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Miguel Guadalupe

Miguel Guadalupe

Posted: April 21, 2010 06:25 PM

Arizona's SB1070 Gestapo Law Reveals Right Wing Version of "Liberty."

What's Your Reaction:

"Show me your papers, are your papers in order?" This phrase was made famous, or rather infamous, by the Gestapo, and will soon be heard throughout the state of Arizona, (updated 4/23) Now that their Governor has signed into law SB1070, a vague and broad law giving law enforcement the unprecedented power to stop and check the documentation of any individual where "reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S.."

There are no guidelines as to what "reasonable suspicion" is, but knowing the reality on the ground, it is obvious to all that "reasonable suspicion" means those looking like, sounding like, or acting like general stereotypes of undocumented immigrants coming from Latin America. In short -- this is a bill that allows police to suspect all Latinos of being undocumented, and gives them the right to question their status at any time, for any reason.

The legality of this will of course be challenged as the rest of the nation and the world reacts in horror at what many who support immigration reform have long warned would be the consequence of allowing far right politicians to control the debate around immigration, and write enforcement-only laws which drip of xenophobia and racism.

This law also uncovers the unbelievable hypocrisy of the right -- those who have threatened to take up arms to "take their country back" from the brink of socialism, to defend freedom against tyranny. Where are you Tea Party, to decry this obvious encroachment on the individual liberties of the citizens of Arizona? Where are you, conservatives, decrying the use of government funds and resources to form a "police state" where the populace can be stopped for no other reason than for moving about freely in public?

While the right have been busy chasing socialist unicorns and barricading themselves against gun controlling Yeti, a real world example of everything they claim to be defending this country against has been grown like a prickly bush in their own lawn-chaired backyards.

But I forget. They support this measure, because it's against "the other." This doesn't effect "real Americans," but only outsiders who look different from them and who shouldn't be here anyway.

What of fellow citizens? What of the millions of US born and naturalized persons, or those who are in the process of becoming so, who might share the physical characteristics of these "outsiders?" Shall we pin our papers to our coats when walking on the street to avoid harassment? Perhaps we should stitch patches to our sleeves so the police can easily tell who we are and what our status is? If you can ask for papers of any one on the street, why not at their homes? Better yet, why not relocate us to a central part of town, so that the authorities can have an easier time monitoring our movements, all in the name of keeping out the undesirables.

Where are your documents? In a safe deposit box? Our bad, sorry we kept you locked up over the weekend and sent your husband on a plane to the middle of Guatemala, but we got a tip from your neighbor that aliens might be living in this apartment.

We see now where the right plans to take this country. We see that their cries of liberty are not about liberty at all, but the simple wailings of an angry mob longing to be rid of "the other."

And what of "The Maverick" that never was? What of the Senator from Arizona, the one who claimed to have the temperament to lead our country? What of the man who just years ago, supported comprehensive immigration reform? He now supports his wayward statesmen, saying this legislation is necessary because these people "were causing accidents on the freeway." My god man. Are you so desperate to continue your senatorial ride that you'd hitch your cart to any ass in front of you? And by ass, I mean mule, of course.

The farce that we are witnessing before us cannot be ignored or defended as an isolated occurrence. Already we see an unprecedented raise of violence against those suspected of being so-called aliens across the country. From "beaner hopping" in Long Island, NY to the deportation of lawful Immigrants, this wave of anti immigrant and by extension, anti-Latino hate crime is up and has very real, very tragic consequences. Families live in fear for their children, and even multi-generation Americans like myself feel the stress when a society has decided to place Sarah Palin's crosshairs on our backs.

So show us, oh self proclaimed "defenders of liberty," that you are not just a band of angry White men still bitter from the last election, and defend us. What better example of government overreach than one that would force your fellow countrymen to walk under a cloud of suspicion, fearful that if one day we leave our wallets at home, we can be arrested, incarcerated, and shipped off to another country? You should be descending upon the Arizona legislature like you have on Congress, who merely wanted to reform healthcare for its citizens. Where is your tears for a country in crisis, Mr. Beck?

