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Jeff Biggers

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Arizona Awaits Next SB 1070 'Papers Please' Ruling, UndocuBus Rallies Undocumented Mothers Across Country

Posted: 08/22/2012 6:18 pm

Three weeks into their historic "No Papers No Fear Ride for Justice," Phoenix resident Leticia Ramirez carries a message for other undocumented mothers across the United States.

"I am mother and I am undocumented and I am not afraid," Ramirez, a mother of three young children, told me in a phone interview today, as the 30-plus modern-day freedom riders entered Georgia, on the heels of the 11th Circuit Court's strike down of that state's Arizona copycat immigration.

"I have heard so many stories from other mothers," Ramirez said, an 18-year resident of Arizona, who was brought to the United States from Mexico as a child. "They are inspired by our journey, and tell me that they have been inspired to come out of the shadows, and this encourages me to keep going."

At a "No Papers, No Fear" rally in Alabama earlier this week, undocumented mother Trini Garcia told Ramirez and other participants about her travails against last year's lethal combination of the devastating tornado and punitive immigration laws. A 15-year resident in Alabama, Garcia noted:

"I cannot stay quiet when I see that our rights are being stepped on. Those in the legislature need to know that they are not dealing with numbers, but with people and families. Our own community needs to organize, and learn about their rights, and learn to lose fear. That is why I'm telling my story today."

As in Georgia's mixed decision, the infamous "show me your papers" 2B clause in Arizona's SB 1070, upheld by the U.S. Supreme Court, is now back in the U.S. Circuit Court of Appeals this week over challenges of violations of the 14th Amendment's Equal Protection clause and the Fourth Amendment's search and seizure clause.

A preliminary injunction remains in effects on the 2B clause, which stipulates that law enforcement must make a "reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion that person is in the country illegally."

"From raids in the workplace, to daily traffic stops over minor issues," Ramirez said, the 2B "papers please" clause allows for discriminatory violations against Latinos targeted by the SB 1070 immigration law. "Because of the color of your skin, your neighborhood, every step of your life, with 2B in effect we never know what will happen."

Over half of the estimated 10 million undocumented adults in the U.S. have children, according to a Pew Hispanic Center analysis. A recent study by the Applied Research Center, "Shattered Families," found that "at least 5,100 children are currently living in foster care who are prevented from uniting with their detained or deported parents."

A number of civil rights groups, including the Mexican American Legal Defense and Education Fund, the National Immigration Law Center and the ACLU, have brought the new legal challenge back to Judge Susan Bolton, who issued the initial injunction against SB 1070 two years ago.

Ramirez said the UndocuBus, organized by Arizona human rights group Puente and other civil rights advocates, has received an outpouring of support from communities across the Southwest and South.

"We're educating people, and letting them know that people are fighting these laws in every state," Ramirez said. "That we are not afraid to come out of the shadows."

Headed for the Democratic Party convention in Charlotte, Ramirez added that their message, ultimately, was also aimed at President Obama and his Democratic Party.

"We want President Obama to keep his promise for immigration reform," she said. "It's time to keep that promise for all families."

This post has been modified since its original publication.

 
 
 
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Three weeks into their historic "No Papers No Fear Ride for Justice," Phoenix resident Leticia Ramirez carries a message for other undocumented mothers across the United States. "I am mother and I ...
Three weeks into their historic "No Papers No Fear Ride for Justice," Phoenix resident Leticia Ramirez carries a message for other undocumented mothers across the United States. "I am mother and I ...
 
 
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Snake1994
Snakebite!
02:57 PM on 08/25/2012
I never knew you come over the border illegally and be granted citizenship of the US. Where have I been! And when they do come out of the shadows they should be arrested and deported for breaking the law.
HUFFPOST SUPER USER
BlairCase
09:19 AM on 08/25/2012
In the Georgia case cited imj the article, the 11th Circuit Cour upheld the section that allow police officers to check the immigration papers of people they stop.
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HUFFPOST PUNDIT
spytheweb
Black Democrat
10:53 PM on 08/24/2012
"I am mother and I am undocumented and I am not afraid," Ramirez, a mother of three young children, told me in a phone interview today, as the 30-plus modern-day freedom riders entered Georgia, on the heels of the 11th Circuit Court's strike down of that state's Arizona copycat immigration."

