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Marielena Hincapié

Marielena Hincapié

Posted: May 17, 2010 12:52 PM

We're Suing Arizona

What's Your Reaction:

Today, my organization, along with several other civil rights organizations, declared a collective "Basta!" in response to Arizona's notorious racial profiling law. This morning we filed a class action lawsuit to prevent this law from disrupting the lives of countless people of color.

Arizona's legislature recently turned back the clock on civil rights by passing SB 1070, a sweeping piece of legislation that will effectively order police to ask men, women, and children "suspected" of being undocumented to show their papers. Furthermore, those caught transporting or sheltering undocumented immigrants -- even family members -- can be charged with a criminal offense under the new law.

This law will threaten the very livelihoods and daily actions of Arizonans of color, hurting all Arizonans. Take, for example, plaintiff Luz Santiago. Santiago, a church pastor in Mesa, is a U.S. citizen and a Latina. She believes that the law will not only trample on her civil rights, but will also put the safety of her mostly Latino congregation at risk. The law would subject her to arrest for the simple act of taking congregants to the hospital when they need urgent care or youth to spiritual events if they are undocumented. She also fears that her church will no longer be a sanctuary for all, leaving vulnerable people with nowhere to turn when they need help.

Or take the example of Jim Shee, a U.S. citizen of Chinese and Spanish ancestry. Over the past month, Shee has been stopped by police twice for essentially "driving while brown." Both times, police demanded "papers" from this 70-year-old born-and-bred Arizonan. Shee, like many of us, does not carry his passport or U.S. birth certificate when running errands or driving about town. Shee rightly fears that his story will become the story of countless people in his community.

It's been decades since a state government made such an overt attempt to trample on the civil rights of an entire segment of its society. From Maine to California, millions of people of all backgrounds have united to draw a line in the sand, organizing marches and boycotts to raise concerns about this blatant affront to human rights and civil liberties. Groups ranging from the generally apolitical Phoenix Suns to active civil rights organizations across the country are standing up to reject this racist law. If we fail to take down this law and to protect the rights of all Arizonans, we will have allowed the politics of hatred and fear to win. Now, with attorneys working on the case, Friendly House, et al. v. Whiting, et al., the National Immigration Law Center will be able to utilize a powerful legal weapon in the fight to protect our rights.

Civil rights leaders and cultural icons ranging from Shakira to Desmond Tutu to President Obama have given eloquent explanations about why Arizona's racial profiling law makes a mockery of this country's values and Constitution. The National Immigration Law Center also feels it is necessary to stop this law from going into effect. We filed this suit today because if we do not take a stand, people like plaintiffs Jim Shee and Luz Santiago will suffer tremendously, and the very fabric of our society will be weakened. America is better than this and we must ensure that the founding values of this country are upheld for all.

Our rights, when threatened, must be protected by any means necessary. Until they are secured, we must continue to rally, organize, and sue to ensure that we maintain liberty, justice, and equality for all.

 
 
 
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05:40 PM on 06/01/2010
How illegal immigration will destroy the US as you know it. [Within your children's lifetime.]

This Lecture was done in 1999. - http://www.youtube.com/watch?v=FM1YU-Ni_84

Looking at the chart when he gets there,
What they estimated in 1999 for 2010 is spot on what actually happened.
[Estimated in 1999 population would be just over 300 million in 2010. It is..]

When he gets to the gumball demonstration keep in mind the large jar represents the people in the world that are WORSE OFF than Mexicans.

Because of illegal immigration from 1999 to present we've had to:
Build TWICE as many - schools - roads - sewer plants - power plants.
Build TWICE as many -everything else- that's infrastructure.
Hire TWICE as many new cops and firemen and teachers. [Or leave things under serviced.]
Use TWICE as many TREES and other natural resources.

Anyone that thinks illegal immigration isn't a significant load on our economy and natural resources is a moron.

Overpopulation from illegal immigration will SOON destroy the US as you know it.

If you don't want every city in the US to become a giant LA-like Slum within our or our children's lifetimes then illegal immigration has to STOP NOW!

~

Link to just the chart. [Sorry about the quality.]
http://www.numbersusa.com/content/files/imagecache/fpage/files/cck_images/population.jpg..
. .
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HUFFPOST SUPER USER
mustardhead98
Professional Fine Artist
08:50 PM on 05/19/2010
What on earth is going on here! I've read the law-have all the people yell ing how their civil rights will be trampled upon read the bill????????? And I cannot believe the president is fanning these flam es. What is the ag enda? It's becoming clear.

