ndlon: Page 1
Supreme Court upholds 2007 Arizona immigration enforcement law; eVerify; losing: US Chamber, DOJ, Berman, NCLR, ADL, SPLC, AILA, SEIU, LULAC - 05/26/11
In a major victory for states that want to reduce illegal immigration, the US Supreme Court has upheld Arizona's 2007 "Legal Arizona Workers Act" employer enforcement law that requires the use of eVerify and that allows Arizona to pull the business licenses of companies that knowingly hire illegal aliens. Note that the 2007 law and the decision have no relation to Arizona's more recent immigration law. A Los Angeles Times article is here, and links to legal documents are here. Sonia Sotomayor voted in dissent; see her name's link.
Others who filed briefs in the case and who lost today include (see each link for more on that group):
* Rep. Howard Berman
* National Council of La Raza
* Anti Defamation League
* American Immigration Lawyers Association
* PRLDEF (a former associated group of Sotomayor)
* Lawyers Committee for Civil Rights Under Law (a former associated group of Barack Obama)
* Southern Poverty Law Center
* Service Employees International Union
* National Day Laborer Organizing Network(NDLON)
* National Immigrant Justice Center
* American Immigration Council
* Asian American Justice Center
* Asian American Institute
* Asian American Legal Defense and Education Fund
* Asian Law Caucus
* Asian Pacific American Legal Center of Southern California
* League of United Latin American Citizens
* Legal Aid Society
* Los Abogados Hispanic Bar Association
* National Employment Law Project
Others on the losing side were former senator Arlen Specter and Ron Mazzoli (of the 1986 Simpson-Mazzoli amnesty fame).
UPDATE: Thomas Saenz of MALDEF (which doesn't appear to have been involved in the suit) weighs in. He got one thing right: just because the 2007 law was upheld doesn't mean SB 1070 will prevail. In my opinion, states should just simply copy Arizona's 2007 law for now.
In any case, here's what Saenz says (maldef.org/news/releases/az_evrfy):
"Today's regrettable decision in Chamber of Commerce v. Whiting is a tortured product of judicial activism responding to perceived political views of the moment. The majority proclaims itself unable to find implied preemption of an Arizona law that plainly impedes a federal scheme of exclusive enforcement of longstanding immigration-related employment law, and then, with a facile shift, easily finds an implied permission for Arizona to mandate E-verify, a power that Congress denied the federal government itself. All of this is accomplished through providing talismanic significance to the word 'licensing' even though Arizona's use of the term violates any plain-language or historical understanding of the term."
"Despite this egregious outcome, today's decision provides little predictive value as to the constitutional issue of preemption with respect to Arizona's SB 1070 and similar laws recently enacted in other states. Laws that encroach on exclusive federal immigration enforcement by mandating or permitting untrained local police officers to engage in racial profiling will find little refuge in today's decision. Wise state and local lawmakers must continue to tread carefully in areas touching on immigration. As has been the case for well over 200 years, federal action remains the sole legitimate avenue to address immigration issues."
UPDATE 2: The ADL weighs in with a bit of a muted press release (adl.org/PresRele/SupremeCourt_33/6050_33.htm). They're "disappointed":
The law increases the legal risks for businesses that employ undocumented workers but fails to provide sufficient \safeguards to protect those workers against unlawful treatment. It undermines federal efforts to balance discrimination concerns with control of illegal immigration.
The Arizona law also requires state use of E-Verify – a federal pilot program that allows employers to verify the eligibility of newly-hired employees – even though the program relies on records that are prone to error. That is one reason Congress has decided to hold off on making participation in the program mandatory.
Although the Court has upheld Arizona's law, we hope other states will show greater concern for the potentially discriminatory impact such laws can have, and choose not to follow Arizona's lead.
And, I hope they do follow Arizona's lead. We'll see how that works out; I tend to think several will.
A federal appeals court on Wednesday upheld the city of Redondo Beach's ordinance allowing for the arrest of day laborers who approach automobiles soliciting work.
A divided three-judge panel of the 9th U.S. Circuit Court of Appeals reversed a lower-court decision.
The appeals court said the city's ordinance, modeled after a Phoenix law upheld by the same court, was a reasonable response to traffic problems that officials said day laborers soliciting work caused at two city intersections. The 2-1 majority noted that Redondo Beach allowed the day laborers an alternative forum to seek work such as passing out literature on sidewalks and in parking lots.
Backstory here, here, here, and here. Note that one of the groups challenging the law at those links was MALDEF; the last note on their page about the case mentions the appeal: preview.maldef.org/immigration/litigation/redondobeach_v_jornaleros
Note also that MALDEF is among those challenging the new Arizona immigration law, and that Arizona's law contains provisions similar in spirit to those in the Redondo Beach law. At the very least this decision won't make MALDEF, the American Civil Liberties Union, and others feel good, and it might have a bearing on challenges to the Arizona law.
