Why Polls May Reflect Bias More Than the Law...

Law Professor Sherrilyn Ifill, University of Maryland, recently cogently reflected:



This new habit of "polling" in place of a focus on legality has become a dangerous habit. If a nationwide poll were conducted in 1953, no doubt a majority of Americans would have supported segregated schools. It's doubtful that many of the provisions of our Bill of Rights would survive an up or down vote in most of the country. That's why we have a Constitution - something that can survive the prejudices, exigencies and ignorance of the day and set the parameters of legality for our country.

Polls like this are irrelevant to the question of whether the Arizona immigration law (and Arizona's latest attack on ethnic studies) is legal or even whether it's offensive to minorities. I shudder to think where this country would be if questions of civil rights and constitutional legality were decided by public opinion poll. This poll only shows how far off the grid many Americans are when they think that a president who advances health care reform is "shredding the Constitution," but have no problem with a state law that gives law enforcement officers blanket discretion to stop individuals anywhere and demand proof of legitimacy.

A New Era of Nativism....

Please take a look at a recent television ad that evidently over-confidently targets immigrant and non-native English speakers:




As the above ad demonstrates, it seems the anti-immigrant lobby is feeling empowered. Perhaps it is long overdue for the Latina/o community as well as other members of this society to express their views at the ballot box? Much like the very first post on the blog, now is the moment for the silent majority, along with the largest minority group in this country, to proclaim "Basta Ya." In other words, to proudly state "enough already" and respond to hateful laws such as Arizona's SB 1070with our voices, votes, and pocketbooks. We must be prepared to quickly respond when we witness bold anti-immigrant statements such as the one above. We must use the rights this great land provides us and challenge narrow-minded and hateful rhetoric. This great land has benefited much by the promise of the beautiful and welcoming words of THE NEW COLOSSUS by Emma Lazarus, which are embedded on the Statute of Liberty.

The powerful words are reprinted here to remind us of the promise of this land and not the hate we all-too-often hear:

Not like the brazen giant of Greek fame,

With conquering limbs astride from land to land;

Here at our sea-washed, sunset gates shall stand

A mighty woman with a torch, whose flame

Is the imprisoned lightning, and her name

Mother of Exiles. From her beacon-hand

Glows world-wide welcome; her mild eyes command

The air-bridged harbor that twin cities frame.

"Keep ancient lands, your storied pomp!" cries she

With silent lips. "Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!"

Instead, these new nativists, obviously sons and daughters of immigrants, must be shamed here and elsewhere, and eventually voted out. We must exclaim "Presente," asserting "we are present, we write (indeed, many of us are prolific), we vote, and we control significant economic power. We must not continue to live in shame or with mistreatment. We will no longer be made to feel like outsiders in our own homes. I applaud the attorneys, activists, students, and other like-minded souls that are not-so-quietly creating a civil rights revolution of this era. No matter how much the nativists try, their math simply doesn't add up. Let's continue to be heard in Alabama, Arizona, and everywhere else.

The Litigation Coalition Against SB 1070 Emerges

In an impressive showing of litigation strength, the nation's leading civil rights organizations filed a legal action seeking to strike down SB 1070--the Arizona immigration law--as unconstitutional. (Nicholas Riccardi, Civil Rights Groups Sue to Stop Arizona's Immigration Law, Los Angeles Times, May 17, 2010). The litigators include the Mexican-American Legal Defense and Educational Fund, the National Association for the Advancement of Colored People, The Asian Pacific American Legal Center and the American Civil Liberties Union. The lawsuit alleges that the new immigration statute will necessarily involve racial profiling and is unconstitutional on a number of grounds.

The Brains Behind Arizona's SB 1070....

By Stephen Lemons, Phoenix New Times, Sunday, May. 16 2010 @ 12:04PM


In an effort to un-muddle the debate around SB 1070, Dan Nowicki's article in this Sunday's Arizona Republic further muddles it when he quotes the law's author, nativist attorney Kris Kobach, in a section titled "papers, please."
Kobach -- the guy being paid $300 per hour to tutor Sheriff Joe Arpaio's boys in beige in immigration law -- once again offers the shibboleth that SB 1070 simply "mirrors" federal law, citing the federal requirement that all registered (read, "legal") aliens carry with them their alien registration documents.

