Immigration Policy Center Q&A Guide To SB 1070

It deserves some revisiting, because the IPC has backed up almost every single point I made in my post addressing AZ SB 1070. The professionals at the IPC have redoubled my words minus the flowery injections of mine.

Determining whether or not someone is in the country unlawfully is not as simple as checking a database. Under the civil immigration system, most people are entitled to appear before an immigration judge before they are officially determined to be here illegally and in the process they have the right to challenge that determination, apply for relief from removal (such as asylum), and have their day in court. The Arizona law circumvents that process, potentially punishing people for being here illegally based solely on the determination of a state law enforcement officer or a federal agency before a full determination has been made.

In a strange contrast Judge Andrew Napolitano, Senior Judaical Adviser Fox News, repeats my case that the very first measure of unconstitutionality to the SB 1070 bill will defeat it in the courts before every single measure of unconstitutionality is unpacked the way it was when I last wrote on this topic.

Immigration policy is the express business of the federal government, not the states. No state is able to set new immigration policy, let alone a bill this vague is nothing but a racist witch hunt designed to destroy all civil liberties. In my legal understanding, all the explorations beyond the point that proposals for immigration policy are not handled by the states are merely intellectual exercises.

SB 1070 fails every constitutional test, but the real tragedy here is the lie that supporting this bill is anything but akin to supporting racism via racial profiling. It’s not.

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Arizona Protest Images & Immigration Cartoons

Protests were held in Tucson, and Phoenix, Arizona against the racial profiling law (known as “AZ SB 1070” which is the acronym of Arizona Senate Bill 1070) that was vomited up thanks to the incompetent Governor Jan Brewer and the group knows as “FAIR” that maintains multiple ties to racist elements.

(AP Photo/Ross D. Franklin)

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These are  some political cartoons on the topic of immigration, all of these images coming mainly from a 1.5 million member Facebook group that formed as “1 MILLION Strong Against AZ SB 1070” and now has outgrown its title.

MLA: Open Letter to Arizona Governor

At its May 2010 meeting, the Executive Council approved the following open letter to Governor Jan Brewer of Arizona.

Dear Governor Brewer,

We write regarding legislative and policy initiatives in the State of Arizona that concern us as teachers and scholars of language and literature. You have recently signed legislation (SB 1070) that may place nonnative speakers of English and speakers of other languages in legal jeopardy. In addition, we understand that the Arizona Department of Education has decided to bar teachers from teaching English if they speak English with an accent. Furthermore, you have signed legislation (HB 2281) critical of ethnic studies curricula.

These actions raise several concerns regarding education and language, topics at the heart of the mission of the Modern Language Association of America (MLA). We urge you to keep the following in mind as the State of Arizona pursues its education policy:

(1) There is no rational basis for making language ability an indicator of an individual’s citizenship or residency status. This is especially the case in the United States, where many different languages are spoken on a daily basis. The MLA documents this diversity of language speakers in the United States with its Language Map (http://www.mla.org/map_main), which we urge you to consult. Many native as well as immigrant populations use languages other than English, and English language fluency is, of course, hardly restricted to the United States: a speaker of English is not necessarily a United States citizen or legal resident.

(2) Native and nonnative speakers alike always display considerable variation in accent. This fact holds for speakers of American English—compare accents from the Northeast with those from the Southwest—as well as for speakers of other languages. Indeed, there is no unaccented English. There are only speakers with different accents. It therefore makes little sense to bar individuals from teaching because they “have an accent,” since accent is always unavoidable. Efforts to exclude individuals on the basis of accent will likely be arbitrary and discriminatory. The recruitment and retention of effective teachers should not be impeded by concerns that are irrelevant to the important goal of facilitating student learning.

(3) For several decades, ethnic studies curricula have provided important gateways for students to learn about the diversity of heritages in the United States, a key educational goal of the liberal arts education that is the bedrock of American higher education. The field has developed sophisticated pedagogies that stretch across the humanities and the social sciences, providing significant insights into American history and society. Students in ethnic studies classes gain an appreciation for a wealth of cultural expression in literature and the arts and a recognition of the multiple traditions that have found a home in our nation. Policies that curtail this vision will weaken the quality of education, thereby depriving students of key learning opportunities as they move on to higher education institutions.

Because citizens of the United States speak many different languages in addition to English, because every speaker of every language has an accent, and because ethnic studies is important to contemporary American education, we urge you to work toward reversing the policy decisions we cited at the beginning of this letter.

The MLA would be delighted to cooperate with you to formulate educational and language policies that are based on sound research and scholarship and that reflect the state of the art in contemporary American education.

