Share

Arizona Injunction a Victory, but Not End of the Fight, Activists Say

by: Yana Kunichoff, t r u t h o u t | Report

photo
More than 200 people came out to protest in Chicago, nearly one-tenth of the average of 1,100 people deported every day. (Photo: Yana Kunichoff)

A federal judge's ruling has prevented the most contested parts of SB1070, Arizona's contested immigration law, from taking effect, but protests and recrimination have shown that feelings in the state remain far from friendly.

The SB1070 legislation went into effect at 12:01 a.m. Thursday, but significant portions of the laws were enjoined by a federal court order ruling in a lawsuit brought by the Obama administration.

Under the revised version of the bill, police will not be required to check the immigration status of individuals they suspect of being undocumented immigrants, and immigrants without papers will not face state misdemeanor charges, as is mandated in the version of SB 1070 signed into law by Governor Jan Brewer on April 23, 2010.

Immigrant rights activists in Chicago protest SB1070 and call for a moratorium on deportations.
Immigrant rights activists in Chicago protest SB1070 and call for a moratorium on deportations. (Photo: Yana Kunichoff)

"The partial and temporary blocking of a law that should've never existed is welcome but in no way a victory," said Pablo Alvarado, executive director of the National Day Laborer Organizing Network. "The conditions that created SB 1070 remain and are only worsened by the decision today."

Federal Judge Susan R. Bolton, of Arizona's District Court, also halted provisions of the law which would have made it a crime for an undocumented immigrant to solicit work in Arizona, saying this and other aspects should be enjoined until a trial takes place to decide whether the Arizona law interfered with federal authority on immigration and subjected legal residents to unwarranted scrutiny.

However, Thursday morning ushered in a few of SB1070's less publicized aspects. It is now a crime to stop a car in the street and pick up a day laborer, and police officers were given new powers to impound vehicles used to transport undocumented immigrants. The latter provision, aimed at migrant smugglers, could also apply to church groups or individuals who have family members of mixed immigration status.

As expected, Arizona's Governor Brewer, seeking reelection for a full term, quickly jumped to appeal Judge Bolton's decision. The court is scheduled to hear oral arguments in September, and there are still five other lawsuits against SB1070 which have yet to be taken up in court, brought by individuals, civil rights groups and police officers.

Protesters gathered in New York, Los Angeles, Chicago, Milwaukee, Louisville, Tucson, Ecuador, Spain and Mexico to make their voices heard against Arizona's anti-immigrant law as it took effect Thursday. In New York, the protesters shut down the Brooklyn Bridge.

Faith leaders, union leaders and activists from all over the country were among hundreds of protesters in Arizona who began marching before dawn, saying Arizona remains inhospitable to immigrants despite the injunction. At least 50 people were arrested during protests and acts of civil disobedience, along with at least one lawyer from the Center for Constitutional Rights, who was taken into custody while writing down the names of individuals being arrested.

Protesters also shut down Sherriff Joe Arpaio's office in Phoenix, forcing him to delay his 17th sweep on Thursday.

Rinku Sen, president and executive director of the Applied Research Center, credited the many protests leading up to the court injunction with pressuring the Obama administration into suing Arizona over SB1070.

"I think it's had an enormous effect," Sen said of the slew of protests leading up to the injunction. Anti-immigrant legislation relies on the crossing of lines "that American are willing to tolerate, and SB1070 crosses that line. This fight has activated unusual actors such as baseball players and musicians, who are not leading the debate but responding to it," she said of the public figures who have agreed to boycott Arizona over SB1070.

Not all reactions to the ruling were peaceful - Congressman Raul Grijalva (D-Arizona) was forced to shut down his district office after a bullet shattered a window, and Judge Bolton received hundreds of threats at her court offices following her ruling to throw out portions of the law.
A rally is planned for Saturday by those who support the law, including State Senator Russell Pearce, the Republican who sponsored it and who predicted that the injunction would be lifted.

On the ground, many of Arizona's recent measures targeting undocumented aliens are still in place. Since 2004, the state has tightened requirements on ID needed to vote, limited the ability of undocumented immigrants to post bail after they have been arrested, and worked to dissolve companies that hire workers without papers. Recent laws have eliminated a Mexican-American studies program and stopped teachers with accents from teaching some public school classes.

In addition to this, Arizona is already the launching ground for 287(g), a measure which delegates immigration enforcement to local police officers. Mark Spencer, board president of the Pheonix Law Enforcement Association, a strong backer of SB1070, said it would only have legalized tactics already widely used in Phoenix. "We were test-driving SB 1070" in Phoenix, Spencer said. "Now we're going to take it on a long-term road trip. Nothing changed for the Phoenix Police Department."