But we already know what the answer to all this is -- those rallies about freedom aren't about freedom at all. It's not about liberty of the universal kind. It is hypocritical posturing to intimidate the rest of the country to allow the right back in the driver's seat, so that they can pass legislation like Arizona's SB1070.

I fear for an America where liberty can be so fickle and discriminate.

 

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HUFFPOST SUPER USER
GomezAdams
Democratic wing of the Democratic party
06:30 PM on 06/15/2010
Great Article, Miguel Guadalupe...
08:53 PM on 05/26/2010
Mr. Guadalupe:

Based on your comments about AZ SB1070, it's evident you join the class of illiterate liberals (including Obama, Houlder and Napolitano) who have not read AZ SB1070. What a shame. Too many socialists who debate ideologies on emotions rather than facts.

Take a trip down here to illegal immigration ground zero, Tucson, and get a real dose of life on the Border..

www.freedumbsfuture.wordpress.com

Tumbleweed
08:23 PM on 05/25/2010
obama is also sending troops to border obama troops to border
03:33 AM on 05/18/2010
President Obama swore to defend the constitution of this country and that entails making sure that laws are upheld. Illegal Immigration is a problem. Our resources are being depleted by people that have no right to be here, they are breaking the law. Citizenship is a worthy goal and there is a process by which these folks can do that. These people are the concern of their respective governments my taxes should not have to be used to pay for their healthcare, feed them, jail them, or anything else. Send them home . The companies that illegally hire them should be fined and if they don't comply jail time would be appropriate. Face it America these parasites are slowly robbing not only you but your children of their prosperity. Can this Country not find a leader that will at the very least enforce the law of the land? Their life stories, etc. are of no concern to me. Go home and don't come back without going through the process of Naturalization. Times are hard for all of us and the last thing we can afford to do is allow these people to continue to sponge from us. Illegal is exactly that illegal.
12:43 PM on 05/19/2010
I will qualify this reply by stating that this debate is healthy for public discourse and in moving the issue closer to a federal resolution. That said, a substantial amount of states over the last several years have found themselves in the black (balanced budget or surplus) financially due to the broader tax base primarily infused by immigrant labor. Thus, "parasite" seems to be a hasty or visceral word choice. Arizona has made it clear in the wording of SB1070 that it would be fine without the economic contributions of immigrant labor and thus price subsidies that their cheap labor brings and that we as Americans enjoy (especially in this economy) should dry up once the spirit of AZ SB1070 is carried out. As for breaking the laws or rather broke the law-It happened once and now it is over (not a continuing conspiracy to be illegal)-this statement makes me question the broader AZ surveillance paradigm. Consider the possible $1,000 fine imposed on legal entities that do not enforce this "reasonale suspicion" standard. They will be fined with the funds earmarked for Arizona's Gang and Immigration Intelligence team enforcement mission fund established by section 41-1724. The pairing is obvious gangs (crime) and immigrants (criminals). Gangs organize for conspiracy and intimidation. Immigrants group together not out of a shared heritage or values, but because they seek to perpetuate their unlawfulness. The AZ intelligence fund pairing is as complementary as peanut butter and jelly: and that is American.
05:18 PM on 05/17/2010
Lawful contact has to exist before one can investigate. Unfortunately, I have watched on TV as well as read many online articles where this provision has been distorted, which helps no one. The standards procedures for making lawful contact are the same now as they were before SB 170 was enacted. The only difference is that now state authorities are given the power to enforce immigration laws that were at the sole discretion of federal authorities. I have no problem with that especially when you consider the problems in Arizona with illegal immigrants. I would have a big problem with state or federal officials coming up to me while I was walking down a sidewalk and asking me for my papers with no probable cause. Maybe the state should require police to video/audio tape record every stop they make to protect both the police and citizens from abuse. Laws are designed to protect the public.

