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Unsustainable Contradictions in Immigration Law

CounterPunch / DissidentVoice / TheRagBlog

By Greg Moses

What’s up with the Mormons? Orem, Utah legislator Stephen Eric Sandstrom last week pledged to follow the lead of “my friend” Arizona State Senator Russell Pearce and expand the number of states with show-me-your-papers bills aiming to criminalize, jail, and deport irregular migrants.

Rep. Sandstrom, who is a graduate of Brigham Young University and a former Mormon missionary to Venezuela, takes credit for co-founding a state’s rights organization called the Patrick Henry Caucus.

Sandstrom’s “friend” Sen. Pearce of Arizona, sponsor of the recently signed SB-1070, hails from the Mormon stronghold of Mesa and claims to be the mastermind behind Maricopa County’s infamous Tent City Jail.

For Pearce and Sandstrom, the crucial issue of liberty in the 21st Century would appear to involve the rights of states in relation to the federal government of the USA–never mind the rights of individual people who reside in those states.

What’s curious about this particular Pearce-Sandstrom movement for state’s rights over individual rights is how it seems to contradict the interests of the Mormon family itself, which has been witnessing an increase in Spanish-speaking congregations.

Last summer, Salt Lake Tribune writer Peggy Fletcher Stack reported increasing fears among Spanish-speaking members of the Mormon Church of Latter- day Saints (LDS) who were concerned about travel restrictions they were facing for missionary work and then-impending implementation of Utah’s anti-migrant law, SB-81. “People are very scared,” said one woman via translator.

“Other than for its missionaries, the LDS Church takes a ‘don’t ask, don’t tell’ approach toward the immigration status of its members,” reported Fletcher Stack. “But some estimate between 50 percent and 75 percent of members in Utah’s 104 Spanish-speaking congregations are undocumented. That includes many bishops, branch presidents, even stake presidents.”

Salt Lake City Police Chief Chris Burbank declared that Utah’s SB-81 would require illegal racial profiling, so he openly refused to enforce the self-contradictory statute. Last week Chief Burbank “blasted” Arizona’s SB-1070, telling KSL NewsRadio talk-show host Doug Wright: “This sets law enforcement back 30 to 40 years.”

Mormon Times Columnist Jerry Earl Johnston shook his head last year in dismay over the unwisdom of the Utah anti-migrant legislation:

“I can only speak from my own LDS experience here, but I hold Utah lawmakers responsible for breaking up good LDS families and forcing young American citizens out of their native land,” wrote Johnston, predicting that victory would not reward the shortsighted anti-migrant forces.

“I could see these Hispanic brethren were going to win,” wrote Johnston. “I could see their faith, resilience and strength. They wanted to be in Utah more than Utah lawmakers wanted them out. They had weathered tribulations with good humor and without malice toward those who persecuted them.”

Meanwhile, in the Mormon stronghold of Mesa, Arizona, represented by SB-1070 sponsor Sen. Pearce, the number of Spanish-speaking LDS congregations had grown from five to 13 between 2002 and 2007 according to East Valley Tribune reporter Sarah N. Lynch.

Last fall, official LDS printing presses in Salt Lake City ran off an approved Spanish-language edition of the Mormon Bible–“The Santa Biblia: Reina-Valera 2009 (Publicada por La Iglesia de Jesucristo de los Santos de los Últimos Días Salt Lake City, Utah, E.U.A.)–with an initial press run of 800,000 copies.

“It is one of the most significant scripture projects ever undertaken by the Church,” proclaimed a notice of Sept. 14, 2009 posted at lds.org. “The volume contains new chapter headings, footnotes and cross-references to all scriptures used by The Church of Jesus Christ of Latter-day Saints.” Announcement of the volume was reportedly shared among “thousands of Spanish-speaking Latter-day Saints congregations.”