Sen noted that despite the judicial challenge to SB1070, "racial profiling as a practice doesn't get challenged," an element that could prove problematic as nearly 20 other states consider similar legislation.

Creative Commons License
This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.

Support Truthout's work with a $10/month tax-deductible donation today!
Share         

»


Yana Kunichoff is a Truthout Fellow.

Comments

This forum is moderated by software. Please allow up to 15 minutes for your comments to go live and avoid posting the same comment multiple times.

The immigration issue is

The immigration issue is where I part company with the liberal/progressive group that is now cheering about the court decision in Arizona. This is the only developed country in the world that does not have far more border security than we have here. Beyond that, there is no efficient mechanism in place to deal with the illegals who come here. The talk on the border says: all you have to do is make it across and you are very close to having the same rights, or more, than an American citizen. There is only one reason why this country is committed to this open border policy, and that is a steady supply of cheap labor. Get a clue folks. Racial profiling happens all over the world, and in all of the developed countries, identification and verification procedures far more stringent than the Arizona law have been in place for decades. I think it is time too, that we realize that according to border patrol stats, 20% of those detained at the border are not Mexicans, but Afghans, Pakistanis, Yemenis, and a good cross section from countries who likely are not too thrilled with the US and its role in the current state of global affairs. We are well on our way to becoming a third world country for other reasons--there's no reason to add another. This article is typical of those that completely ignore the larger implications of this issue, instead pandering to some phony "human rights agenda." Again I ask--how about some rights for those of us in this country who are here legally?

"Activists"? You mean covert

"Activists"? You mean covert front men for corporate America. Why do you hate working Americans so much you want to give away their jobs?

Was this just inter-office

Was this just inter-office memo in reality something tangible? ---A DE FACTO AMNESTY BEING DISCUSSED IN WASHINGTON? It’s inevitable--proliferating by word of mouth across Mexico, Latin America and the rest of the world. It could have major consequences, bringing desperate, impoverished millions to suddenly materializing along the border, ready to run the gauntlet of the Border Patrol? Like a human avalanche the first Amnesty was to reward 3 million people with legitimization, but once the word expanded across the globe, the number turned into around 5.5 million. If you think this couldn't happen, you better read about the 1986--AMNESTY?

Our government doesn't seem to understand, taxpayers do not want to subsidize illegal immigrants anymore with health care, education and imprisonment on a federal level. The Arizona is just one state under painful financial strain to support illegal aliens and families? I didn't expect an expedited hearing from the Liberal-Mickey Mouse tribunal (the US Ninth Circuit Court in the Liberal Sanctuary City of San Francisco.) It’s a Liberal fortress like Los Angeles and 72 cities and towns, where illegal aliens gang members have got a slap on the wrist for heinous crimes. The only deadly slaughter that received any transparency from the suppressed Liberal press was the cold blooded murder of the Bolgna family, Daniel Shaw by illegal gang members in LA and SF. Go to OJJPAC for a very long list of states with Sanctuary cities.

One of the major issues are these are unfunded mandates, that fall squarely on Americans who pay for it all. The businesses that hire illegal aliens pay nothing towards these free benefits. As far as I'm concerned I trust (FAIRS) figures of the expenditures of $113 billion dollars a year, with an additional $60 billion in illegal labor money in remittances, money transferred out the country. The fact that any unilateral AMNESTY, means those illegal households will get credit for all the years they have worked illegally, would be a major problem for US citizens and legal residence in Social Security, pensions.

If the administration forced through an executive order for these people to get a free authorization to stay, the American people would rise up in defiance to this travesty. The outcome could cause outburst or violence and civil unrest. Our only chance to stop any more power grabs is to remove all Incumbents. Throw out Sen. Harry Reid, (D-NV) in November. Statistics, cost to learn at NumbersUSA.

PROGRESSIVES REALY HAVE A

PROGRESSIVES REALY HAVE A RACE CENTRIC VIEW..BEING WHITE MOSTLY THEY AND THEIR GUILT ...THINK ITS THEIR CALLING TO SAVE THE DOWN TRODDEN..NOT RECOGNIZING THEIR OWN BIAS AGAINST THEIR OWN RACE..THEY ARE CONVINCED BY THEIR INTELLECTUALISM ONLY THEY POSESS THE TRUTH ..LIKE THE RIGHT THEY ARE DOCTRINARE..AND DECEPTIVE..OF THE TWO THE LEFTS RACISM IS FAR MORE DISTRUCTIVE TO AMERICAS SECURITY..THEY EXHIBIT A SELF HATE THEY ARE UNAWARE OF BUT SURFACES IN THEIR ATTACKS ON THEIR OPPONENTS.