Now, if this was all the law did, Kobach might have a point. But of course the law is far broader than that, and it forces local cops to enforce federal immigration law, contrary to the plenary power the federal government has over immigration via the U.S. Constitution.
"Arizona's law, which makes it a state crime for immigrants to be without certain documents, mirrors a federal requirement that has been around since the Alien Registration Act of 1940, said Kris Kobach, a law professor at the University of Missouri-Kansas City School of Law who helped write the Arizona law.
"Moreover, Arizona's law does not require U.S. citizens to carry an Arizona driver's license or any other papers, he said."
This last line is particularly deceptive. If during any police investigation, a cop has "reasonable suspicion" to think you're in the country illegally, he or she can presume you're an undocumented alien unless you provide one of several forms of ID.
Indeed, SB 1070 plainly states:
A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:
1. A VALID ARIZONA DRIVER LICENSE.
2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL IDENTIFICATION.
4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT ISSUED IDENTIFICATION.
Subsequently, even U.S. citizens could be held until someone from Immigration and Customs Enforcement is called to sort them out.
Keep in mind that a cop can stop someone and begin the process during the "enforcement of any other law or ordinance of a county, city or town or this state." That's so broad as to include weed abatement and barking dogs.
(I should mention that none of this claptrap is "mirrored" in federal law, nor are the provisions dealing with day laborers and traffic, nor -- more importantly -- is allowing a state the privilege of writing its own immigration statutes.)
If there's a crime or ordinance being broken nearby where you are, and a cop stops you to question you about it, it opens the door for this process to begin.
Even if you are a U.S. citizen, you will be presumed to be an alien "unlawfully present" unless you have one of the above stated IDs -- assuming a cop has "reasonable suspicion" to think you're undocumented.
Kobach and his pawns in the state legislature later changed the law, which originally stated that a cop cannot "solely consider race, color or national origin." They've since taken the "solely" out, and they claim this means there will be no racial profiling.
This is highly disingenuous to say the least, when the "intent" of the law is to make "attrition through enforcement" the policy of the state. As the nativist Center for Immigration Studies has defined this loaded term, it means making life so difficult for illegal immigrants that they will self-deport.
Since the vast majority of Arizona's estimated 500,000 unauthorized aliens are from Mexico or Central America, it is reasonable to conclude that Latinos in Arizona will bear the brunt of police scrutiny.
So when someone slaps the "ethnic cleansing" label on the law, a label Nowicki is uncomfortable with, they are essentially correct.

And the Earth Trembled—Fifth Largest Earthquake in Puerto Rico’s History Strikes Like a Thief in the Night and Raises Issues of Our Collective Purpose

Silently, quietly, early Sunday morning when party goers were still partying, and the more pious were sleeping, an earthquake struck in the rural town of Moca, which is a mere 60 miles west of San Juan. The powerful tremors were felt throughout the island of Puerto Rico. The vibrations were felt as far as the Dominican Republic and the Virgin Islands. The earthquake measured approximately 5.6 on the Richter scale, according to U.S. Geological Survey. The earthquake occurred very deep below the surface of the earth, approximately 70.2 miles below the surface of the earth. As a result, the effects of the earthquake were limited. The earthquake forced people out of their homes to seek safety, and resulted in a tsunami warning to be raised in the region. Surprisingly although there were many confused, panicked, and injured individuals, there were no casualties. However, various structures throughout the island have been damaged. The estimated cost is quickly tallying into the millions of millions. A phone video interview with a Puerto Rican resident and a Telemundo affiliate station, describing the earthquake event almost in real time as the earthquake was occurring is available here.