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
09:25 PM on 05/14/2010
I see the illegals blatantly tell us Americans that they have the same rights that we have & they are entitled to live here. The illegals have gotten so brazen that they don't even fear possible deportation. Shouldn't they be in fear everyday that they are ILLEGALLY in this country? Where did they get their sense of entitlement from? Last I saw, this is the United States and the US Constitution only applies to US citizens. Some of the fault lies in our politicians. They pander to them & seem to have forgotten about the REAL American citizens. Whose country is it, theirs or ours?? Political correctness has also gotten way out of hand where everyone is afraid to say anything against illegal immigration for fear they will be called a racist by the activists. You are not a racist because you believe in enforcing the law, I believe in enforcing ALL laws, we don't pick & choose which laws to obey. The media has lied about it. The law states, "lawful stop, detention or arrest” & “may not consider race, color or national origin"  All states except 4 require you show legal residency in order to get a driver’s license so that’s all you need. I am not against immigration, I am against ILLEGAL immigration. I was raised to obey the law, everyday that an illegal is here they are breaking the law. We cannot continue to support these people, here in CA illegals cost our government over $10 billion a year.
12:13 PM on 05/14/2010
NOT ONLY IS ARIZONA AFFECTING ILLEGAL IMIGRANTS WITH THI LAW. ALSO ITS ECONOMY FOR EXAMPLE THE WORKERS IN FARMS A GREAT PERCENT OF THEM ARE ILLEGAL, THAT OULD AFFECT PRODUCTION. BUT NOT ONLY ARE THEY WORKING THEY ALSO ARE CONSUMERS THEY PAY TAXES AND EVERYTHING SO ARIZONA IS AFFECTING ITS SELF TOO!
10:16 AM on 05/04/2010
We should treat immigrants like Mexico does:

At present, Article 67 of Mexico's Population Law says, "Authorities, whether federal, state or municipal ... are required to demand that foreigners prove their legal presence in the country, before attending to any issues."

That would simplify things.
07:53 PM on 05/13/2010
So how do you tell who's a foreigner and who's a citizen? The fact is that what you suggest is really no different that what Arizona is doing: it would result in harassment of American citizens for the "crime" of "looking Mexican".
12:32 PM on 05/19/2010
What a stretch! You go from "how do you tell who's a foreigner", to it being a crime to look like a Mexican. Too bad that ALL the illegals are Mexican - blame them for that. The bill clearly states that there is to be no contact unless there is reasonable suspicion that a law has been broke. Sounds like most other laws to me.

I suppose that you have not read the bill. I have, and I can tell you that, not only is this article incorrect in its depiction that the bill is vague and broad. It mimics Federal law and states clearly that it will not interfere with Federal law.
09:43 AM on 05/03/2010
Hello my friend and fellow latino's.
I am writing in content of the Senate Bill 1070 Immigration Reform of State of Arizona. The hearth of the bill is stated clearly not to discriminate but to uphold a State Law that was recently passed to control the environment the Citizens and Residents of the State of Arizona. At least, one million of citizens and immigrants misinterpreted and misconstrued the meaning of the legislative intent of the Senate Bill 1070.

The bill is not intended to harrass or discriminate but to assure that all immigrants are legal in such State and their documents are in order. Reasonable Suspicion, what does it really say, you may put it out of proportion because you really don't understand the meaning of reasonable suspicion and its purpose. All it is that if an law enforcement officer notices any suspicion of a crime being committed by an illegal alien or a citizen may have to produce identification to avoid any arrest. Even Americans need to carry identification and if a officer of the law ask to produce an ID we all must produce identification otherwise, we may be detained until our identity is verified. This is what SB 1070 is.

Immigration laws were enacted long time ago to enforce entry of immigrants to the United States and Immigration laws has been repealed, nurtured and reformed to meet better guidelines that does not discriminate against any human faction.

Peace. :)
07:57 PM on 05/13/2010
You are, quite simply, wrong.

