Arizona

On a beautiful Sunday afternoon just a few weeks ago, a friend of mine courageously crawled under a Border Patrol truck. And he wasn't changing the oil. Raúl Alcaraz Ochoa was riding his bike to work when he came upon a scene that is all too common in southern Arizona, where racial profiling by the Tucson Police Department is permitted through the notorious legislation SB1070 and Border Patrol roam our streets. Multiple police cars and Border Patrol trucks were surrounding a vehicle apparently pulled over for traffic violation. When Raúl arrived, he saw five children crying for their father and a pregnant woman sitting terrified in the vehicle. Handcuffed and being transferred to Border Patrol custody was a Latino man named René.

Raúl had to think and act quickly, and he crawled under the Border Patrol truck. He began sending texts that spread quickly throughout a community protection network designed to alert community members and advocates about raids, abuse, and racial profiling by immigration and law enforcement. Media and supporters responded within minutes, just as Raúl was pepper sprayed, Tazed, and pulled out from under the vehicle. Both men spent the night in custody, and public demands were widespread for their release. While Raúl was released the next day, top officials of Border Patrol and the Department of Homeland Security ignored pleas for René to rejoin his family, and he was promptly deported to Mexico.

Candles burn near the bloodstained concrete sidewalk where a youth was tragically killed when more than a dozen bullets shot across the wall into the Mexican bordertown. I've walked that sidewalk running parallel to the border wall and Calle Internacional in Nogales, Sonora possibly hundreds of times. It is with this intimate awareness of the context that I describe how recent deaths in the name of homeland security are an affront to all families of the borderlands. 

Four deaths in six weeks across the border region, one common offender

On the evening of Oct. 10 U.S. Border Patrol agents shot and killed 16-year old José Antonio Elena Rodriguez. The shots were fired through the paneled border wall in Nogales hitting José Antonio in the back seven-to-eight times. The agents allege the boy was involved in rock throwing. For more detailed description of the circumstances, see this article.

About a week earlier, Border Patrol agent Nicolas Ivie, 30, was killed in Naco, another Arizona border town just east of Nogales, when a fellow U.S. agent searching for smugglers mistakenly opened fire. Agent Ivie has a wife and two young daughters who live in southern Arizona, and the family is publicly fundraising to survive without him.

President Barack Obama recently announced a policy change that would let young people living in the U.S. without immigration status pursue an education and find meaningful work without fear of deportation. As communities continue to suffer the effects of the country’s broken immigration system and families live in fear of their loved ones being deported, this was news to celebrate and an answer to prayer.

Apparently Jan Brewer, the governor of Arizona, had a different reaction to the compassion and progress embodied by this new policy. On the day it went into effect, Brewer issued an executive order denying driver’s licenses to young people in Arizona qualifying for the relief being offered by the federal government. 

Last month, the Supreme Court struck down three of the four provisions of SB 1070, Arizona’s harsh anti-immigrant law. Now civil rights groups are going after the remaining provision—what many call, the “show me your papers” or “papers please” clause.

Of concern to these groups, along with many leaders in the faith community, is that the law will lead to people being targeted by law enforcement solely because of their race. As Luis Gutierrez (D – Ill.) explains:

"For our young C-SPAN [viewers]: Justin Bieber and Selena Gomez … have overcome their very different national origins and became apparently a happy couple. I’m sure Justin helped Gomez learn all about American customs and feel more at home in her adopted country.

"Oh wait a minute, I’m sorry," he continued. "Because I’m not a trained Arizona official, I somehow got that backwards. Actually, Ms. Gomez, of Texas, has helped Mr. Bieber, of Canada, learn all about his adopted country. Justin, when you perform in Phoenix, remember to bring your papers."

Both sides have been spinning and claiming victory in Monday’s Supreme Court ruling on Arizona’s now infamous immigration legislation SB 1070. Not surprisingly the Court ruled on the side of federal supremacy, striking down three out of four measures in the Arizona legislation, but upholding the right of local law enforcement to demand “papers” if they believe someone is undocumented.

Since the 2008 failure to move comprehensive immigration reform and last year’s disappointment on the Dream Act, the immigration reform movement has had trouble getting any “air-time” in a country that is rightfully concerned about financial recession. However, the 2012 election and a strategically placed Hispanic electorate in key swing states has candidates talking about immigration anew since the GOP primaries.

There has for some time been a larger strategy at play here that I will bluntly call “evil.” 

For CNN, Allison Brennan writes:

"After two years of protests, boycotts and lawsuits over Arizona's immigration law, Monday's Supreme Court decision leaves the state of immigration reform almost unchanged with states frustrated and Congress avoiding the debate. "I would guess [Congress] won't touch this with a 10-foot pole until after they come back after the election," Charles H. Kuck, managing partner at Kuck Immigration Partners in Atlanta, told CNN."

Read her full analysis here

Today the Supreme Court struck down three central provisions of Arizona’s controversial anti-immigrant law, SB 1070. Attempts by Arizona to force immigrants to carry identification, create legal penalties for undocumented workers seeking employment, or detain individuals solely based on suspicions about their immigration status were ruled to interfere with the federal government’s right and responsibility to set immigration policy.

The Court let one section, known as 2(B), to stand, which allows law enforcement to check the immigration status of individuals apprehended for non-immigration offenses, if law enforcement has a “reasonable suspicion” that the person violated U.S. immigration laws in entering the country. (Read more on concerns about the racial profiling measure HERE.)

The future of Arizona’s immigration law, and by extension the laws in a number of other states modeled on it, was argued before the Supreme Court this morning. While it’s always dangerous to read too much into the questioning during the oral argument, early news reports indicate that the justices were sympathetic  to the provision allowing police officers to check the immigration status of people who are arrested or otherwise detained.

According to the Associated Press: 

"Liberal and conservative justices reacted skeptically to the Obama administration's argument that the state exceeded its authority when it made the records check, and another provision allowing suspected illegal immigrants to be arrested without a warrant, part of the Arizona law aimed at driving illegal immigrants elsewhere."

The Court’s decision is expected in June, and could become an important issue in the presidential election campaign.

Key stories are HERE, HERE, and HERE.

My adoptive dad’s family goes back five generations in Mississippi. They endured the most ruthless lashes of American slavery and the most brutal state-sponsored terrorism during the Jim Crow legal regime. In fact, my dad personally had a brush with the Klan as a child. The Ku Klux Klan broke up an evening meeting at his grandparents’ church in the early 1950s. He doesn’t remember much about the night, except the terror. In his adult years, he looks back and realizes they were probably organizing.

Organizing… in Mississippi… before Rosa Parks said “No” in Montgomery, Ala. My grandparents were organizing.

Yet even my family history—along with images of sneering white southerners during the desegregation of Little Rock High School, complicit whites riding near-empty buses during the Montgomery bus boycott, and white officers hosing down black children in Birmingham, Alabama—did not prepare me for what I encountered when I traveled to Montgomery, Alabama, last month.

I boarded a plane in Washington, D.C., to fly to Montgomery early on December 17. There I would conduct Sojourners Organizing training for Immigration Reform in partnership with the Greater Birmingham Ministries (GBM), a faith-based organization dedicated to building more just communities and systems in Alabama.