If we aren't careful this president will lead the United States into complete civil w ar . Why is he not coming out to calm people down? Some leader.
02:53 PM on 05/21/2010
There are a lot of morons who think the law is unconstitutional when illegals are not protected. That is what is going on. Folks who have not read the law try criticizing the law.
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HUFFPOST SUPER USER
smurfshoe
el conquistador
02:51 PM on 05/19/2010
OMG I'm rethinking my identity as a progressive liberal minded person because of this one issue. As as Angelino who's lived in Latino neighborhoods most of my life I completely agree with the voters of Arizona and applaud them for protecting their standard of living. In the last twenty years Ive witnessed my city (los Angeles) turn from a 1st class paradise into a third world hell hole, and it breaks my heart. America needs to wake up, we have a huge problem, just look at the state of California.
08:36 AM on 05/19/2010
Entering the US illegally IS already a crime. It's a felony. Just because the federal government takes the option of offering deportation instead of incarceration and prosecution doesn't make it legal. If you are pulled over for speeding, the police officer will ask for your drivers license--regardless of the color of your skin or your accent. According to Arizona law, anyone producing a valid drivers license is considered to be legally in the US. How is that oppression, racial profiling, Nazism, etc? The federal government needs to change immigration policies so that we don't have a slavery class in the US--subject to deportation at any time, often getting paid less than minimum wage, etc. We need workers but we owe it to them and their families to allow them to be in the US legally. Currently, there is no reasonable legal way for low wage workers to enter the US legally (except by marrying a US citizen). This is the real problem.
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HUFFPOST SUPER USER
Gaye Tannenbaum
Apprentice adoptee activist
07:01 PM on 05/18/2010
What about those who aren't residents of Real ID compliant states? Do we need a passport to visit Arizona or just a certified birth certificate? Will they accept amended birth certificates of adoptees? US Passport Services doesn't accept them if the amended birth certificate was filed more than one year after birth.

Oh, wait! There's more! If you've changed your name due to marriage, you'll need your marriage certificate in addition to your birth certificate.
07:01 PM on 05/18/2010
The first thing Arizona's Attorney General should do after the state is served with the lawsuit is to go into court and request an order from the judge requiring the National Immigration Law Center to post a substantial bond to confirm that the organization will have the funds on hand to reimburse the Arizona taxpayers for the thousands of dollars in legal fees that defending this frivolous lawsuit will have cost the state by the time the case goes down in flames. If the organization is so certain that the law is unconstitutional, surely they are confident enough to agree that the loser should pay the other side's costs and attorneys' fees at the conclusion of the case (which will be an easy victory for the State of Arizona).

This quote from Ms. Hincapie's article tells you everything you need to know about the agenda of her organization:

"Furthermore, those caught transporting or sheltering undocumented immigrants -- even family members -- can be charged with a criminal offense under the new law."

Yeah. The new law might actually lead to people that commit criminal offenses being charged with criminal offenses. It's an outrage, I tell you.

EPIC FAIL
08:35 PM on 05/18/2010
You really don't get it. Arizona cannot make immigration status a crime - THAT'S what's unconstitutional, only the feds can criminalize that and they have NOT - the feds deport you if you're here illegally, they don't prosecute you (why imprison when you can deport?). The only crime here is the one created by AZ which the state has no authority to create. The outrage is all the "ends justfy the means" people who don't care about the constitution, just "fixing" immigration.
12:52 AM on 05/19/2010
Actually, I do get it. The legal doctrine you are referring to is called federal preemption, and I certainly expect that the open border shills will make the argument that Arizona's law is preempted by federal law and therefore invalid and unenforceable. But complete federal preemption is a tall order and the plaintiffs will have the burden to show that the federal government intended to fully occupy the field of immigration enforcement AND that the provisions in the Arizona law actually CONFLICT with federal law. Even if the plaintiffs can meet that burden, they may only meet it as to parts of the law and the Court would have the discretion to invalidate only those provisions, leaving the provisions that do not conflict with federal law intact and enforceable.

And by the way, in 2002, the Bush Justice Department's Office of Legal Counsel issued a legal opinion concluding that state police officers have “inherent power” to arrest undocumented immigrants for violating federal law. The Obama Administration has not withdrawn the opinion, nor issued a subsequent opinion revising the Justice Department's position on the issue. Consequently, it remains the Justice Department's official position.

http://www.washingtonpost.com/wp-dyn/content/article/2010/05/17/AR2010051702175.html

If Obama takes no action on the issue, it will be amusing to watch the plaintiffs try to argue that the Arizona law is preempted in the face of a Justice Department legal opinion authorizing exactly what the state has done.
08:39 AM on 05/19/2010
Entering the US illegally is a felony.
06:57 PM on 05/18/2010
How about sueing Iran for holding the three illegal immigrant hikers they put in their jail last year.

I know what your lawyers will say when you propose this lawsuit. They will tell you you are nuts..

If you want to help the illegal immigrants, send your money to AZ to help them pay the 2.5 billion a year expenses they are incurring because of illegal immigrants..
06:34 PM on 05/18/2010
"We're Suing Arizona:" And driving Republicans into office in the process.
06:01 PM on 05/18/2010
Are you gonna wait until the law has taken affect before claiming it's affecting people? How can you have a class action lawsuit with actual plaintiffs who haven't been affected yet, unless you're suing all the boycotters who are depressing business in the state?
HUFFPOST SUPER USER
healthanalyst
Banned from commenting, so?
07:17 PM on 05/18/2010
You can file on constitutionality as soon as its signed, happens a lot.