These illegal aliens do not respect American law. These illegal aliens flee their lawless states and are here to strike down our laws.
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HUFFPOST SUPER USER
Ray Campbell
It's called Faith, because it's not Knowledge
12:05 PM on 08/25/2012
Oh, get off your high -horse. So, now there's an "illegal immigrant" secret agenda too?
Geeze, gimmie a break!
How many other facts can your bigotry ignore in order to perpetuate this distortion of reality?
01:44 AM on 08/24/2012
Mr. Biggers

Perhaps you are not aware of the current immigration law that states that Permanent Residents of the UNITED STATES are REQUIRED to carry the Permanent Residency Card. It's the LAW and it has been for quite sometime now. I know you are probably not a naturalized citizen, so you probably are not aware of that. So the whole "Papers please" similarity to what NAZY Germany use to do is disgusting. Perhaps you should first educate yourself with the LAWS of this country before you write nonsense.
I came to the Unites States legally when I was eleven years old and became a citizen while currently serving in the US Army. Perhaps next time you may want to get some information from people like myself or others who have immigrated to this country legally.
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HUFFPOST SUPER USER
maxom
Just flew over the coo coo's nest
09:46 PM on 08/23/2012
Tell me again.....what ''rights'' do undocumented s have???.....I must have missed that somewhere along the line.
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HUFFPOST SUPER USER
Ray Campbell
It's called Faith, because it's not Knowledge
12:12 PM on 08/25/2012
Well, there are a few cases, here's one: http://usgovinfo.about.com/gi/o.htm?zi=1/XJ&zTi=1&sdn=usgovinfo&cdn=newsissues&tm=316&f=20&su=p284.13.342.ip_&tt=2&bt=0&bts=0&st=37&zu=http%3A//caselaw.lp.findlaw.com/scripts/getcase.pl%3Fcourt%3DUS%26vol%3D118%26invol%3D356
"In Yick Wo v. Hopkins, a case involving the rights of Chinese immigrants, the Court ruled that the 14th Amendment's statement, "Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws," applied to all persons "without regard to any differences of race, of color, or of nationality," and to "an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here." (Kaoru Yamataya v. Fisher, 189 U.S. 86 (1903) )"

It's All About Equal Protection.
When the Supreme Court decides cases dealing with First Amendment rights, it typically draws guidance from the 14th Amendment's principal of "equal protection under the law." In essence, the "equal protection" clause extends First Amendment protection to anyone and everyone covered by the 5th and 14th Amendments. Through its consistent rulings that the 5th and 14th Amendments apply equally to illegal aliens, they also enjoy First Amendment rights.
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HUFFPOST SUPER USER
justinurcase
Oh, well
11:39 AM on 08/26/2012
I don't believe the founding fathers ever intendet that to mean people can jump our borders illegally and be protected by our constitution.
08:46 PM on 08/23/2012
This problem is nothing but a Political Football. It surfaces every few years and then fades away.

Why not bring back the Guest Worker Programs? Register people who want to come here to work.

No one wants to risk their life to come here and live fearfully in the shadows except extremely desperate people.

There has to be a solution. The Bracero Programs could be a template for newer, updated programs.
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Viper1st
multi quasi faceted
10:31 AM on 08/24/2012
The Bracero Program ~ exists today as the H2A Visa "guest worker" program, just little used by U.S. Farmers, because is requires the following:

> Workman's Comp Insurance coverage for H2A workers
> Guarantee of Adverse Effect wages to H2A workers, 27% more than minimum hourly wage
> Provided Transportation from country of origin & to/from jobsites
> Provided Housing & Utillities
> Provided 3 meal a day
> Provided weekly trip into town

http://www.growerslaborservices.com/h2aprogram.html
http://www.foreignlaborcert.doleta.gov/adverse.cfm
07:27 PM on 08/23/2012
Do you believe this people?

Under obama illegal aliens are riding around in a bus demanding rights and privileges!

Let's get back to sanity. Romney '12.
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inthedesert
Those who never question will fall for anything.
06:27 PM on 08/23/2012
These folks have no rights because they are NOT citizens. Geesh. And, the funny thing is that the more they whine and scream and name-call and march, the more many Americans who are neutral on this subject will turn against them. What the illegals and their media shills don't get yet is that the tide of public opinion has turned totally negative for these folks. America has had enough of these people.
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Snake1994
Snakebite!
04:08 PM on 08/23/2012
Rights! What rights? You have human rights in this country and that's it. You are here illegally remember!
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Thirdparty123
12:03 PM on 08/23/2012
They are called Illegal for a reason. I know this is overstated on every comment section regarding immigration issues, but let’s look at the violations of U.S. law committed by illegally entering the U.S.
First they enter without inspection a violation of 8 USC 1325. Typically they support a felon by doing this (coyote or alien smuggler) who is committing the felony violation of 8 USC 1324. Now that the individual is in the country they have to obtain employment. To be employed in the U.S. you need to complete the Form I-9 which requires ID. Illegals don't have ID so they go and support another felon and obtain one, both the document vendor and the alien are guilty of 18 USC 1546.

