Immigration

PFAW Sends Letters to GOP Leaders Urging them to Denounce Fischer, Skip Values Voter Summit

People For's President, Michael Keegan, sent the following letter today to Virginia Governor Bob McDonnell, Minnesota Governor Tim Pawlenty, Minnesota Rep. Michele Bachmann, Indiana Rep. Mike Pence, former Arkansas Governor Mike Huckabee, and former Massachusetts Governor Mitt Romney, and Delaware Senate candidate Christine O'Donnell, all of whom are scheduled to appear this weekend at the Values Voter Summit, alongside the virulently anti-Muslim and anti-gay Bryan Fischer.

Dear ________:

I am writing to express my concern about your appearance this weekend at the upcoming Values Voter Summit. Among the participants this weekend will be Bryan Fischer of the American Family Association. We urge you to publically denounce Fischer’s record of hate speech and extremism, and reconsider appearing beside him this weekend.

People For’s RightWingWatch.org blog has tracked Fischer’s career over the past several years. His long and prolific record of hate speech and extremism includes the following recent statements. Just in the past year, Fischer has:

I am attaching the names of over 6,500 concerned citizens who have signed the following letter regarding your participation in the summit:

Values Voter Summit Participants:

Reasonable people can, and do, have reasonable differences of opinion. Bryan Fischer, of the American Family Association, is not a reasonable person.

By sharing a stage with Fischer at this year's Values Voter Summit, public figures acknowledge the credibility of his shameless anti-Muslim and anti-gay propaganda. Any candidate thinking seriously of running for president in 2012 should think twice about standing alongside a man who has called for the deportation of all Muslims in America; insulted Muslim servicemembers; claimed that brave Americans died in vain because Iraq was not converted to Christianity; and called gay people deviants, felons, pedophiles and terrorists. Bryan Fischer is no mainstream conservative. And neither is any person who shares a platform with him while refusing to denounce his hate-filled propaganda.

We urge you to denounce Fischer's extremism and separate yourself from his comments.

For more background on Fischer’s extreme rhetoric, please click here.

Fischer’s appearance with conservative leaders such as yourself lends his extreme hate speech credibility. We urge you to publicly denounce Fischer’s record and to think twice about sharing the stage with him.

Sincerely,

Michael B. Keegan
President, People For the American Way

 

PFAW

Important votes next week on DADT, DREAM, and secret holds

It could be a big week next week for the Senate. When Majority Leader Reid brings the FY 2011 Defense authorization bill to the floor, we are likely to see consideration of Don’t Ask, Don’t Tell, the DREAM Act, and secret holds.

Don’t Ask, Don’t Tell. According to PFAW’s Michael B. Keegan and Marge Baker, “Don’t Ask, Don’t Tell runs counter to the honesty and integrity we associate with the armed forces, not to mention the values of equality and freedom of expression espoused by our Constitution.” AAMIA’s Reverend Timothy McDonald, III and Reverend Dr. Robert P. Shine agree that LGBT individuals “share in the sacrifices made by their family, friends, and neighbors. They deserve to serve honestly and openly with dignity.” Conditional repeal passed as an amendment to the FY 2011 Defense authorization bill on the House floor and in the Senate Armed Services Committee. Now that the bill is coming to the Senate floor, repeal opponents may get a chance to modify that language or remove it entirely. We want to make sure that the current language remains intact as the bill goes into conference and eventually heads to the President’s desk.

The DREAM Act. Earlier this year, PFAW urged the Senate to take action on comprehensive immigration reform (CIR). And we urged both chambers to recognize LGBT families in their work. We have also been longtime supporters of the DREAM Act, a bill that would grant children of undocumented immigrants the opportunity to earn legal permanent resident status in the US. It may now see light of day as an amendment to the FY 2011 Defense authorization bill. Senators should take this opportunity to send a clear message that expanding access to higher education for these children – and for anyone – benefits them, benefits our economy, and benefits our country.

Secret holds. PFAW has been a staunch defender of Senate rules and procedure against unprecedented obstruction. Senator Wyden has also taken up this cause. He joined with Senators Grassley, McCaskill, Murray, and Sherrod Brown to introduce the Secret Holds Elimination Act, a bill that would require public disclosure of all objections. Attempts were made this summer to push such disclosure, and another is expected within the FY 2011 Defense authorization bill. No single Senator should be able to stop legislation or nominations without at least some measure of transparency and accountability.

