suddenly gets what ALL THOSE THINGS IMMIGRANTS THAT CAME HERE BY FOLLOWING OUR LAWS WORKED SO HARD TO GET FOR THEIR CHILDREN LEAVING A HOMELAND, LEARNING THE LANGUAGE, BRINGING THEIR SKILLS TO USE TO BUILD THEIR BETTER LIFE, because THEY BROKE OUR LAWS to TAKE ADVANTAGE OF US, not be One of US IS WHAT IT IS ABOUT. Anchor citizens, not illegals, have ruined America as land of immigrants.
Someone asked me how far back we should go to right this wrong that has been invading our boarders illegally, breaking our laws, and then allowed freedom to do whatever they want here by our failings to keep America strong with our interpretation of the 14th Amendment CREATING THIS INVASION, how far back we should strip this illegal citizenship from those whose parents purposefully broke our laws with bad intent. We need to help them create something in their own land as we remove this harmful situation from furthering ruining America.
Love
Bette S Baysinger
Love
Bette S Baysinger
The law is a mirror of US Code Title 8, Chapter 12 and all the sub chapters. It is not an Arizona Law, and it is a law that asks for people to prove they are legally in the United States with papers, or a drivers license. TuTu is very, very offense when he suggests that the police would arrest a young lady without I.D. and ship her to her home. They would give her a ticket if they didn't know here.. they would tell her to do it next time she comes out, but unless the lady attacked the Cops for stopping her, nothing along that line would happen.
Further. It is grossly racist and grossly bigoted for TuTu to use this example, and suggest the out come would be as he describes it. He should not have been allowed to post an article. Nor did he help anything.
Peace,
L