Telemundo: Mentally Disabled American Deported

These are the kinds of incidents we can expect more of under the unconstitutional Arizona immigration power-grab and racial profiling law.

TelemundoChicago.com:

LOS ANGELES — The family of a mentally disabled man claims that the federal and local governments mistakenly had an American citizen deported and said U.S. officials should help find him in Mexico.

Relatives of Pedro Guzman, 29, are suing the Department of Homeland Security and the Los Angeles County Sheriff’s Department in Los Angeles federal court.

The American Civil Liberties Union filed suit this week over what the civil rights group contends was the wrongful deportation of a developmentally disabled man.

Pedro Guzman was serving time in Los Angeles County’s Men’s Central Jail for misdemeanor trespassing when he was deported to Tijuana on May 10 or May 11, according to the ACLU. The family said they’ve been looking for their loved one in Tijuana for a month. Michael Guzman said his worst fear is that his brother is “no longer living.”

He said Michael can’t read, gets lost and often can’t remember the family phone number.

The suit said Pedro Guzman was sentenced in April to 120 days in jail for a misdemeanor trespassing violation. The suit said that sometime after that the Sheriff’s Department identified him as a non-citizen, obtained his signature for voluntary removal from the United States and turned him over to federal authorities for deportation.

Guzman, who knows no one in Tijuana, was last heard from on May 11, when he phoned his brother and sister-in-law’s home to say he had been deported to that city, but the call was interrupted before he could say exactly where he was, according to the ACLU.

Guzman’s mother, brother and sister-in-law traveled to Tijuana and searched shelters, jails, churches, hospitals and morgues, but have not found him and fear for his safety, ACLU officials said.

“This is a recurring nightmare for every person of color of immigrant roots,”

Mark Rosenbaum, the legal director of the ACLU’s Southern California branch, said in a statement.

There are no circumstances under which a U.S. citizen can legally be deported.

Cities in Support of Boycotting Arizona

Many U.S. cities across this nation have taken a respectable stance against the state of Arizona for its “immigration law.”

Austin, TX became the latest in a growing list of cities that are boycotting Arizona in some capacity to protest the law, which makes it a state crime to be in the country illegally and requires local law enforcement to ask for documentation from people they suspect are in the country illegally.

A List of Great Cities in Support of Boycotting Arizona (or are considering to boycott AZ and its so-called immigration law):


Los Angeles, CA


San Francisco, CA

Madison, WI

Austin, TX

West Hollywood, CA

Boston, MA

Oakland, CA

El Paso, TX

St. Paul, MN

Springfield, MA

Worcester, MA

Washington D.C.

Milwaukee, WI

Chicago, IL

NYC, NY

Boulder, CO

St. Paul, MN

Tacoma, WA

Lawrence, MA

Amherst, MA

Sacramento, CA

Baldwin Park, CA

South el Monte, CA

Santa Cruz, CA

And the list continues to grow!

Arizona Expresses Their Racism

Eleanor Roosevelt with the Spanish version of the Universal Declaration of Human Rights.

The Arizona Senate and Arizona Governor Jan Brewer have passed an unconstitutional and pro-racial profiling law that has sparked intense debate across the nation over the issue of illegal immigration.

The law was written to pander to racist elements in the Republican Party and on the political right-wing. It does nothing to solve the problem, and creates a police-state devoid of civil liberties.

It is nothing more than lies that the federal government has done nothing about the issue, thereby making Arizona justified to pass an unconstitutional and immoral law.

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.

Revisions to the AZ SB 1070 have changed “lawful contact” to “lawful stop, detention, or arrest” which changes nothing.

A “lawful stop” and a “lawful contact” is the same thing. These revisions are a waste of the nation’s time. Until the law is abolished utterly there is nothing but racism and fascist tyranny being brought forth by Arizona.

This law violates the U.S. Constitution, requires that police officers engage in racial profiling (which is illegal), opens the door to endless lawsuits that will bankrupt the state, and validates the racist lies of immoral monsters in regards to undocumented workers.

I stand proud with the Boycott AZ movement. Those who love freedom and love American values must boycott all Arizona tourism and encourage a complete cancellation of all events and meetings held within the state until the governor and the state senate abolish this draconian law.

I also support the notion of Major League Baseball pulling out of the Phoenix All Star Game unless the state wishes to return to morality and constitutional enactment of laws.

The U.S. Constitution protects persons, not just citizens. The right to be secure in your person, and not be subject to this “show me your papers” fascistic law is a foundation of our country’s values.

These people spouting racism and excitedly endorsing this Arizona law are not Americans, in my view. They are the most disgusting and vile element of our society who hold no love for freedom, truth, or liberty.