This term’s last oral argument ends next week with yet another blockbuster case—Arizona v. United States, the challenge to Arizona’s harshly anti-immigrant S.B. 1070. This case poses vitally important questions about individual rights, racial profiling, and the future of individual equality in the United States.
But don’t expect to hear them argued openly next week.
Recently, Scott Douglas III, a civil-rights activist in Alabama and executive director of the Greater Birmingham Ministries, appeared on TheColbertReport to discuss his involvement as a plaintiff in an American civil Liberties Union (ACLU) lawsuit against the state of Alabama. The case challenges the state's infamous HB 56 law, which imposes a litany of sanctions on undocumented immigrants. The law:
Right-wing members of Congress have never shied away from associating with fringe agitators, but appearing with a white nationalist is beyond the pale. On Thursday afternoon, Iowa Representative Steve King jovially appeared on a panel with Peter Brimelow, an anti-immigrant author that the Southern Poverty Law Center (SPLC) has termed a white nationalist. Brimelow wrote Alien Nation and founded the online community VDARE, which SPLC describes as "a nonprofit that warns against the polluting of America by non-whites, Catholics, and Spanish-speaking immigrants."
"Why do you stay in the U.S., then?" I asked the German-born historian whose last professional job in Germany ended two years ago. Since then, she has been doing piecemeal work and relying on a much thinner social safety net in the U.S. than she would have in her country of origin. There, she'd have her family, health care, lower housing costs, and other social and economic guarantees. She had just told me how much Germany had come to life since her youth: instead of "don't walk on the grass" signs, there's a lively public culture; instead of beige houses, there's an explosion of color; instead of the grim and clenched authoritarian culture for which Germany was once famous, there's playfulness. So why stay in the U.S.?
As 2011 draws to a close, the immigration situation in the U.S. remains a mess. Arizona's infamous SB 1070, which required law-enforcement officials to check immigration status during routine encounters if there was "reasonable suspicion" someone was in the country illegally, sparked a nationwide outcry when it was passed in 2010. But in the past year, lawmakers in Alabama, Georgia, Indiana, Utah, and South Carolina have followed suit, passing a host of copycat bills. In Alabama, schools are even required to check the immigration status of students, which has resulted in hundreds of Hispanic children being kept home from school.
Last week, the Department of Justice (DOJ) released a report saying that under Sheriff Joe Arpaio’s leadership, the Maricopa County Sheriff’s Office (MCSO) has violated the Fourth Amendment and Title VI through a consistent “pattern or practice of unconstitutional policing.”
“MCSO, through the actions of its deputies, supervisory staff, and command staff, engages in racial profiling of Latinos,” the report found. One expert quoted in the report said it was “the most egregious racial profiling in the United States that he has ever personally seen in the course of his work, observed in litigation, or reviewed in professional literature.”
Protesters at the Port of Oakland Monday. Photo/Aaron Bady
On Monday, occupiers set out to shut down ports across the West Coast. Targets included SSA, which is largely owned by Goldman Sachs, and the Port of Longview, which multinational EGT is trying to operate as the West Coast’s only port without members of the International Longshore and Warehouse Union (ILWU). The actions, which shut down operations at Longview, Oakland, and Portland, were opposed by ILWU leadership. They led to intense debate among and between occupiers and unionists over tactics—who the blockades hurt, whether they’re worth the legal risks—and democracy, namely, how democratic the ILWU and the Occupy movement each are, and whether workers should have a veto over actions where they work.
One of the little joys of teaching a presidency class in the fall is that my session on presidential pardons falls around Thanksgiving so I can lead off with video of the leader of the free world pardoning a turkey. However, one of the interesting things about the pardoning power is that, with the exception of impeachment charges, “the President’s authority to grant pardons [for federal offenses] is essentially unfettered” as this CRS report explains. Presidents can pardon individuals or classes of people, with or without conditions.
In hindsight, the likely failure of Rick Perry's presidential ambitions shouldn't have been all that surprising. Despite appeal among party elites, late-entry candidates like Wesley Clark in '04 and Fred Thompson in '08 have historically struggled to catch up to the rest of the field. The candidates in the race from the beginning have a chance to work out all the kinks before the spotlight glares at the debate stages, an experience that would have proved especially crucial in Perry's case. He's always been a loose-cannon campaigner with, shall we say, a less than thorough grasp on his material. It was a problem his campaign staff could mitigate by limiting his media exposure in Texas elections but couldn't avoid on a national stage.
Talking Points Memo sheds some light on Newt Gingrich’s ongoing effort to appeal to Hispanic leaders:
As Benjy Sarlin reported back in 2009, Gingrich was using social networking and TV appearances on Spanish language TV to ingratiate himself with the Hispanic community and attempt to grow the GOP base there. Republicans have long felt they have a real chance to grab big swaths of the Latino vote, which they say is naturally more socially conservative and open to Republican ideas.
Emily Dopper and her boyfriend, Willem van Leeuwen, tourists from the Netherlands, were on their way to lunch at the Boathouse restaurant in New York’s Central Park when they encountered the picket line. Clay Skaggs, a striking waiter, intercepted them. “We’re asking you not to eat here,” he said in a tone of polite explanation. “They practice sexual harassment, and they stole $3 million in wages over two years. They also got a C-rating on their health inspection.”
Dopper looked dejected and unconvinced. “We came here to Central Park all the way from Europe,” she said.
Yesterday's Republican presidential debate in Washington focused on national security, so of course the candidates readily took the opportunity to dive into the dangers of illegal immigration. "An insecure border is a national security threat… we know that terrorists have come into this country by way of Mexico," Herman Cain said. "As the President of the United States," Rick Perry said, making a now outlandish proposition, "I will promise you one thing, that within 12 months of the inaugural, that border will be shut down, and it will be secure."
Last Wednesday night, a cop in Tuscaloosa, Alabama, pulled over a rental car that didn’t have the right tag on it. He asked the driver for his license, and the driver instead produced his German identification card. Before Alabama’s new immigration law took effect this fall, the driver would have been ticketed, but under the terms of the new law, the cop arrested the driver and hauled him off to the police station for the crime of lacking proper identification.
In fairly short order, a colleague of the arrestee showed up with the driver’s passport, visa, and German driver’s license. At that point, the driver was released—but the story had just begun.
When president-elect Barack Obama named Cecilia Muñoz as director of intergovernmental affairs at the White House, Latino nonprofits and media outlets celebrated. Her appointment was viewed as a sign of inclusion for Latinos in government and an example of our growing political power.
Given that Muñoz was the former senior vice president for the Office of Research, Advocacy, and Legislation at the National Council of La Raza (NCLR)—the largest national U.S. Latino civil-rights organization and a prominent advocate for immigrant rights—many expected that her advocacy would move with her into the White House.