Mormon political leaders, like everyone else in today’s global economy, are confronting a real crisis in human welfare. Maricopa County in particular is a frontline disaster zone for the crisis in real estate values, mortgage defaults, unemployment, and revenue shortfalls.

“In Maricopa,” according to an April report from the Bureau of Labor Statistics on Q3 2009 unemployment, “every private industry group except education and health services experienced an employment decline, with construction experiencing the largest decline (-32.2 percent).”

Crisis reveals character. So when Mormon political leaders campaign for agendas of states’ rights according to Patrick Henry rhetorics of “liberty or death,” perhaps their Spanish-speaking LDS brethren can remind them that there are millions of people of goodwill in need of actual freedom-loving legislators in whatever state they have freely chosen to congregate and build up.

Dear Editor,

I am the branch president of one of the Spanish language congregations in Mesa, Arizona to which you made reference in your recent article on Mormons and profiling. I can tell you that there are many in this area (including much of the Anglo population) who truly abhor the things that Russell Pearce is doing and saying to this most vulnerable of people.

I have been the branch President for just about 18 months and we have had over 100 convert baptisms in that period of time. Pearce and his acolytes give the church unwelcomed attention as did ex-governor Evan Mecham. Utah has Chris Buttars and we now have Russell Pearce to thank for giving Arizona Mormons another PR challenge to overcome.

I attach a letter I wrote to Governor Brewer which outlines the shortsightedness of the recently passed legislation. I believe my letter represents the views of the majority of right thinking Mormons in Arizona. We clearly still have some knuckle dragging closet racists in the Church. We pray that they will recognize the evil in their ways.

Thanks,

William R. Richardson
Mesa, AZ

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Law Offices
Richardson & Richardson, P.C.
1745 South Alma School Road
Mesa, Arizona 85210-3010

April 23, 2010

The Honorable Jan Brewer
Governor of Arizona
1700 West Washington
Phoenix, Arizona 85007

Re: Senate Bill 1070

Dear Governor Brewer:

I am a fifth generation native Arizonan, father of six children and a confirmed Republican.
I have been a member of the State Bar for over 26 years and have practiced in the area of
commercial and bankruptcy litigation. I am active in both my religious community and in the
community at large. I have worked with the youth here in the Valley for over 30 years in both
church and youth athletics. I have first hand experience with many, many children of the immigrant
population.

My wife and I had the great opportunity to have in our home a lovely young lady whose
family immigrated from Sinaloa, Mexico. After over approximately fifteen years of residence in
Arizona, her father, who was a productive worker and homeowner, was deported. Because he was
deported, this two earner family could no longer afford to pay the mortgage on the house they were
buying. Thus, the mother who remained, ultimately took her young son (who knew next to nothing
about Mexico) and moved to Mexico.

The father could not find work in Mexico and the mother
could find work that only paid 25¢ an hour. She has had to work 12 hours a day for about three
dollars a day to survive. That meant, naturally, that she was unable to care for her seven year old
son to any reasonable degree. The young lady who lived with me and my family, attended Dobson
High and we paid everything for her including medical, dental, orthodontia, school fees, clothing,
etc. This was a great blessing to us as we saw this young girl blossom with, at last, a little hope in
her life. Oh yes, she’s an American as are most Arizonans – not by virtue of the national origin of
their parents, but by virtue of the 14th Amendment of the Constitution.

This underscores the difficulty that I, and many other right thinking Republicans have with
Russell Pearce, Joe Arpaio and Andrew Thomas and those who espouse their policies. The passage
of Senate Bill 1070 will further a policy that has damaged and will continue to damage the great
State of Arizona. My concerns are as follows:

ARIZONA CHILDREN

By most estimates, there are approximately 400,000 undocumented immigrants in the State
of Arizona. According to the estimates of FAIR, an anti-immigrant website, there are about two births for every undocumented immigrant. That suggests to me that there could be in the
neighborhood of 800,000 young American children who are going to be affected by these policies.
While I am certainly in favor of legal immigration, I think we need to tread lightly when we adopt
policies which will clearly harm the well-being of our most vulnerable of citizens.