These are only a few of the many violations of law committed by the alien. There are also state and local laws for having and using fraudulent identity documents, driving without a license, or insurance, just to name a few. Let’s also not forget how many other felons they support to commit these crimes, to include alien smugglers and fraudulent document vendors. They are also taking the jobs of legal immigrants and U.S. citizens that have not committed these crimes.

I feel sorry for these people's circumstances, but they have shown a propensity to break our laws, and I don't think this is who we should encourage to stay here by offering jobs, benefits and promises of amnesty.
06:11 PM on 08/23/2012
Under this premise, and if we believe in equal protection, anyone who has ever committed a crime should be punished. So, if you have cheated on your tax return (did you report those garage sale earnings?), driven in a dangerous fashion, or committed any other offense whether minor or grave, then let's have you get in line as well. Everyone who has broken any law should be punished! Second, the basic point of these laws is that "reasonable suspicion" is a open invitation to selective application of the policies. I ask you: what do you have in your possession at this very moment that proves you are a citizen or have legal and documented status? Among the wrong answers is "driver's license." You don't have to prove citizenship to get one and you don't need one to walk down the street. If you have blond hair and blue eyes, don't worry, though. We have already seen citizens born and bred in the U.S. jailed and even deported for lack of "papers.". The evident confusion regarding the term "alien" (see above) is just the problem. Many aliens (i.e., citizens of other countries) are in fact in this country legally. But not a concern for Australians or Norwegians!
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HUFFPOST SUPER USER
Thirdparty123
08:09 PM on 08/23/2012
First people that break the law should be punished if it can be proven.  Someone who was born in another country and has no evidence of being inspected upon entry has committed a crime.
All federal criminal statues require Probable Cause which is a much higher burden than reasonable suspicion.  Reasonable suspicion is required to question someones legal status, but not to arrest and charge them.  
By law if I claim I am a US citizen the US government has to prove I'm not.  On the other hand, if I claim to be a citizen of another country the burden of proof is on me to prove I'm legally present.  It should also be noted that False Claim to US Citizenship is a felony.
You do have to provide proof of legal immigration status to get a driver's license in many states.  That and the fact that you need more than a driver's license to get a job.  Feel free to look up the requirements for the Form I-9.   Proof of  eligibility to legally work is also required.
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markspence
11:12 PM on 08/22/2012
" . . . as the 30-plus modern-day freedom riders entered Georgia, on the heels of the 11th Circuit Court's strike down of that state's Arizona copycat immigration."

The Court did not strike down the Georgia law. It enjoined the portion that criminalized or fined people caught transporting illegal aliens.

Very curious interpretation.
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HUFFPOST SUPER USER
ugly american
"I drank what?"- Last words of Socrates
08:37 AM on 08/23/2012
People from different political systems believe our courts work the same as theirs. Don't forget the same people were the ones who called for Obama to make the DREAM Act law by simply proclaiming it.
The essence of propaganda is to convince the enemy and your own troops that you've won the war before the battle has been joined. In Latin America, propaganda is nine points of the law.
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inthedesert
Those who never question will fall for anything.
06:28 PM on 08/23/2012
Excellent point.
08:13 PM on 08/22/2012
"undocumented" = illegal

Illegals are criminal and thieves just by being here. Those who support them are literally stabbing the country in the back. I don't know how you can live at night.
08:08 AM on 08/23/2012
Thieves? Please explain
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HUFFPOST SUPER USER
ugly american
"I drank what?"- Last words of Socrates
08:45 AM on 08/23/2012
Fairly simple; By crossing the border illegally, what is it they hope to gain? Employment? Benefits? Rights as a citizen? A new identity?
They don't come to this country wanting nothing. But coming illegally, they have no right or entitlement to anything. Since they are coming anyway to take those rights and benefits even though they do not have permission, they could easily be considered to be stealing them. Ergo; Thieves. Clear?
07:29 PM on 08/23/2012
It costs money for illegal aliens to have kids. It costs money to put those kids through school. It costs money to give them welfare, foodstamps, cell phones, section 8 housing etc...

They're not entitled to that money and yet they are taking it. That's called stealing.