This earthquake is the latest in a string of world-wide earthquakes. There have been several earthquakes in Baja California, Latin America and the Caribbean. Despite the fact that there have been serious earthquakes this year, experts say that seismic activity is normal and not cause for alarm. However, several have commented that the earthquakes began to occur after the movie 2012 was released and the prophetic Mayan calendar that the end of the Fourth Cycle of Life will end in December 2012, became part of the popular culture of our time. The idea that we are living in the last days before the “end of the world” has begun to create a sense of panic for many, as we try to make sense of the recent natural disasters, and our place in the universe. It has also to so some extent, created a spiritual rebirth, a reconnection with a higher source, and higher sense of purpose. I suppose natural catastrophes, random "Acts of God," if you will, that shake us to our very core, can call in to question our own mortality, and our role in history.


Historically, Puerto Rico has not experienced many earthquakes. Jose Molinelli Freytes, in his book entitled "Terremoto," wrote that only four strong earthquakes have affected Puerto Rico since the beginning of its colonization by Spain through today. The last earthquake occurred on October 11, 1918. The epicenter was located northwest of Aguadilla in the Mona Canyon (between Puerto Rico and the Dominican Republic). The 1918 earthquake had an approximate magnitude of 7.5 on the Richter scale and was accompanied by a tsunami which was approximately 19.5 feet high. Damage was concentrated in the western area of the Island because this was the closest zone to the earthquake. The earthquake killed about 116people and caused more than 4 million dollars of damage. Numerous houses, factories, public buildings, chimneys, bridges and other structures suffered severe damage.

On November 18, 1867, 20 days after the Puerto Rico was devastated by Hurricane San Narciso, a strong earthquake occurred with an approximate magnitude of 7.5 on the Richter Scale. The epicenter was located in the Anegada Passage, between Puerto Rico and St. Croix, Virgin Islands. The earthquake produced a tsunami that rushed inland into the island approximately 490 feet in the low parts of the coast of Yabucoa.

Arguably the most severe earthquake that has affected Puerto Rico occurred on May 2, 1787. The 1787 earthquake was felt strongly throughout the Island, and may have been as large as magnitude 8.0 on the Richter Scale. Its epicenter was possibly to the north, in the Puerto Rico Trench. The earthquake was felt very strongly all across the Island. It demolished the Arecibo church along with the El Rosario, the La Concepcion monasteries, and damaged the churches at Bayamon, Toa Baja and Mayaguez. It also caused considerable damage to the castles of San Felipe del Morro and San Cristobal, breaking cisterns, walls and guard houses. The fourth strong earthquake, whose magnitude has not been determined, occurred in 1670, significantly affecting the area of San German District.

Some commentators believe that the wave of recent earthquake activity this past year starting with the devastating earthquake which struck Haiti, and followed by the subsequent earthquakes that struck Guatemala, Chile, Los Angeles, China, Greenland, Japan, Indonesia, South Africa, Fiji Islands, Oregon Coast, Iran, Algeria, India, and now Puerto Rico is a sign of catastrophic natural disasters to come. Christa von Hillebrandt, Tsunami Warning Program director, stated that “[W]hat happened today is just a sign of activity on faults in the region of Puerto Rico. The earth is saying I’m alive and I’m moving.” Perhaps we should be re-thinking our impact on the earth's fragile equilibrium. More careful analysis of issues that have not been viewed as popular or important such as climate change, oil exploration in the oceans, testing of nuclear weapons in the Pacific Ocean, clean drinking water, breathable air, deforestation et cetera. The delicate "circle of life" of which we are all apart needs immediate attention, care, and protection. Perhaps that is our higher purpose in the earth's history.

Lydie Nadia Cabrera Pierre-Louis

The Treaty of Guadalupe Hidalgo and Arizona

With much thanks to Professor George Martinez’s urging and reminder, his post on international law also brings to mind the Treaty of Guadalupe Hidalgo, its linkages to Arizona and the Governor of Arizona’s oath of office.