These are not the only issues we’ll be monitoring next week, but they are three on which we expect votes. Please contact your Senators now.

PFAW

Appeals Court Strikes Down Hazleton, PA Immigration Law

Hazleton, Pennsylvania in many ways pioneered the trend of sweeping, discriminatory, and impractical state and local immigration enforcement laws.

And, like the recent Arizona law that followed in its ideological footsteps, Hazleton’s law requiring businesses and landlords to act as immigration enforcement officials hasn’t been too popular with the courts.

Today, the 3rd Circuit Court of Appeals affirmed the large part of a lower court ruling that struck down the law, holding that Hazleton was interfering with the federal government’s exclusive responsibility to enforce immigration laws.

In July, a federal judge blocked portions of Arizona’s new draconian anti-immigrant law from taking effect because of similar concerns about the state government trying to take on the federal government’s role.

The question of whose jurisdiction immigration enforcement practices fall under isn’t purely technical. The 3rd Circuit decision offered up the example [PDF] of Hazleton’s requirement that landlords check the immigration status of tenants before renting to them:


Although the federal government does not intend for aliens here unlawfully to be harbored, it has never evidenced an intent for them to go homeless…Common sense, of course, suggests that Hazleton has absolutely no interest in reducing aliens without legal status to homelessness either. No municipality would benefit from forcing any group of residents (“legal” or “illegal”) onto its streets. Rather, it appears plain that the purpose of these housing provisions is to ensure that aliens lacking legal immigration status reside somewhere other than Hazleton. It is this power to effectively prohibit residency based on immigration status that is so clearly within the exclusive domain of the federal government.

Laws like Hazleton’s and Arizona’s make those places as hostile as possible to immigrants both legal and illegal—their ultimate goal isn’t to solve the nation’s immigration challenge, but to be able to ignore
 

PFAW

Today’s GOP “More Extreme” than Bush?

Remember when GOP candidates were doing everything they could to distance themselves from President George W. Bush? Well, the GOP is still moving away from Bush…moving to his right. The Huffington Post’s Sam Stein talked with David Axelrod, President Obama’s strategist, about the upcoming elections:

"I saw that [Alaska GOP Senate candidate] Joe Miller said that he would abolish Social Security if he had the chance and he is not alone," said chief adviser David Axelrod. "This is akin to what [Nevada GOP Senate candidate] Sharron Angle has said in Nevada and also a number of these other Republicans. So, this could go one step beyond the policies of the Bush administration to something more extreme than we have seen."

And it’s not just new faces like Miller and Angle who are moving the Republican part to the right - even key players in the party’s center have moved rightward since President Obama’s inauguration (just look at Maverick McCain’s shifting stands on immigration reform, campaign finance, and religious freedom).

Axelrod is far from an impartial observer, but he makes a good point: this year’s Tea Party-fueled Republican Party is looking a lot more extreme than the right-wing administration Americans rejected two years ago.

But what happens if the political pendulum does swing and extreme-right Republican candidates are faced with acting on their promises? It’s hard to believe that abolishing Social Security, repealing Health Care Reform, and denying citizenship to thousands of children will actually be an effective strategy for governing, let along a long-term political success.
 

PFAW

The Long-Term Consequences of Hateful Politics

Suhail A. Khan, who served as a liaison to faith communities in George W. Bush’s White House, writes this week in Foreign Policy that he finds himself increasingly alone as a Muslim Republican. Many American Muslims have conservative values, Khan writes, but the GOP won’t win their support “until the party finds leadership willing to stop playing to the worst instincts of its minority of bigoted supporters”:

In recent weeks, Sarah Palin, Newt Gingrich, and other prominent Republicans have loudly voiced their opposition to the proposed Cordoba House project near ground zero in lower Manhattan, fanning the flames of a protest that has since spread into a more generalized criticism of Muslim institutions in the United States. But even before this month's controversy, the exodus of Muslim Americans from the Republican Party was nearly complete. In 2008, this country's more than 7 million Muslims voted in record numbers, and nearly 90 percent of their votes went to Obama.

