WASHINGTON (By Jon Garrido, Hispanic News and the Blue Dogs
of the Democratic Party and
edited national
editorials) September 5, 2007 — A federal judge
dealt a decisive blow against a dangerous trend of freelance
immigration policies by local governments. Judge James M. Munley of the central
Pennsylvania district, struck down ordinances in the
town of Hazleton that sought to harshly punish
undocumented migrants for trying to live and work there,
and employers and landlords for providing them with
homes and jobs.
The ruling was a well-earned
embarrassment for Mayor Louis J. Barletta and his
proclaimed goal of making Hazleton ''one of the toughest
places in the United States” for migrants. In doing so,
Judge Munley laid down basic truths.
Basic truths that every
American should remember
First, immigration is a federal responsibility. State
and local governments have no right to usurp or upend a
vast, ''carefully drawn federal statutory scheme” that
governs who enters the country and the conditions under
which immigrants stay, study, work and naturalize.
Congress may be botching the job, but has not
delegated it.
It is not yet clear when or whether Hazleton’s
vigilantism will finally be stifled. Mr. Barletta says
he will appeal. He and others across the country can be
expected to keep concocting ever-more-inventive
strategies to deliver pain to migrants.
But that is a legal and moral dead end. As long as
people like Mr. Barletta persist in misusing the law to
serve their prejudices, they will make the immigration
system an ever more incoherent muddle. They will thwart
reasonable efforts to grapple with the opportunities and
problems borne in with the influx of newcomers. They
will continue to dehumanize not only their victims, but
themselves.
Mayor Barletta says he is angry at the federal
failure to control immigration. But he should realize it was his
side — his Restrictionists soul mates in the United
States Senate that last month took the most ambitious
attempt in a generation to restore lawfulness and order
to immigration, loaded it with unworkable cruelties,
then pushed it into a ditch. They celebrated their
victory, but their shortsighted insistence on border
enforcement above all else will leave places like
Hazleton to grapple with a failed immigration policy for
years to come.
This is why,
''The city of Hazelton could not enact an
ordinance that violates rights the Constitution guarantees
to every person in the United States, whether legal resident
or not,'' wrote U.S. Federal District Judge James Munley.
The judge emphasized
illegal immigrants had the same civil rights as
legal immigrants and citizens.
The Constitution’s guarantee of equal protection applies
to all persons, not just citizens. The presumption the 14th
Amendment can be set aside while migrants are hunted down
and punished is widespread but false. The judge wrote: ''We
cannot say clearly enough persons who enter this
country without legal authorization are not stripped
immediately of all their rights because of this single
illegal act.”
Herein lies the crux of the
problem, racism was the major
contributing factor that killed
immigration reform
The United States
Constitution provides obvious symbolism of the
blind folded lady is justice and justice is blind.
Her bare toes show beneath her gown, standing on the
pedestal, a symbolic message that nothing comes between
justice and the land. The ''land'' here can be interpreted as
the ''people.''
This is not the case in the
United States Senate. Senators in the Congress
are not blind. In fact, some
senators are racist. These senators are not
friends of Hispanics: Jon Kyl, John Cornyn, Tom Coburn, Kay
Bailey Hutchinson, and Jeff Sessions.
An Hispanic friend, Sen. Barack Obama said the recent Senate immigration
debate ''was both ugly and racist in a way we haven't see
since the struggle for civil rights.''
The Illinois Democrat said he earned
Hispanic support for
his presidential campaign by marching in last year's May 1
immigrant rallies and challenged whether
others met that standard.
''Find out how many senators appeared before an
immigration rally last year. Who was talking the talk, and
who walked the walk — because I walked. I didn't run away from the issue, and I didn't just
talk about it in front of Hispanic audiences,'' said Mr.
Obama.
Even
Senator Lindsey Graham of South
Carolina in the well of the U.S.
Senate said, ''There’s no shortage of
plain old racism in this issue.''
Immigration reform is not going away until it becomes the law of the land.
This issue will in all probability not be addressed until after the 2008
elections in 2009.
While this may sound far in the future, it does provide a timeframe for doing
what we must do to to assure immigration reform does become law as we need for
it to be, not the punitive legislative bill that was crafted by Jon Kyl, John
Cornyn, Tom Coburn, Kay Bailey Hutchinson, and Jeff Sessions with punitive
measures that once immigration reform was enacted, all migrants including their
children would have been deported for as little an infraction as spiting on the
sidewalk.
We must begin by launching an
all out campaign to expose anti-Hispanic bigots in the
media, entertainment and politics.
The recent immigration debate in the Senate, which
ended with the defeat of a bill that would have given a
path to citizenship to many of the 12 million
undocumented workers, has given way to the biggest
explosion of anti-Hispanic sentiment we have ever seen in
America.
Bendixen and Associates
did a nationwide
poll identifying 76 percent of U.S.
Hispanics agree with the statement that ''anti-immigrant
sentiment is growing in the United States,'' and 62
percent say this phenomenon has directly affected them
or their families.
Every brown face in America is
suspect
If you think conservative Republican
talk radio, cable television and other
Americans focus only on migrants, you must be living in a cave for
every brown face in America is suspect.
Few Hispanics believe
statements by rabid anti-immigration radio and
television hosts who say they only oppose ''illegal
immigration.'' When asked what fuels the current
anti-immigrant sentiment in the United States, 64
percent of Hispanics in the poll mentioned one factor:
''racism against immigrants from Latin America.''
