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Could ruling on SB 1070 impact CA Latinos?
Commentary by
Laura Sanchez
New America Media
Oct 31, 2010
As the San Francisco-based Ninth Circuit
Court of Appeals prepares to hear oral arguments on Monday for United
States v. State of Arizona, Latinos in California will be watching
closely. The case will address the constitutionality of Arizona’s SB
1070 law. SB 1070 is one of the broadest and strictest immigration
enforcement measures ever enacted by any state in our nation. The
court’s decision will send a strong signal not just to Arizona but to
the 13 other states that are now considering similar laws. As an
immigration attorney and a first generation Mexican American from Orange
County, laws like SB 1070 remind me of how much history repeats itself.
Every day, I see families face deportation due to minor encounters with
the law. When a broken tail light is used as a reason to stop,
overcharge, and deport an individual, then something is seriously wrong
with our law enforcement priorities, our laws, and even our morals.
After the Great Depression, Operation Wetback, a strategy enforced by
U.S. Immigration and Naturalization Services, expedited the deportation
of 80,000 “Mexican-looking” Americans, including many Mexicans and
Latinos born in the United States and Native Americans.
The movement by states to enact immigration laws and to scapegoat
Latinos started in California with Proposition 187. Passed in November
1994, Proposition 187 sought, among other things, to require police,
health care professionals, and teachers to verify and report the
immigration status of all individuals, including children. Well-funded
anti-immigrant groups like FAIR created a blueprint for states and
cities to become immigration law enforcement agents. In light of the
discrimination that ensued—even though Proposition 187 was ultimately
found unconstitutional—many view this period as one of the worst moments
for Latinos in recent California history. We Latinos in the United
States must beware: laws that aim to deport the undocumented will result
in the violation of the civil rights of all Latinos.
In the wake of SB 1070, other states are attempting to pass similar or
more extreme laws at an alarming rate. Republican state legislator Randy
Terrill, who co-authored Oklahoma’s strict 2007 immigration bill (HB
1804), has promised to pursue an even stricter second generation version
of the bill that he has called an “Arizona-plus” law. He is undeterred
by the fact that key provisions of HB 1804 were ruled unconstitutional
by the Tenth United States Circuit Court of Appeals. Arizona’s
Republican State Senator Russell Pearce recently announced that state
legislators will propose a bill to deny United States citizenship to
children born of undocumented immigrants. Even though many, if not all,
of these bills will be struck down as unconstitutional, they testify to
the current anti-immigrant—and anti-Latino—climate.
There is little political will for immigration reform. In fact, both the
Democratic and Republican parties see Latinos largely as a source of
votes but show scant interest in ensuring that the law treats our
community fairly. Even President Obama, who during his race for the
presidency promised to bring the change we can believe in and co-opted
the United Farm Workers’ slogan “Yes We Can!” has turned his back on us.
Obama has earned the label Deportation Czar. Under his watch, more
immigrants have been deported since Operation Wetback. As long as the
nation lacks comprehensive immigration reform laws similar to SB 1070
will continue to be introduced in states across the country. Right now
it is up to our judicial branch to uphold the United States
Constitution. We Latinos who can must vote for those whose track records
show a commitment to fairness for our community, regardless of party
affiliation.
Laura Sanchez is a staff attorney for the Central American Resource
Center (CARECEN) in San Francisco.
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