The following was contributed to the Washington Post as commentary to an opinion piece submitted by Kirk Adams the Speaker of the Arizona House of Representatives entitled "The Truth Behind Arizona's Immigration Law" .
"Having read AZ Senate Bill 1070, listened to the debate and now having read this defense of the legislation presented by the Speaker of the AZ House of Representatives I feel compelled to raise some questions.
Mr. Adams points to the fact that polls indicate that people "overwhelmingly support this law" as evidence that AZ's statute is both legal and morally appropriate. In fact, overwhelming support of a position does not necessarily make it legal or morally right. Case in point would the Jim Crowe/ segregation laws adopted by States during the period prior to enactment of federal Civil Rights legislation be considered legal or morally right by any standard? Can there be any doubt that those discriminatory laws enjoyed "overwhelming support" by the citizens of their State - Mississippi et al for example.
The argument is that S.B. 1070 merely mirrors federal law "by making it a state crime to be in this country illegally". However, S.B. 1070 actually goes further and amends the law of trespass to create an additional category of criminal trespass to the effect that "any person" (legal or illegal) is guilty of trespass if they are present in any "public or private land" in the State of AZ and cannot produce documented evidence of their status. An American citizen would be suspected of committing trespass in any part of the State of AZ if they were not carrying documented evidence of their status. In other words everyone must be prepared to present "their papers" or be arrested on suspicion of trespass.
This new definition of criminal trespass is the thin edge of the wedge that permits the authorities to make the "lawful contact" required by the AZ statute. An officer merely has to suspect the person of violating this expanded definition of trespass (physically being in AZ without "papers" whether of legal status or not)in order to make the "lawful contact". This is the investigation of "another violation or crime" that allows the inquiry and demand for "papers". A blue-eyed, blond female of Scandinavian descent born in Phoenix who was not carrying documented evidence of her citizenship and/or legal status would be in violation of this new expanded definition of trespass and thus would be subjected to detention & delivery to ICE for the ultimate determination of legality of her being present within the boundaries of the State of AZ.
The State Representative would say that this wouldn't happen. The only reason it wouldn't happen to the blond perp/ suspect is that she would have been "profiled" as not being a potential offender. Of course, a male Hispanic, waiting at the side of the road for any purpose would be "profiled" as a potential offender of this new, expanded offense of trespass. If this unfortunate Hispanic male was an American citizen who was not carrying "papers"/ documentation proving his legal status then he will be arrested and delivered to ICE while being charged under the AZ Criminal Code with criminal trespass & face the penalties contained therein including fines & payment of his jail costs. He must hire defense counsel & prove that he "maintains authorization from the federal government to remain in the United States". Where is the presumption of innocence, where is the requirement that the prosecution has the burden of proving the offence? The burden shifts to the accused to "prove" his presence in the State of AZ is lawful. If an American born Hispanic male cannot prove his legal status he would be subject to conviction. Shouldn't the prosecution be required to prove that that the person is there without legal status?
Interestingly the AZ law places a positive obligation on law enforcement to apply the new law of trespass. Should the officer try & release the blond that can't produce her "papers" he could himself be subject to prosecution for not detaining her & anyone can initiate the complaint. (Note that the AZ law encourages anonymous reporting of violations.)
Lastly Mr. Adams attempts to justify the actions of the AZ Legislature by drawing attention to the fact that CA, one of the largest critics of the proposed law, may even have similar laws on its books. He cites CA Penal Code s. 834b as support for this proposition. Firstly this section pertains to the obligations of a peace officer in effecting an "arrest". It does not expand the definition of trespass or create any new criminal offenses. Secondly, s. 834b (a) serves as the preamble for the cited law and provides as follows: "Every law enforcement agency in CA shall fully cooperate with the US Immigration & Naturalization Service (sic - now ICE) 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." Therefore, the person must first be "arrested" - this is a much higher standard than "lawful contact"; and, the agency's requirement is to "cooperate" with federal immigration authorities not co-opt their authority."
Friday, May 28, 2010
Monday, April 19, 2010
Spring Update
Again - I am not being consistent in my postings. Maybe something will finally prod me to place into this Blog the essence of the many conversations I am having with people all over the country & even abroad.
My reading list is getting longer rather than shorter. I am about to finish the 1st Volume of Taylor Branch's comprehensive history of the Civil Rights movement. It has been a hard read but not because it isn't interesting. I find myself getting frustrated and almost angry as I read his recounting of those events. The blatant racism, the inaction of the federal government to obvious injustices, the need for the Kennedy's to add a political calculation to each step when the immorality of the circumstances should trump all political considerations and, finally, the cautiousness of the established black leadership of the time. Interestingly, PBS has chosen to replay on their American Experience program the series that was produced and aired in the mid 1980's regarding the history of the Civil Rights Movement. The visuals are disturbing; and, when further considered today after an additional 20+ years, the actions of the southern states' governments, the federal government and the ignorant racist people of that era are indefensible.