Missouri legislature used to file almost the same bill year after year prohibiting funds for family planning for health dept, was a required Federal matching program, got tossed at least 3 or 4 years running.
04:10 PM on 05/18/2010
As an AZ resident, thank you. I know as a white person I will never get stopped so the police can check my "papers", but it is quite a different story for my brown friends, citizens or not. People of color already get harassed in this state, and this bill will only give people like Sherriff Joe permission to increase their harassment agenda. There are already laws on the books to deal with illegal immigration. They are just not being enforced in an equal manner, i.e. arresting and jailing employers of illegal aliens. Enforcement, communication and coordination down on the boarder is spotty at best, putting everyone, including the Boarder Patrol agents, in danger. We have a wide range of problems that this law does not address, it is just a scam to make the Republicans look good to their constituents come election day.

It is our job to vote the people out of office who not only came up with this ineffective and controversial law but are also bankrupting our state. In the meantime, the only way I can see to stop this law is for the courts to strike it down. Too many conservatives in this state think there is a quick fix to our problems and refuse to deal with the reality of a multiethnic state.
02:58 PM on 05/18/2010
I still have not heard if you are going to sue California too? They have a law on the books right now that is just like the one in AZ. Are you going to do the same or just be a hypocrite?
08:38 PM on 05/18/2010
There is nothing on the books in CA like AZ. It is not a crime in CA to be in the state illegally. There is no law in CA that authorizes the police to stop anyone and demand proof of citizenship or face arrest.
07:34 AM on 05/19/2010
Neither does the AZ bill, you obviously have not read the entire law. Have you read the section of CA law I posted earlier? Obviously not, or you know that the laws are very similar.
07:41 AM on 05/19/2010
Since you have not read the law or the bill and doubt you will, I will help you out some. Oh, is that "if suspected to be" in the CA law, YES it is. Thank you.

Section 834b in the California Penal Code = Every law enforcement agency in California shall fully cooperate with the United States Immigration and Naturalization Service regarding any person who is arrested if he or she is suspected of being present in the United States in violation of federal immigration laws. (b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following: (1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status
BrighterStar
Let Freedom Ring
02:54 PM on 05/18/2010
This suit should be thrown out immediately. There is nothing facially about this law that is unconstitutional. It does not allow for racial profiling. If the implantation of the law leads to constitutional violations then the case should be heard. Of course, this is the Ninth Circus so who knows what will happen.
08:41 PM on 05/18/2010
It is unconstitutional for multiple reasons. The state has no authority to criminalize immigration status - that is purely federal, so the crime AZ has created violates the supremacy clause of the U.S. Constitution. The law allows police to stop anyone at any time if there is "probable cause" to suspect they are not here legally - except there is no way to have probable cause to know anyone's immigration status by just looking at them, thus it encourages profiling, and authorizes seizures without probable cause in violation of the 4th Amendment. I can go on, but you should get the idea by now.
09:27 PM on 05/19/2010
Read the law before criticizing the law. They can not stop you for NO reason. They have to have probable cause. They can not get in the way of federal law, as it states in the immigration law. You must be illegal or liberal, and just pissed that someone is defending their state from criminals. The illegals are not protected by the fourth amendment.
charles77
Just the Facts Please
12:35 PM on 05/18/2010
There are no worries for any legal citizen of ANY color!

All you need is a Drivers License or State ID from AZ or any state that complies with the Real ID Act! You don’t have to carry any other “papers”!

Everyone just shows their papers once, like we all have to do to apply for our DL or state ID, and you’re done.

Increasingly, states are requiring proof of citizenship when applying for “enhanced” driver’s licenses as required by the federal Real ID Act.

Documents Serving as Primary Evidence of U.S. Citizenship:

In most cases, documents serving as “primary” proof or evidence of citizenship are required. Documents serving as primary evidence of U.S. citizenship are:

Previously issued, undamaged US passport
Certified birth certificate issued by the city, county or state of birth
Consular Report of Birth (of U.S. citizen) Abroad or Certification of Birth
Naturalization Certificate
Certificate of Citizenship
The Consular Report of Birth Abroad or Certification of Birth should be obtained by persons who were born abroad to U.S. citizens.

http://usgovinfo.about.com/od/immigrationnaturalizatio/a/proofofcitzenship.htm
charles77
Just the Facts Please
12:24 PM on 05/18/2010
"Or take the example of Jim Shee, a U.S. citizen of Chinese and Spanish ancestry. Over the past month, Shee has been stopped by police twice for essentially "driving while brown." Both times, police demanded "papers" from this 70-year-old born-and-bred Arizonan. Shee, like many of us, does not carry his passport or U.S. birth certificate when running errands or driving about town."

A. This law has not taken effect yet so this cannot be related to it!

B. The new law SAYS a valid AZ DL is all you need. So when see's "driving about town", she would have no worries. She would not have to carry any other "papers".
charles77
Just the Facts Please
12:20 PM on 05/18/2010
"Furthermore, those caught transporting or sheltering undocumented immigrants -- even family members -- can be charged with a criminal offense under the new law."

Whats wrong with that?

Don't you think the family would know if they were illegal?

If you transport a family member that robbed a bank, you go to jail too.