How many of you people in

How many of you people in favor of locking the Arizona border are nt=ative Americans? Because if you aren't you are purely and simply a racist. No immigrations existed in the is country until the last part of the 19th century, when the first immigration law was passed to prevent the workers who had been Shanghaied (hence the word) from China to work on the railroads. As these were completed, many Chinese wanted to stay, and bring their families. That is when the first immigration law was past- pure and simple racism. Quotas were established later, to give Western Europeans almost unlimited access to entry, while Asians and Eastern Europeans were given very small quota numbers. The "yellow" hordes have been replaced by the Mexican poor, but the specter of racism hasn't changed.

How many of you people in

How many of you people in favor of locking the Arizona border are native Americans? Because if you aren't you are purely and simply a racist. No immigrations existed in the is country until the last part of the 19th century, when the first immigration law was passed to prevent the workers who had been Shanghaied (hence the word) from China to work on the railroads. As these were completed, many Chinese wanted to stay, and bring their families. That is when the first immigration law was past- pure and simple racism. Quotas were established later, to give Western Europeans almost unlimited access to entry, while Asians and Eastern Europeans were given very small quota numbers. The "yellow" hordes have been replaced by the Mexican poor, but the specter of racism hasn't changed.

Learn to read history An.

Learn to read history An. American Indians immigrated from Asia. I was born in Texas, so I am a native American. So learn to understand English too. Finally, why must you call people you have never met "racist"? Also, to show you have class, post an apology.

I know people prefer to

I know people prefer to comment than to read about this issue. Here is an eye opener.

http://cis.org/ZogbyPoll-EffectsOfAmnesty

A poll showed that 39 million Mexicans would move here if they could. If amnesty is offered, they will flood across and claim they were here before the law was passed. There are no jobs for them, but as legal residents they can get welfare. That number does not include those in Latin America, Africa and Asia.

Does anyone think amensty would be good for America?

Sat, 07/31/2010 - 16:58 β€”

Sat, 07/31/2010 - 16:58 β€” mainail (not verified)
THANK YOU, THANK YOU You have the most intelligent comment that I've heard in years on a liberal site.

Thank you for all your

Thank you for all your comments re: amnesty. I'm so very happy that so many liberals are seeing the light. Go to NumbersUSA.com for som actually many interesting facts. Also go to cis.org.

I have to say that I wish

I have to say that I wish such impressive demonstrations turned out on behalf of Medicare for this country or pulling out of Afghanistan.

I really wonder about that with the left.

That being said, I support an immigration reform bill, but one that would recognize how this kind of issue develops, and addresses the problems at their root causes. For example, throwing out or drastically changing the trade agreements -- and certainly not entering into more of them -- as with Columbia, which was supported by John McCain in the height of all this hysteria.

Another obvious measure would be going after employers instead of employees. If they issued these biometric ss cards, as addressed by the present administration, employers would have no more excuses, and that could be coupled with greater sanctions for hiring people without legal documents.

However, I don't think you can have this kind of fascist rounding up of millions of people. It is very inhumane and upsetting to a society, not to mention, highly unrealistic. Plus, you are actually exacerbating the problems for Americans caused by this kind of mass influx of cheap labor -- because you continue the situation in which there is a large population of illegal -- and thus, more easily exploitable workers -- who can outcompete citizens for jobs. (I don't agree that "these are jobs Americans won't do." Except to the point that they've so degraded the conditions for the work -- as in the farms in California where they're actually dropping dead in the heat without enough shade or water -- which is unbelievable.)

I think also that immigrants are great Americans. They tend to be among the groups that foster the most positive progress in our society, historically. I think a lot of the fears are unfounded, and just plain prejudice and ignorance.

Nativists say they're just born here, so they're native Americans. But then they want to deny that to the children of immigrants also born here -- or they run their political campaigns on how many generations their white families have been in a state and local community.

I don't believe that's all-American.

It's silly to say the Obama administration is *plotting* to pass an immigration bill. Of course they're trying, just like the Bush administration tried. And there the Republicans are now, suddenly opposed to it, altogether. After they hired so many people in Arizona, of course, having been in control of the state.

"Arizona Injunction a

"Arizona Injunction a Victory, but Not End of the Fight, Activists Say"

yes, a victory for gate crashing illegal aliens. they will continue to fight for the right to come here on their own terms, dictate to us what our rules should be, protest and march in our country waving foreign flags, complaining about us.

Francis, you disgrace our

Francis, you disgrace our name . . . and cheyennebode, you are the one filled with self-hatred; your posts always reek of it. Any and all hateful commenters who want to slam the borders shut need to realize that white people stole this part of the country from Latinos; until you jingoist xenophobes deal with that, the National Guard should just ignore you. As to Native Americans coming from Asia, that's another jingoist non-starter. That was so long ago there wasn't even an Asia yet! Stop cherry picking anthropology from a different geological era!