Top Stories Wichita

Archive for the ‘Immigration’ Category

The NAACP in coalition with other civil rights groups filed a class action lawsuit today challenging Arizona’s new law requiring police to demand “papers” from people they stop who they suspect are not authorized to be in the U.S. If an individual is caught without papers they can be arrested and jailed. The extreme law, the coalition charged, invites the racial profiling of people of color, violates the First Amendment and interferes with federal law.

“We are joining this lawsuit because the Arizona law is out of step with American values of fairness and equality. It encourages racial profiling and is unconstitutional. African-Americans know all too well the insidious effects of racial profiling,” said Benjamin Todd Jealous, President and Chief Executive Officer of the NAACP. “The government should be preventing police from investigating and detaining people based on color and accent, not mandating it. Laws that encourage discrimination have no place in this country anywhere for anyone.”

“Subjecting human beings to discrimination and punishment based upon race and accent is morally offensive, unconstitutional and un-American, said Wilbert Nelson, the president of the NAACP Arizona state conference “We will fight vigorously to make sure this poisonous law never takes effect. It is part of a menacing return to racial discrimination and the beginning of a slippery slope. Right after this hate law was passed, a statute banning the ethnic studies in our school was passed. “

The lawsuit charges that the Arizona law unlawfully interferes with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution; invites racial profiling against people of color by law enforcement in violation of the equal protection guarantee and prohibition on unreasonable seizures under the Fourteenthand Fourth Amendments; and infringes on the free speech rights of day laborers in violation of the First Amendment. A number of other states are considering similar laws.

Several prominent law enforcement groups, including the Arizona Association of Chiefs of Police, oppose the law because it diverts limited resources from law enforcement’s primary responsibility of providing protection and promoting public safety in the community and undermines trust and cooperation between local police and immigrant communities.

“As a former police officer, many of us in law enforcement want to ensure that the resources of the police are put into fighting serious crime and not turn them into federal immigration agents,” said Reverend Oscar Tillman, president of the Maricopa County Branch (Phoenix, Arizona). “It can jeopardize security when victims or witnesses to crime are afraid to talk to police because they might be targeted by this law.”

The coalition filing the lawsuit includes the NAACP, the American Civil Liberties Union, , MALDEF, National Immigration Law Center (NILC), ACLU of Arizona, National Day Laborer Organizing Network (NDLON) and the Asian Pacific American Legal Center (APALC) – a member of Asian American Center for Advancing Justice.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Rep. Anthony Brown of Eudora Kansas, tried unsuccessfully to amend the House’s Appropriations bill to mimic the recently passed Arizona State Immigration bill.

When introducing the amendment, Representative Brown made clear that, “This is modeled after immigration law that passed out of the Arizona Legislature.” Rep. Brown went on to say that the purpose of his amendment was to deny benefits “to those folks who can’t prove their status.”

The Amendment was killed procedurally when Democrats questioned if the proposed amendment was germane to the appropriations bill he sought to amend. In a relatively short time, the rules committee declared the proposed amendment was not germane, referring to it “more policy than appropriations.”

It is not surprising that members of the Kansas Legislature would seek to pass legislation similar to the Arizona Bill considering one of the co-authors of the Arizona Bill was Kris Kobach, candidate for Kansas Secretary of State. But we should not rest… given the impending political shift in Topeka, we can be assured that this bill will come back next session; likely as a stand-alone piece of legislation. Along with it will come the tired-old myths of welfare and voter fraud, calls for voter id’s, and the magnification of ANY criminal act committed by a Hispanic, all serving to fuel a nascent anti-immigrant hysteria. (If that sounds at all hyperbolic, just pan through the Wichita Eagle’s blog section anytime there’s a story that even mentions a Hispanic person…)

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

(WASHINGTON, DC) – The NAACP issued the following statement regarding SB1070; a new law in Arizona that gives local law enforcement the right to arrest anyone they suspect is in the country illegally. Governor Jan Brewer signed SB1070 into Arizona law on Friday, April 23rd.

“The NAACP is outraged that in 2010, a sitting Governor would sign a law that empowers local law enforcement to legally use racial profiling to target entire communities. It is a violation of the respect for human rights that is the moral standard of our nation and it threatens the safety of us all as both immigrants and citizens will be fearful of reporting crimes to police. The law unwisely redirects the role of the Federal Immigration and Naturalization Department to local police officers diverting local resources from fighting crime to investigating undocumented people who might be in this country,” stated NAACP President and CEO Benjamin Todd Jealous. “Governor Brewer’s signature on SB1070 is another attempt to roll the clock back on civil rights protections in this country.”