I suggest to you that if CPS were to find Arizona children living in Arizona, as they will undoubtably have to live
if their parents are forced to flee to Mexico, the children would be removed and given up for foster
care. In Mexico and other Latin countries, they will have little chance for a decent education, for
proper nutrition, and the list goes on. My personal example is testimony enough for me.

Nobody is focusing on the children. As it is, many American children are not getting
benefits to which they may be entitled because of other recent legislation that requires the parents
to demonstrate their immigration status when approaching state agencies. Parents are simply afraid
to seek the help their children may need.

It seems a foolish thing to create a situation where parents
are not allowed to care properly for their American children. The assumption has always been that
anyone who works hard, studies hard and is a good citizen, should have at least an opportunity to
succeed in our country. Apparently, that supposition does not apply if your parents were not born
here. Perhaps these immigrant parents should drop their children off on the steps of the Capital
Building on their way south so that the tax payers can REALLY take care of them.

ALIENATION OF THE HISPANIC COMMUNITY

It is against my nature, and perhaps yours too, to pander to any group to achieve my personal
goals. However, in the case of the Hispanic population here in Arizona, no pandering is necessary.
Any survey will demonstrate that Hispanics are by and large conservatives to the core. They believe
in hard work and in earning what you receive. They are fiscal conservatives. They have learned to
be so because of their economic situation. If they do not have the cash to buy something, they do
not buy it. Although a certain amount of this attitude stems from the fact that many Hispanics have
little in the way of credit and that many have no bank accounts, the principle of “pay as you go” is
firmly rooted in our Hispanic neighbors.

Hispanics are very family oriented and hold tight to their
religious teachings. They have large families and are taught the values that come from tightly knit
family units. They are firmly in favor of traditional marriage as well and recognize the value of a
father and a mother in raising children in these days of licentiousness and depravity.
The question is why would we alienate such a constituency that supports our Republican
values.

The legislation that is before you will do just that. It will alienate a population that in very
short order will carry a very strong and influential voice in Arizona as children of the immigrant
population reach voting age. Adoption of Senate Bill 1070 will drive away an otherwise
conservative constituency that the Republican party needs if the Republican agenda is to be
implemented in Arizona in the future. We need to address immigration problems but not this way.

COST

Our police officers and our cities are already burdened financially. There is hardly enough
money to keep them going let alone impose additional costly procedures.

IMPRACTICALITY AND UNFAIRNESS

My family and my children have many Hispanic friends. The way the current bill reads, I
must now act as an undeputized immigration officer or risk arrest or impoundment of my vehicle
if I transport an undocumented immigrant – even a friend.

I note that this provision applies to anybody who is “in violation of a criminal offense.” This
language could ostensibly apply to one who has violated a city building code by installing sprinklers
without a permit. The statute does not limit itself to c
rimes that relate to transportat
ion. Moreover,
this statute will allow impoundment of vehicles if, for example, someone has committed speeding
and other traffic offenses which may arise to varying degrees of “criminal” activity but which most
citizens would not think serious enough to have their cars impounded. This is simply a punishment
that does not fit the crime.

Am I now required to investigate the
immigration status of anyone to whom I give a ride? There are exclusions for emergency vehicles,
but what about all of the Valley’s bus drivers and the light rail? How about the little league and
softball coaches in some of the poorer areas of town? Do they now need riders to provide proof of
citizenship before they can give a ride to a kid?

VAGUE AND OVER ENCOMPASSING LANGUAGE

My dad is a former Senator from Graham County, a former County Attorney and a member
of the State Bar since 1940. He is 92 years old. Under the bill in question, he could only be
presumed “not [to] be an alien who is unlawfully present” in Arizona only if he can show
identification. He has none of the required identification. While the reverse presumption is not
stated, the application of the statute will no doubt require the opposite assumption. The same
difficulty will arise for all of our northern winter visitors who have none of the four required forms
of identification.