It may say it's not to discriminate, but the Jim Crow laws about literacy tests and poll taxes said nothing about race either. The fact remains that they were implemented (and INTENDED to be implemented) in a racist manner. Just as those laws were meant to prevent non-whites from voting, this law is meant to harass non-whites (regardless of legal status) in the hopes of driving them out of the state. White racists in Arizona see that they'll be the minority before long, and they desperately want to prevent that from happening.
03:47 AM on 05/18/2010
What planet do you live on? The people that live there legally will have documentation to prove that. The only ones that have to worry are the ones that live there illegally. Americans are sick of parasites sneaking into this country and slowly bleeding us and our children dry. You have it wrong we do not mean to drive you from the state but we mean to drive you from this Country if you are here illegally if Obama does not have the stones to do do it then we will elect a leader that does. Your welfare is the responsibility of your Country not this one.
03:36 AM on 05/17/2010
It amazes me how mentally blind some people are. S.B. 1070 is not about sending Mexicans back to Mexico. The law is only referring to people (all races) that are breaking US immigration laws; that’s it! This give Law Enforcers of this state or a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.
It also amazes me how can those from http://immigration.civiltalks.com/ think so different.HUH...
07:17 PM on 05/02/2010
When this law is found to be constitional will you be filing i big, it must be me who is if not a racist at best a liar. Can you show us where it says/implies a person can be stopped because of their skin color, or in your reference to the natzies that neighbors are being encourged to turn in their neighbors?
09:50 AM on 05/03/2010
Hello gardic,
You are correct the SB 1070 does not say how the illegals are being or to be discriminated. It only states that under reasonable suspicion an officer of a law enforcement agency can stop a person to produce identification nothing else. But thats under reasonable suspicion meaning does this person look suspicious as to commit a State crime? This is what is all about taking it out of proportion.
Legislative intent stated to cease all immigrants that passes a barrier between Mexican border to the United States border of illegal entry into the United States and unlawfully enter into the State of Arizona illegally and upon reasonable suspicion of such illegal entry to the State of Arizona a Law Enforcement Officer can and will cease movement of such person to produce and verify identification. Peace.
08:13 PM on 05/12/2010
Nope - that's not what the law says - it's very specific that an officer cannot stop someone simply to produce identification - they must stop them for something unlawful, and during the course of the stop, if they have suspicion that they might not be legally in the country, they must ask for proper identification.
10:28 PM on 04/30/2010
I'm a hispanic and I don't feel discriminated against for having to show identification...I've lived in AZ (south phoenix) all my life and have seen first hand how illegals abuse the system. I am looked down upon by illegals because I don't speak much spanish. There's been times where I wanted to order lunch and the person taking my order didn't speak english and just stared at me inpatiently as if I was dumb....my son graduated from AZ AUTOMOTIVE INSTITUE and was refused a mechanic job because he did speak spanish. My place of employment hires mexicans who have their visa, but don't speak english, I find myself making an effort to communicate with them but I'm tired of it. Shouldn't they make the same effort? This isn't about freedom, its about illegals coming to our country the legal way...its about learning a little about our constitution, government and laws...I'm proud to be american and I'm tired of being discriminated against by illegals.
09:55 AM on 05/03/2010
Hello j-rivera,
I am glad that you don't feel discriminated in any way with the SB 1070. All it does is reinforce immigration law that Former President Bush failed to do at State level. Otherwise, the new bill will enforce immigration laws in the State of Arizona. Every State may deem it proper at their State level, but I do understand the problem that is occurring in Arizona and how Tent City are not being overpopulated because of illegals entering into this Country and commit crimes such as violating the local and State laws of Arizona. Thanks for your comment. Peace.
08:00 PM on 05/13/2010
Will you still find this law acceptable when you get pulled over daily for driving while Hispanic?
01:09 AM on 05/14/2010
RedXIV, SB 1070 does not allow anyone to pull a person over based on what they look like. You should read it.
01:23 PM on 04/30/2010
Comparing the SB1070 to Nazi Germany is quite uneducated. If I do recall 9th grade history accurately, if the person was unable to produce "their papers" they were loaded into a train and sent to the gas chamber. I read the bill and failed to note anywhere that the punishment to an illegal would be to burn their family alive.Or perhaps I missed the section that gave authority to the police to do strange experiments on the illegals and then murder their new borns. Further, this comparison is rather disrespectful to anyone whose family history includes the atrocities committed by the "real" Nazis.
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Pherdnut
What a useless Micro-Bio!
11:07 PM on 05/01/2010
http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2007/winter/the-teflon-nativists