“The passage of SB1070 is an embarrassment to the equal protection clause in the U.S. Constitution, and if we are not careful will leave a permanent stain on the United State’s reputation throughout the world. As an association that has fought for more than 100 years to ensure that basic rights and freedoms would be equally extended to all, it is disheartening to see the State of Arizona enact a law that tramples on the civil rights of Hispanic persons, and one that cannot be enforced without resorting to racial and ethnic profiling. We intend to use the full weight of our 2200 branches and units to ensure that this law is repealed and does not happen in other states across this nation,” stated NAACP Chairman Roslyn M. Brock. “As a nation we must enact comprehensive immigration reform so people who are in this country without documentation will have a path to citizenship, and we look forward to working toward that goal with the President and Congress in the coming months.”

The proposed law requires state, county, and municipal employees to ascertain the immigration status of a person if there is “reasonable suspicion” that the person is unlawfully present in the U.S. It also subjects local governments and their personnel to lawsuits by any citizen who feels that the new law is not being enforced sufficiently. The law would impose a $500 fine, among other costs, and a misdemeanor charge leading to possible deportation for individuals who could not show proof of legal presence.

“The NAACP is deeply disappointed that Governor Brewer signed SB1070 into law. This new law effectively legalizes the incendiary practice of racial profiling and will adversely affect communities of color across Arizona. Moreover, it sets a dangerous precedent for other states to follow suit and pass similar discriminatory measures,” stated NAACP Washington Bureau Director and Senior Vice President for Advocacy and Policy Hilary O. Shelton. “We look forward to working with other national civil rights groups, the U.S. Congress and President Obama to achieve comprehensive immigration reform so that racially and ethnically discriminatory laws like SB1070 are rendered irrelevant and useless.”

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

posted by Kevin Myles and Donna Pearson

For most of the 20th Century, South Africa employed a system of Apartheid; a grotesque and brutal system that rightfully earned the contempt of the world. Black people in South Africa were required to carry a “Pass Book” or Dom Pas at all times while traveling in “White” South Africa to prove that they were there legitimately. If they were not able to produce their documents on demand, then they would be arrested and banished to an undeveloped rural area.

Incredibly, the Arizona State Legislature has hearkened back to that shameful period with it’s own Dom Pas policy. Persons suspected of being an illegal immigrant may now be asked, without a warrant, to produce documents to prove that they are here legally. If they are not able to produce these documents, they are subject to arrest and will be turned over to Immigration and Customs Enforcement (ICE).

This essentially means that all persons of Hispanic origin, or who speak with a Spanish accent, must carry their “documents” at all times while traveling so as to satisfy the suspicions of others, or risk arrest and detention. This bill is a gross over-reaction to the issue of illegal immigration and it imbrues our national character. It must not stand…

But we actually don’t have to look overseas to find references for carrying pieces of paper to prove ones legal status. First consider the African American slave. Even if you were “born free” or had been made so through other means, you still had to be able to prove your freedom whenever called upon. In Illinois if you couldn’t produce a “Certificate of Freedom” you could be beaten and thrown out of the state. Even if you could produce it, you were denied the right to vote or sit on juries. Sounds eerily like Arizona.

Just like Mexican Americans and Latinos, you could work here and die for this country, but you were denied civil and political freedoms. I say this because they too were brought here by “circumstances”. From 1942 to 1967 we wanted every unskilled Mexican American we could convince to cross the border. Bracero brought over 1 MILLION Mexicans to work in the agricultural fields and railroads of this country after being forced OUT of their country hundreds of years earlier. Remember César Chávez? Only when they began to organize and fight for their rights did America decide they needed to return home. The similarities of slavery and our current immigration situation are striking.

What is the best way to deny someone the ability to fully participate?

1. Deny them an education – Check
2. Deny them the ability to participate in the decision making process – Check
3. Deny them the ability to get an economic foothold by keeping them in low paying jobs – Check

How many times DOES history have to repeat itself?

ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification

A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

B. 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).

C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.

D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES AND WHO IS IN THE AGENCY’S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT AGENCY.

E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING, RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:

Post Footer automatically generated by Add Post Footer Plugin for wordpress.