VIOLATION OF FEDERAL LAWS

New section 13-1509 will surely be voided by the federal courts. It imposes on immigrants
requirements that are far beyond what can be required under federal immigration law. The federal
courts that have decided this issue have universally held that such requirements are pre-empted by federal law. See, e.g., Villas at Parkside Partners v. The City of Farmers Branch, No. 3:08 CV-1551-B (March 24, 2010, N.D. Tex.)(requirement of local residential occupancy license which
could only be issued to citizens or legal residents).

MEAN SPRIRITEDNESS

Despite what the polls say, those in my social and economic sphere do not believe there is
any reason for this legislation other than to make Arizona unfriendly to undocumented immigrants
and their families. This very factor was one of the considerations of the Texas Court seized upon
in invalidating that city’s not so veiled attempt to enforce immigration laws in their own unfriendly
way.

What is being practiced here is nothing more than bullying – and bullying with undertones
of class and racial bias. One need only look at the websites of FAIR and other immigrant bashing
organizations to see a clear bias for all but the white middle class. Indeed, many of these sites
argue as did the “Know Nothings” of the nineteenth century, that the goal was less about
immigration, and more about thwarting any unwelcome change in the culture of the era. The Know Nothing Party was especially hostile to the Irish and to the Catholics.

THE ECONOMY

I live in an upscale neighborhood in West Mesa. A short five minutes north of where I live,
there are many, many apartments. The apartments are largely unoccupied due the flight of many
immigrants who used to live and shopp in the area. Basha’s had to file for bankruptcy relief
because the sales in its Food City stores suffered due to all the immigrant bashing and the
consequent movement of many immigrants to other states.

Even the conservative CATO institute has (for at least the second time) determined through an extensive study, that immigrants are a net
boon to our economy. This is so even though they do use some educational and medical services. See: “Restriction or Legalization? Measuring the Economic Benefits of Immigration Reform,” by Peter B. Dixon and Maureen T. Rimmer, Trade Policy Analysis no. 40, August 13, 2009.

CONCLUSION

I am sure that this letter is too long for you to read personally. However, the hope that a
staffer might read it and convey even a portion of my thoughts, is enough for me to make the effort.
I will fight with my time, my voice and my money those who, for no other reason that they can
bully others, continue to oppress the parents of so many American children.

Close the borders. Seek sensible resolutions to the immigration mess that we have. But please do not frighten the children any more and don’t let a bunch of insensitive knuckleheads at the legislature intimidate you.

There is a large part of the Republican party who is tired of Pearce and his acolytes and that number is
growing.

Thank you for considering my thoughts.

Very truly yours,

William R. Richardson

cc: Senator Jay Tibshraeny
Representative Warde Nichols
Representative Steve Yarborough

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Editor’s Note: Letter posted with permission of author; formatted for web presentation from pdf original; some paragraph breaks added for readability; and notes incorporated into text.–gm

Texas Governor says Arizona approach not Right for Texas

I fully recognize and support a state’s right and obligation to protect its citizens, but I have concerns with portions of the law passed in Arizona and believe it would not be the right direction for Texas.

For example, some aspects of the law turn law enforcement officers into immigration officials by requiring them to determine immigration status during any lawful contact with a suspected alien, taking them away from their existing law enforcement duties, which are critical to keeping citizens safe.

Our focus must continue to be on the criminal elements involved with conducting criminal acts against Texans and their property. I will continue to work with the legislative leadership to develop strategies that are appropriate for Texas.