UPDATE: The full text is here. Aside from MALDEF, two other groups involved in the case were the National Day Laborer Organizing Network (NDLON) and the Lawyers Committee for Civil Rights. Barack Obama was involved with the second group years ago.
The "Secure Communities" program from the Department of Homeland Security is Janet Napolitano's kinder, gentler alternative to the 287g program. That's not good enough for the far-left (link). Yesterday they released the following:
[T]he National Day Laborer Organizing Network (NDLON), the Center for Constitutional Rights (CCR) and the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law (of Yeshiva University) filed a lawsuit demanding records related to the little-known United States Immigration and Customs Enforcement Agency (ICE) "Secure Communities" program that further involves local and state police in federal immigration enforcement. The filing also marks the launch of "Uncovering the Truth," a weeklong national campaign of coordinated actions and advocacy in more than ten cities to end ICE-police collaboration.
"The passage of S.B. 1070 in Arizona should be proof enough of the dangerous and disastrous nature of ICE-police collaboration programs like the so-called Secure Communities program," said Pablo Alvarado, NDLON Executive Director. "The President should heed his own advice and act responsibly by reclaiming the federal government's exclusive authority over the nation's immigration laws. By terminating all police and ICE partnerships, the President can help restore community safety and protect civil rights and due process for all."
At the same time as the far-left opposes almost any form of immigration enforcement, they also push comprehensive immigration reform. The latter is sold as having... increased enforcement, and the far-left promotes it in completely bad faith: if it passes, they'll oppose its enforcement provisions just as they oppose enforcement now.
Growing ranks of U.S. citizens are heading to street corners and home improvement store parking lots to find day-labor work usually done by illegal immigrants.
"You had many, many unemployed construction workers who found themselves without any permanent or stable work," he says. "Some of them have gone on to seek employment by standing on street corners alongside immigrant workers."
..."It's becoming more ethnically diverse. On the corners, I've seen white people, I've seen African Americans and a lot of Mexican Americans," says Pablo Alvarado, executive director of the National Day Laborer Organizing Network (NDLON). "When unemployment benefits run out, I expect to see more."
...Citizens are replacing immigrant day laborers who had trouble finding work and returned to their home countries, says Antonio Bernabe, senior organizer of the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA).
An earlier study from Valenzuela found that about 75% of day laborers are illegal aliens, although there are regional variations. That means that doing immigration enforcement would open up more jobs for American citizens. However, the last two groups and the Department of Homeland Security itself don't really have much of an interest in doing that.
Using this article as a starting point would be a good way to embarrass a DHS official over their failure to enforce the law in order to reduce U.S. unemployment.
DOJ investigating Sheriff Joe Arpaio over supposed racial profiling (Lofgren, Conyers, Nadler, Robert Scott, ACORN) - 03/12/09
The Department of Justice (DOJ) has launched an investigation of the Maricopa County Sheriff's Office in Arizona following requests by congressional Democrats and allegations by liberal activists that the department has violated the civil rights of illegal aliens.
Reps. John Conyers (D-Mich.), Jerrold Nadler (D-N.Y.), Zoe Lofgren (D-Calif.), and Robert Scott (D-Va.) requested the investigation, and activists groups such as (National Day Laborer Organizing Network, NDLON) and ACORN launched petition drives and rallies in support of the probe.
The investigation focuses on Sheriff Joe Arpaio and dozens of officers under his command who were trained through the Department of Homeland Security's Immigration and Customs Enforcement's Agreements of Cooperation in Communities to Enhance Safety and Security (ACCESS), which partners federal and local law enforcement to enforce immigration laws...
National Latino Congreso: "No Human Being is Illegal", Nativo Lopez, Gil Cedillo, Kucinich, Cuban Five, Fairness Doctrine, and more! - 10/07/07
The 2nd annual "National Latino Congreso" - a meeting of hundreds of "Latino organizational leaders, elected officials, and activists at all levels" is currently underway in Los Angeles (latinocongreso.org). Yesterday, Anna Gorman of the Los Angeles Times offered a whitewashed report here. Let's take a look at the groups involved and some of the loony resolutions that were passed. Expect the MSM coverage to be in line with Gorman's report: it will completely cover for far-left racial demagogues and avoid mentioning the loony resolutions.
Their "conveners' include:
* League of United Latin American Citizens
* Mexican American Legal Defense and Educational Fund (indirect link to the Mexican government)
* National Alliance of Latin American and Caribbean Communities (NALACC)
* National Day Laborer Organizing Network
* Southwest Voter Registration Education Project
* William C. Velasquez Institute
Their "co-conveners" include the California Nurses Association, Hermandad Mexicana Latinoamericana, and the Mexican American Political Association. Both the latter are associated with Nativo Lopez. They have 226 "endorsers", so discussing all of those would take a lot of time. But, one is the Communist Party USA, and most of the rest are far-left racial power groups.