These jokers helped write the bill. Educate yourself.
12:38 PM on 05/19/2010
Where did you come up with this nonsense? The bill mimics Federal law. California has a very similar law and has had for years.
01:12 PM on 04/28/2010
What a joke! Assuming you have ever been pulled over for a traffic law violation, I hope you are just as upset that a police officer asked you for your license and I hope you refused to produce your license. You obviously have not READ the bill. All SB 1070 requires is a valid identification...nothing more than the law requires during a traffic stop. As for the right helping you, we see illegal aliens infringing on OUR rights, wallets and safety. We are Americans first and do not purport to protect illegal aliens, so no, Tea Party activists are not interested in helping you.

I suggest you leave Jersey and come see what life is like in Arizona and California today. I had to take my son to the ER recently. During this visit I had to produce ID and all sorts of documentation and later received a bill from the hospital. The illegals that packed the lobby...that slowed the treatment of my son...DID NOT have to produce an ID and DID NOT get a bill. If I was injured in Mexico I would not be treated without paying in advance of treatment...even for serious injuries. Americans have died for lack of treatment in auto accidents in Baja.

Your real frustration is that similar legislation could pass in other states, so you and the left are in essence crying wolf. If the feds had done their job this bill would never have been required.

David
12:53 AM on 04/29/2010
Really, but the difference between being pulled over for a traffic stop, and SB1070, is that now the police can pull you over, because they feel like it and check that license.

The police can now catch you running, and make sure you have your ID.

The police can now stop you in any public place, at a sports game, out for dinner with your family, just to verify everyone is a citizen.

This bill is far more than a violation of immigrants, it's a violation of the Constitution of the United States and I have not seen one Tea-Party Rally to fight it.
10:04 AM on 05/03/2010
Hello Michael,
I am sorry to say that you have a misinterpretation of hte Senate Bill 1070. Prior to the bill, police usually stop all vehicle coming from New York to New Jersey or better yet Virginia waiting to pull you over for no erason because of the New York Plates. This is what you call a State that knows New York drivers disobey traffic rules and devices and driver over the speed limit. SB 1070 is nothing more than securing a State and nation to ensure everyone is safe, a citizen, a legal resident of the State and not a terrorist that enter into the Country illegally to evade State and Constitutional Laws and to commit crime. Take off the blinders, sit back and really see how SB 1070 will protect State of Arizona. Sorry to say SB 1070 is constitutional.
05:05 PM on 05/04/2010
No, Police cannot pull you over just to check your I.D. The bill spells out when law enforcement can check I.D. Had you actually read the bill instead of jumping in with uninformed hyperbole, you'd know this.Actually, it is a pretty brilliantly crafted piece of legislation, for to challenge it on constitutional grounds brings to fore the constitutionality of current immigration law. It just may force the Federal Government to actually do something as the current situation leaves no one happy.No, I'm not for the bill, and neither am I against it. What I am against is those who are for or against something and have no idea what they are talking about. I wish they'd all take the time to actually read it.
02:52 PM on 04/27/2010
Dear White Folk of Arizona,

As a fellow white person living in this state I would like to point out my frustration regarding the new immigration legislation SB1070. As it was pointed out to me by an individual who is much smarter than I, handing over power of this nature to any sort of law enforcement is a terrible and harmful idea. SB1070 does in fact give such power to our police force. A law of this nature sets a precedent for future legislation that carries weight no person should have to carry. The fact that we are white and will unlikely be questioned or asked about our identification is a luxury. What we are failing to see is how this precedent will eventually impact our own lives. Whether it is eavesdropping on our phone calls or emails (read the Patriot Act) or a National ID card that trails your every move, this act opens those doors to invasion of our privacy and ultimately a loss of individual freedom.