–Excerpt from statement by Texas Gov. Rick Perry (April 29, 2010)

Here’s a snip from PhD candidate Matthew Crow’s response to the sacking of Thomas Jefferson by the Texas State Board of Ed–gm

At the time of this writing, the plan of the board is to replace Jefferson with John Calvin, Thomas Aquinas, and William Blackstone. Especially in light of the prevalence of religious fervor today and the consequent growth of writing religious history, Calvin is actually the most timely and interesting suggestion. He should have been on the list anyway, provided we include outbursts of revolutionary politics before the eighteenth and nineteenth centuries, like the Dutch Revolt, the English Civil War, and the Glorious Revolution of 1688.

Aquinas, a Catholic cosmologist and political philosopher who lived in the thirteenth century, while certainly an important part of the history of natural law ideas, was simply not the source of the arguments about natural rights that emerged out of the American and French Revolutions at the end of the 1700s. Americans of the time, by and large, would hardly have had, nor wanted to have had, recourse to the writings of a medieval Dominican friar.

Blackstone, the great English jurist, systematized the development of parliamentary sovereignty in the constitution of the British Empire in his massive Commentaries on the Laws of England, published in four volumes between 1765 and 1769. A powerful critic of colonial claims to enjoy the rights of Englishmen, he would no doubt be shocked to find himself remembered in the tender young minds of the Lone Star State for supporting and influencing revolutionary claims against the authority of law and government, concerned as he was to use both natural and common law arguments to curtail claims of customary and natural rights. Greater familiarity with British constitutionalism would be a favorable improvement in historical education. But a fountain of revolutionary fervor Blackstone was not, nor would his Commentaries be my first choice for high school summer reading.

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Finally, to conclude a night’s wayward browsing on topics of Calvinism, Christianity, and Fascism, we clip two paragraphs of a theological commentary by Richard T. Hughes at The Huffington Post

We want now to offer some possible ways to resolve the riddle, posed in part 1 of this article, of why so many evangelical and fundamentalist Christians — people who clearly honor the Bible — so often disregard the two requirements that are central to the biblical vision of the kingdom of God, namely peacemaking and justice for the poor.

Most of the answers to this riddle are rooted in the fact that millions of conservative Christians in the United States read the Bible through a variety of American perspectives that are utterly foreign to the biblical text. And they read the Bible in this way because they so often identify the kingdom of God with the United States of America. Based on that conviction, many confuse the principles of the Bible with the principles of the Constitution, biblical morality with capitalism, defense of the Christian religion with militarism, and fidelity to the kingdom of God with patriotism. Indeed, they often view the Bible as a manual on how to live one’s life as a good American. With those convictions, it’s no wonder they read the Bible through distinctly American perspectives.

The Democratic candidate for Texas Governor Bill White on Wednesday complained in an email to supporters that incumbent Governor Rick Perry was not asserting leadership for a more “mainstream” approach to school standards.

“I respect the sincerity of Texans who hold different views of what our students should and should not be taught,” said the email from White’s campaign. “But we should have a governor who finds common ground and moves our state forward, rather than appeasing people intent on pursuing partisan agendas in public offices.”

White’s objection to the cultural extremism of Anglo Republicans on the Texas State Board of Education–who last week dismissed Thomas Jefferson from the standard curriculum on Enlightenment–echoes a theme that he introduced when lamenting the Anglo bias of Republican voters during the March primary election. Republican voters ousted the sitting Chair of the Texas Railroad Commission because he had a Hispanic name.

If White, who served as Houston Mayor, can wage a campaign of urban tolerance vs. suburban cultural supremacy, he may be able to motivate a winning moderate-liberal coalition against Perry in the November elections.

However, the morning headlines out of Houston suggest that White is already on the ropes at the start of an eight-month campaign. While Mayor of Houston he also served on the board of directors for a “fracking” company, BJ Services, that has apparently admitted to federal investigators that it injected diesel into the ground near water supplies after promising not to.

Foul water or cultural extremism? We’re betting that the ghost of Thomas Jefferson is happy to be relieved of responsibility for this sort of history, whatever you want to call it or whichever way it goes.–gm