The sheer number and sheer idiocy of the resolutions that were approved makes them likewise too difficult to cover in detail, however, they include:
* "No Human Being is Illegal" by Raul Anorve of "Instituto de Educacion Popular del Sur de California" (latinocongreso.org/resolutions07approved.php?id=41). If it were made U.S. law we would have literally open borders since we couldn't conduct immigration raids anymore and illegal aliens would have "full civil rights". It contains several grammatical mistakes and ends with:
THEREFORE BE IT RESOLVED that the that organizations represented by delegates of the 2007 National Latino Congreso urge the United States pass socially just legalization, including full labor and civil rights protections and family reunification; to place a moratorium on immigration raids, detentions and deportations, as well as their eventual abolition; and... [the NLC urges] the United States demilitarize the border, immigration control, and end immigration-police collaboration; to support initiatives and policies that ensure healthy and stable communities, including living wage jobs for all immigrants, working people and people of color... [the NLC urges] the United States redistribute funding and resources away from prison-building, policing and criminalization to social, health and education services, family reunification, ending the backlog in visas and applications for permanent residency and citizenship, and full civil and labor rights protections for all persons, regardless of their immigration or citizenship status.
Bear in mind: they approved that and all the other resolutions to be discussed.
* "Resolution to Urge the Bush Administration to Halt Immigration Raids" by Pablo Martinez of New Mexico LULAC (latinocongreso.org/resolutions07approved.php?id=22). It's moderate by comparison to the last, but that's not saying much.
* "Resolution to Urge Congress to Repeal 287 (g) and Restructure Federal Funding to Target Drug Enforcement Operations and Place a Civilian Oversight Committee" by ibid (latinocongreso.org/resolutions07approved.php?id=21).
* "Fair, Humane and Rational Immigration Reform" by Nativo Lopez of Mexican American Political Association (MAPA) (latinocongreso.org/resolutions07approved.php?id=45). As you might guess, it's a very bad idea, and includes him calling for enactment of the "Unity Blueprint for Immigration Reform".
* "Resolution on the Five Cuban Political Prisoners" by Alicia Jrapko of the International Committee for the Freedom of the Cuban Five (latinocongreso.org/resolutions07approved.php?id=12). When I said far-left, I meant it.
* "Support for Puerto Rico Self Determination" by Pablo Martinez of LULAC (latinocongreso.org/resolutions07approved.php?id=96).
* "Unconstitutional Towing and Driver's License Resolution" by Gil Cedillo (latinocongreso.org/resolutions07approved.php?id=26). It uses that possibly inaccurate recitation of events as a vehicle to support driver's licenses for illegal aliens; I wonder why they didn't just come right out and support that explicitly.
* "Decreasing the National Hispanic Dropout Rate Supporting the DREAM Act" by Luis Avila of the Somos America Coalition (latinocongreso.org/resolutions07approved.php?id=129).
* "Restore the Fairness Doctrine Act", ibid, (latinocongreso.org/resolutions07approved.php?id=126).
* "RESOLUTION TO DEMAND THAT THE U.S. SUPREME COURT HEAR THE CASE OF THE U.S. CITIZEN CHILDREN OF UNDOCUMENTED PARENTS" from Mr. Emma Lozano [sic] supposedly of the National Day Laborer Organizing Network (latinocongreso.org/resolutions07approved.php?id=125). She may be a part of that group, or that might be a mistake; the URL is to somosunpueblo (with an extra 's'):
[The NLC demands] that the U.S Supreme Court hear the Class Action Suit of the 5 million U.S. Citizen Children to prevent the enforcement of the removal of their parents fro the United States without first giving the children a fair opportunity to obtain a remedy for their hardship and redress for the implicit violation of their civil rights.
* 'Formal Position and Statement Denouncing Vigilantism of the "Minutemen Project"' by Yuri Jimenez of Kucinich For President 2008 (latinocongreso.org/resolutions07approved.php?id=62):
WHEREAS the Minutemen Project encourages and incites hatred, violence, racism and discrimination in border States... THEREFORE BE IT RESOLVED that the organizations represented by delegates of the 2007 National Latino Congreso formally denounce the Minutemen Project, and further declare their position that the Project promotes violence, hatred, racism and discrimination which are not representative traits of the honorable and just American society that has a rich legacy of immigration and inclusiveness.
The other Kucinich resolution approved condemned Maricopa County Sheriff Joe Arpaio's illegal immigration hotline (latinocongreso.org/resolutions07approved.php?id=56).
Members of the National Day Laborer Organizing Network (NDLON) are currently protesting in front of KFI-AM Los Angeles, specifically relating to the immigration coverage offered by hosts John and Ken. They apparently have friends from the religious community with them, and they're trying to attach their pro-illegal immigration efforts to the civil rights struggles from the 60s. They chanted "KFI stop the hate" and held a moment of silence.