Every day statements
are made on
radio and television that go far beyond the boundaries
of fair debate over the need to fix the U.S. immigration
system, and that twists the facts in ways that make it
difficult to believe in the good faith of those who make
them.
Carlos Oppenheimer
writes, ''It's not just what fear mongers such as CNN's Lou
Dobbs or radio talk show hosts Rush Limbaugh and Michael
Savage allow to be said in their shows, which
systematically blame Hispanics for many of America's
ills. Prominent academics such as Harvard University
political scientist Samuel Huntington are getting away
with sweeping statements such as America's Hispanic
immigration deluge . . . constitutes a major potential
threat to the cultural and possibly political integrity
of the United States.''
Oppenheimer further
writes, ''While the 44 million Hispanics are the biggest
minority in America, you don't see the kind of
nationwide protests, legal actions or calls for boycotts
on a scale that you would probably see if these
statement were directed against African Americans or
Jewish Americans. When you visit the website of the NAACP, one of the
first things you see is an NAACP 'Stop' Campaign
headline, which is a call to action against racism in
the media. The NAACP and other African American groups regularly
launch name-and-shame campaigns, and most recently
forced the firing of radio host Don Imus over an April
comment calling the Rutgers University women's
basketball team 'nappy-headed hos.'"
"On the National Council of La Raza's
website, you don't find a similar emphasis on fighting
bigotry. The group's main theme is 'Ya es hora!,'
a voter registration drive conducted alongside the
Spanish-language Univisión network and other Latino
organizations aimed at adding two million new Hispanic
votes for the 2008 election."
La Raza President Janet Murguia conceded in an
interview with Oppenheimer, ''Hispanics need to do more
to fight back against bigotry in the media.''
Yet, Janet Murguia is a
frequent guest on Lou Dobbs' Broken Borders. Each time
she visits Dobbs, she contributes to the television
program's ratings and Dobbs viewers chuckle as to how
inept an Hispanic leader can be for being ambushed time
after time and continuously smiling as Dobbs bashes
Hispanics. The
better choice for Murguia would be to boycott the show
and not provide a platform for Dobbs each day attacking
migrants for being responsible for the demise of the United States.
Citizenship
Hispanics cast 5.6 million votes in
the 2006 midterms elections which represented only 13 percent of the
total Hispanic population compared to the 27 percent of all
blacks who cast votes and 39 percent of all whites who voted — a
disappointing turnout attributed to a population too young to
vote or ineligible because of citizenship status.
Locally, the Phoenix Somos America
Coalition in the months of June and July registered 2,500 Hispanics to
vote. This is certainly admirable but far short comparing numbers to
other voters.
I was born and raised in Superior,
Arizona, a small mining community
in the desert
an hour's drive east of Phoenix.
South of
Superior is the town of Florence forming a triangle with Apache
Junction to the west of Superior and northwest of Florence. This area is
the next boom area in Arizona with a million building permits already issued to
build
Sun City
master planned retirement
communities for persons moving to Arizona primarily from the
mid-West states of Minnesota, Wisconsin, Michigan, Illinois, Indiana,
Ohio, and Iowa. These
2 million potential voters, assuming
two voters per house,
will be retired white voters voting at 39%
compared to 13% for Hispanics. To compound the voting discrepancy,
the Iowa electorate as the first state to vote in the national
nominating process vote at a
much higher rate than the national 39% white average rate.
The voting discrepancy increases
exponentially
factoring in other development areas in
the Phoenix metropolitan area. On the west side of Phoenix, a multitude
of housing subdivisions are being planned in the greatly expanded
annexations of the Town of Buckeye and more
than a dozen huge developments are sprouting up on both sides of the
30-mile-long Sun Valley Parkway, west of the White Tank Mountains.
Again, nearly all one million residents will be white retired voters.
One can only conclude registering
Hispanics in the short term falls short of making a measurable impact in
voting patterns in Arizona.
So if we can not win by voting — yet, the
only conclusion has to be we need to do something else in addition to
registering voters. Working on getting out the vote will help but this is not enough. We need to go on the offense. We need to launch a
local campaign to identify, name and shame those who systematically
bash Hispanics. Then we need to launch a nationwide campaign.
If anti-Hispanic sentiment is allowed to keep
growing, we will soon have an underclass of 12 million
immigrants that will feel not only frustrated by not
having a legal path to citizenship but increasingly
insulted by mainstream media.
I am a fourth generation American Hispanic with family roots
in Arizona dating back to the late 1800s. I have traveled to
19 counties. While culture and beauty can be found around the
globe, the genius of the United States Constitution, the Bill of Rights and of utmost importance, the 14
amendment, provide for equal protection of all persons
residing in the United States. This is what places America
at the pinnacle of world nations — past and future. No other country
has a blindfolded Lady Justice that
mandates justice is blind. This is why I choose to be an
American.
Each day I receive
200-300 hate emails bashing me as an Hispanic migrant
with the usual message — go back to Mexico. Each time I
write an article or editorial on immigration reform,
the number of hate emails increase dramatically. Last
year during the marches, there were even threatening
phone calls I reported to the FBI.
The only consolation
The only consolation is a population projection from
the Unites States Census Bureau: In the year 2097, 50% of the entire
United States population will be Hispanic, 30% will be black, 13% will
be Asian, 5% will be white, and 2% will be ''other.'' The browning of
America is inevitable. No one can stop it.