As an international peace agreement the Treaty of Guadalupe Hidalgo terminated the United States war against Mexico in 1848.[i] Aside from the innumerable treaties signed between Indian nations and the United States, the Treaty of Guadalupe Hidalgo is the only treaty specific to individuals of Mexican, Indian and Spanish descent. Accordingly the Treaty of Guadalupe Hidalgo encompasses the United States formally establishing a legal relationship with them including protection of the Black Mexican citizens who also resided in the former Mexican territories.

The Treaty remains a living document into the present with the United States Constitution declaring all treaties not unlike federal law as “the supreme Law of the Land.” Comprised of several covenants the Treaty promised to those remaining in the annexed territories inter alia the right to the protection of their property interests, the right to all the protections of the United States Constitution, with yet additional covenants expediting the termination of the war.[ii] In sum, the Treaty comprises a contractual agreement between the two nations with the Supremacy Clause of the United States Constitution directing judges to effectuate the Treaty’s promises.[iii]

The Governor of Arizona migrated to the State in 1970 and thus it is unknown whether her education ever included the study of the Treaty of Guadalupe Hidalgo and the Indigenous Nations that have resided in the Arizona region since time immemorial.[iv] Out of respect and just in case, this post as a basic educational tool serves to remind supporters of SB 1070 and those seeking to wipe out Arizona’s multi-ethnic and multi-cultural history that the Treaty of Guadalupe Hidalgo also applies to Arizona.[v]

Even more specifically, if the State’s oath of office for Governors is typical of the oaths of office applicable to other states and holders of public offices, the present Governor has sworn to uphold the United States Constitution. Curiously, even if giving the Governor the benefit of the doubt, the signing of SB 1070 and elimination of ethnic studies in the State breaches the supremacy clause of the United States Constitution. Perhaps it will ultimately be announced that it was all an “unintentional breach” of the oath of office?

For those that were not fortunate enough to study the Treaty of Guadalupe Hidalgo— and here the author offers mil gracias to the Department of Chicano Studies at the University of Minnesota for her education of the Treaty— the document also provides an answer to the dilemma of the present. Article XXI as contractually signed by both the United States and the Republic of Mexico boldly states in part:

If unhappily any disagreement should hereafter arise between the Governments of the two Republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relationships of the two Nations, the said Governments, in the name of those Nations, do promise to each other, that they will endeavour in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship, in which the two countries are now placing themselves: using, for this end, mutual representations and pacific negotiations.”

Article XXI also declares that the nations “. . . shall have maturely considered, in the spirit of peace and good neighbourship. . .” a resolution.

In contrast the restrictionist legislation of the present is generating a firestorm of boycotts with much harm and injury to the State and its constituents that could also prove irreparable long into the future. While the Treaty addresses a relationship between the two nations, perhaps Arizona's narrow approach to the complexities of migration to the State will facilitate the Treaty's application in the present.

---

[i]Treaty of Peace, Friendship, Limits, and Settlement with the United States of America and the Republic of Mexico, Feb. 2, 1848, U.S.-Mexico. 9 Stat. 922.

[ii]The Treaty also contains some racist language as to Indians not assimilated within its territories but it is beyond the limitations of this post. See Article XI of the Treaty.

[iii]U.S. Const. art, VI, cl 2.

[iv]The breach of particular covenants fall outside the limitations of this post.

[v]Arizona is also tethered to the Gadsden Purchase.

The Rule of (International) Law and Arizona

Can Arizona escape the reach of international law? In a statement issued from Geneva, Switzerland, United Nations human rights experts questioned whether Arizona's new immigration statute -- SB 1070 -- and other recent Arizona legislation targeting ethnic studies programs are in compliance with international human rights treaties, which the United States has entered into. (Independent Human Rights Experts Speak Out Against Arizona Immigration Law, UN News Centre, May 11, 2010). These treaties outlaw racial discrimination and give people the right to knowledge about one's culture. The experts warned that SB 1070 could lead to racial profiling and that the legislation dealing with ethnic studies programs could undermine the right to learn about one's culture. The experts characterized the new Arizona legislative scheme as a "disturbing pattern of legislative activity hostile to ethnic minorities and immigrants." (Id.)