I have also been reading about the Economic Crisis we are experiencing. The book Too Big to Fail was a disturbing account of the behind the scenes actions of the major players as the events unfolded. I have been reading many articles and watching many documentaries commenting upon this historical economic collapse. The prevailing themes of greed and arrogance can't be avoided. Again, the ineffectiveness of those in positions of power is dumbfounding. Not only were they unwilling and unable to control the greed of the Bankers but they were actually encouraging this behavior. Policymakers determined that their short term goals matched the short term profit motivations of Wall Street. As Simon Johnson asserts - there is an oligarchy running this country and it is the Banking/ Financial Establishment. The political types are willing to go along in exchange for money that helps them stay in power. No one appears to have any interest in doing what's appropriate for the people & the public has benefited only to the extent that those benefits were consistent with Wall Street's profit chase and Washington's power goals.
Lastly, I was enthralled by the experiences of Greg Mortenson as chronicled in his book Three Cups of Tea. His methods were almost the antithesis of those employed in the other two arenas discussed above. He was selfless in his pursuit of a goal that was larger than himself and a goal that was meaningful. He paid no attention to and gave no heed to politics, profit, self aggrandizement, fame or any other motivation that seems to be behind every other action today. He merely wanted to build schools for needy children in Pakistan and Afghanistan. His methods were as unconventional as they were effective.
Perhaps the solution to our big problems and issues can be found in the methods used by Mortenson. Start from the ground up, proceed on faith & a belief that what you are doing is worthy, don't impose your will but rather listen to others, don't assume that only the powerful establishment has all the answers and, be persistent, don't get discouraged that solutions aren't being achieved within your timetable.
Closed minds have delayed, to this very day, the total removal of racial barriers. Great minds that were inappropriately focused on short term gain & profit were behind the recent economic collapse. Only when minds are open & properly calibrated can lasting achievements such as Greg Mortenson's be realized.
It is time that we objected to being satisfied with mediocrity or only that which is expedient. Our way out of this mess is to strive for the best, the apparently unachievable, excellence in all facets of our individual lives as well as society.
This may the last chance for the Boomers to make their mark. We need to finish what was started in the 1960's. We may not have run a perfect race but we still have the chance to finish well.
My reading list is getting longer rather than shorter. I am about to finish the 1st Volume of Taylor Branch's comprehensive history of the Civil Rights movement. It has been a hard read but not because it isn't interesting. I find myself getting frustrated and almost angry as I read his recounting of those events. The blatant racism, the inaction of the federal government to obvious injustices, the need for the Kennedy's to add a political calculation to each step when the immorality of the circumstances should trump all political considerations and, finally, the cautiousness of the established black leadership of the time. Interestingly, PBS has chosen to replay on their American Experience program the series that was produced and aired in the mid 1980's regarding the history of the Civil Rights Movement. The visuals are disturbing; and, when further considered today after an additional 20+ years, the actions of the southern states' governments, the federal government and the ignorant racist people of that era are indefensible.
I have also been reading about the Economic Crisis we are experiencing. The book Too Big to Fail was a disturbing account of the behind the scenes actions of the major players as the events unfolded. I have been reading many articles and watching many documentaries commenting upon this historical economic collapse. The prevailing themes of greed and arrogance can't be avoided. Again, the ineffectiveness of those in positions of power is dumbfounding. Not only were they unwilling and unable to control the greed of the Bankers but they were actually encouraging this behavior. Policymakers determined that their short term goals matched the short term profit motivations of Wall Street. As Simon Johnson asserts - there is an oligarchy running this country and it is the Banking/ Financial Establishment. The political types are willing to go along in exchange for money that helps them stay in power. No one appears to have any interest in doing what's appropriate for the people & the public has benefited only to the extent that those benefits were consistent with Wall Street's profit chase and Washington's power goals.
Lastly, I was enthralled by the experiences of Greg Mortenson as chronicled in his book Three Cups of Tea. His methods were almost the antithesis of those employed in the other two arenas discussed above. He was selfless in his pursuit of a goal that was larger than himself and a goal that was meaningful. He paid no attention to and gave no heed to politics, profit, self aggrandizement, fame or any other motivation that seems to be behind every other action today. He merely wanted to build schools for needy children in Pakistan and Afghanistan. His methods were as unconventional as they were effective.
Perhaps the solution to our big problems and issues can be found in the methods used by Mortenson. Start from the ground up, proceed on faith & a belief that what you are doing is worthy, don't impose your will but rather listen to others, don't assume that only the powerful establishment has all the answers and, be persistent, don't get discouraged that solutions aren't being achieved within your timetable.
Closed minds have delayed, to this very day, the total removal of racial barriers. Great minds that were inappropriately focused on short term gain & profit were behind the recent economic collapse. Only when minds are open & properly calibrated can lasting achievements such as Greg Mortenson's be realized.
It is time that we objected to being satisfied with mediocrity or only that which is expedient. Our way out of this mess is to strive for the best, the apparently unachievable, excellence in all facets of our individual lives as well as society.
This may the last chance for the Boomers to make their mark. We need to finish what was started in the 1960's. We may not have run a perfect race but we still have the chance to finish well.
Thursday, April 08, 2010
Back in the Saddle
I haven't posted to this Blog for a "dog's age". I am feeling the itch to get get re-started. I just posted on my Sports Blog a message about the 2010 Dodgers.
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