I would like to challenge all white people to stand up against SB1070 because it is unjust and infringes on the very freedom that we as a nation were founded upon. It saddens me to see very little white resistance and I’m afraid our resistance will only come when the hour is late and our necks are on the line.

Sincerely,



MSliwa
08:55 PM on 04/30/2010
"First they came for the Socialists, and I did not speak out --
Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out --
Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out --
Because I was not a Jew.

Then they came for me -- and there was no one left to speak for me."

-Martin Niemöller

There are variations of this quotation primarily due to the fact most of Niemöller's speeches were given spur of the moment, but the point is clear...and definitely pertinent in the case of SB1070.

Sincerely,

An embarrassed Arizonan
05:14 PM on 05/08/2010
Simple question:

What happens if someone jumps the fence and wanders around a gated community without an ID? I am sure a resident of the community calls the cops saying someone that doesn't look like they belong here is roaming the streets. The cops arrive. They would ask the wanderer a few questions. And since the wanderer does not have a valid reason for being inside the gated community, the cops would escort them out, wouldn't they? Isn't a country, like the USA, a "gated community", too?
04:09 AM on 05/18/2010
Why would you be embarrassed? Does it bother you that people who reside in your State and receive your tax dollars, that is if you work, may have to have an ID like every one else. These people will not be bothered unless they are here illegally. Illegal immigration is costing this Country millions of dollars. You should be embarrassed that you have a president that will not enforce his States laws.
01:53 AM on 05/05/2010
News flash for you. PLEASE take it upon yourself to READ the bill as written.All it does is allow Arizona law enforcement to assist in enforcing EXISTING FEDERAL LAW. Where was your voice when that was crafted?Where was your voice when the Patriot Act was passed?An informed voting public is the best thing we've got going for us, and I encourage everyone to attempt to become a part of that. Sorry, but it is already a federal law that any alien visiting or working in this country must carry documentation at all times.Arizona didn't make that up on their own. You yourself are lawfully required to carry a drivers license when operating a motor vehicle.There are many situations where you have to show I.D. Again, I must reiterate that all this bill does is require Arizona law enforcement to assist in enforcing EXISTING Federal Law. Looks like Big Brother has already snuck up on you, and you didn't notice.
05:18 AM on 05/23/2010
Actually, the bill goes way beyond existing federal law by allowing US Citizens and legal aliens to be detained for not having their papers on them at all times. Check section 2E of the bill, which allows for warrantless arrest. That's right, warrantless arrest.
06:11 PM on 04/26/2010
Is the article debating the idea of deporting illegal immigrants or the possibility of citizens who fit the "illegal alien" stereotype being asked to show papers? It is already a federal law that documentation must be shown at all times. If American's visit another country we must carry our passport with us at all times. Even as American citizens when driving we are required to have a driver's license. This law does not give authorities the right to pull over anyone they want and detain them. If an officer pulls someone over and asks for their drivers license and registration as they normally do and the person cannot provide any of this then that would be probable cause to ask for legal documentation. Could this be exploited? Yes! Was it designed to make racial profiling easier, no. This law was designed to prevent cities from harboring illegal immigrants. The real issue should be making it easier for people to legally immigrate into the country. It is a long and expensive process and rewarding people who are here illegally is not fair to those who try and do it the right way.
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Pherdnut
What a useless Micro-Bio!
11:10 PM on 05/01/2010
It is not a law that all people have to show documentation at any time for no reason. Please point out the drugs you purchased that helped you hallucinate this information.