One of the greatest hypocrisies in the United States is that those who speak out so strongly against immigrants are those who are here by virtue of immigration. Federal immigration laws are written by children of immigrants. This is a simple, incontrovertible fact.
So, it comes as no surprise that immigrant rights activists, civil rights activists, church leaders, and a multicultural mix of community members throughout the Nation gathered this weekend to decry the inhumane and unconstitutional anti-immigrant Arizona law known as SB 1070. Some people just remember where they come from.
Unlike Scott McInnis, I have read and dissected SB 1070. The fact is that SB 1070 violates the sacred principles of our federal Constitution and intrudes upon the federal government’s power to regulate immigration. Notwithstanding the Arizona legislature’s attempt to amend the legislation (HB 2162), SB 1070 still is severely flawed. There are no real safeguards prohibiting unconstitutional conduct, such as racial profiling.
Incidentally, Arizona should know something about racial profiling. Since 2005, two lawsuits have been filed in state and federal courts in Arizona alleging illegal searches and seizures and racial profiling in violation of the U.S. Constitution. Both cases were moved forward as credible evidence supported that Arizona law enforcement engages in unconstitutional conduct. Sheriff Joe Arpaio is a defendant in one of the lawsuits and a strong supporter of SB 1070. Imagine that.
Moreover, SB 1070 has the potential of creating Nazi-style snitches out of everyday Arizonans. One section makes it a criminal offense to unlawfully conceal, harbor or shelter undocumented immigrants. What if you are an elementary school teacher, who is under federal mandate to educate both citizen and non-citizen children, and you are aware that there are ten undocumented immigrant children in your school?
According to SB 1070, if you did not “rat out” these children, you could be charged with a felony and fined no less than $1,000 per child. In sum, SB 1070 should cause your skin to crawl as we are reminded of people ratting out Jews during World War II or people squealing on White citizens harboring slaves in the 1800s. There are unfair people in this world and SB 1070 gives them a reason to feel powerful.
Now, while we all sympathize that Congress has wholly failed to address comprehensive immigration reform, Congress’ failure simply does not give States the right to develop their own immigration policies. Imagine 50 different immigration laws for the 50 various States.
Likewise, while we all sympathize that drug traffickers and human smugglers are moving through a porous border and into the State of Arizona, not all immigrants coming to this country are drug traffickers or human smugglers. In fact, my guess is that far more people cross our borders to make a better life for themselves and their families. Non-Hispanic, White European immigrants did the same thing over 100 years ago, legally and illegally.
Because Congress has failed to act, there remains one simple solution – throw the bums out! Yes, Arizona should throw out Senators John McCain and John Kyl for their refusal to constructively engage in comprehensive immigration reform.
Oddly enough, Sen. McCain attempted to defend SB 1070 by saying that Arizona’s law was about national security. My goodness, is that not the reason why Sen. McCain was to the U.S. Senate? Is it not his role to proffer, debate or vote on laws regarding our national security? When Sen. McCain expresses that Arizona is protecting national security, then it begs the question why he is needed at all?
On the other hand, we need to re-elect those U.S. Senators and Representatives who desperately seek reform such as Senators Mark Udall and Michael Bennet. Right now, we need brave leaders to address this pressing issue. We certainly do not need the likes of Ken Buck or Scott McInnis who have records for overstepping the Constitution. Buck n’ McInnis are just too anxious to play it fast and loose with our rights.
Lastly, I know some Neanderthal is going to tell me to go back to Mexico after he/she reads this Op-Ed. However, before such a cogent retort is issued, please know that I am a native Coloradan whose roots go back nearly 400 years (Spanish side) and 25,000 years (Native side) – you are more than likely an immigrant to me.
Joseph A. Salazar is an attorney practicing civil rights and constitutional law practicing in Denver and he is a founding member of the Colorado Latino Forum. EDITOR’ S NOTE: This is an online-only column and has not been edited.