It wasn't always this way. Muslim Americans are, by and large, both socially and economically conservative. Sixty-one percent of them would ban abortion except to save the life of the mother; 84 percent support school choice. Muslims overwhelmingly support traditional marriage. More than a quarter -- over twice the national average -- are self-employed small-business owners, and most support reducing taxes and the abolition of the estate tax. By all rights they should be Republicans -- and not long ago they were. American Muslims voted two to one for George H.W. Bush in 1992. While they went for Bill Clinton by the same margin in 1996, they were brought back into the Republican fold in 2000 by George W. Bush.

Kahn compares the GOP’s current alienation of Muslim Americans to the party’s history with Hispanics. George W. Bush won 44% of the Hispanic vote in 2004; in 2008, with the GOP ramping up its anti-immigrant rhetoric, only 31% of Hispanics voted for John McCain.

In the Washington Post today, former Bush speechwriter Michael Gerson writes of what are likely to be the far-reaching unintended consequences of the GOP’s embrace of the Tea Party’s more nativist and xenophobic strands:

[A] question of Tea Party candidates: Do you believe that American identity is undermined by immigration? An internal debate has broken out on this issue among Tea Party favorites. Tom Tancredo, running for Colorado governor, raises the prospect of bombing Mecca, urges the president to return to his Kenyan "homeland" and calls Miami a "Third World country" -- managing to offend people on four continents. Dick Armey of FreedomWorks appropriately criticizes Tancredo's "harsh and uncharitable and mean-spirited attitude on the immigration issue." But the extremes of the movement, during recent debates on birthright citizenship and the Manhattan mosque, seem intent on depicting Hispanics and Muslims as a fifth column.

There is no method more likely to create ethnic resentment and separatism than unfair suspicion. The nativist impulse is the enemy of assimilation. In a nation where minorities now comprise two-fifths of children under 18, Republicans should also understand that tolerating nativism would bring slow political asphyxiation.

The Tea Party is undoubtedly on a bit of a roll. Last night, Sarah Palin-endorsed Tea Party candidates won (or look likely to win) Republican primaries in Alaska, Arizona, and Florida as did John McCain, who compromised many of his famed “maverick” positions to compete with a far right-wing challenger. And extreme right-wingers Sharron Angle, Ken Buck, and Rand Paul have already grasped their party’s nominations after campaigns tinged with racially divisive rhetoric.

The Tea Party movement is not all about the politics of fear and exclusion—but to the extent that it is, it may face a limited, if dangerous, shelf life. For many on the far Right, short-term political expedience trumps doing what is right; but doing what is wrong may have long-term political consequences.

 

PFAW

Douthat’s Two Americas

Writing on the controversy over a planned Islamic community center near Ground Zero, conservative columnist Ross Douthat asserted that nativism and xenophobia have played a positive role in American history.

Douthat argued that there are “two Americas,” one principled and pluralistic, the other reactionary and culturally rigid. The second, in his opinion, has been just as responsible for our current cultural diversity as the first:

…Both understandings of this country have real wisdom to offer, and both have been necessary to the American experiment’s success. During the great waves of 19th-century immigration, the insistence that new arrivals adapt to Anglo-Saxon culture — and the threat of discrimination if they didn’t — was crucial to their swift assimilation. The post-1920s immigration restrictions were draconian in many ways, but they created time for persistent ethnic divisions to melt into a general unhyphenated Americanism.

…So it is today with Islam. The first America is correct to insist on Muslims’ absolute right to build and worship where they wish. But the second America is right to press for something more from Muslim Americans — particularly from figures like Feisal Abdul Rauf, the imam behind the mosque — than simple protestations of good faith.

That intolerance for change has played a role in American history is indisputable. But intolerance still isn’t the “right” way to press for integration.

By defending the right of Muslim Americans to build a community center in lower Manhattan, the “first America” is working to protect the rights of mainstream Muslims and the foundational ideals of our country. Meanwhile, some on the right have used the controversy over the Islamic center to stir up anti-Muslim sentiment or score political points, potentially alienating moderate Muslims by lumping them together with radical terrorists. Such behavior may have precedent – but that doesn’t make it acceptable.

PFAW

The Wrong Way to Reform Immigration

As President Obama made clear last month, some proponents of the Arizona law have distorted the truth to spread fear about undocumented immigrants. Governor Jan Brewer, for example, claimed that beheaded bodies had been discovered in the Arizona desert, but could not prove or even comment on her assertion. Such irresponsible claims have helped spread unfounded fears about illegal immigrants, intensifying the tenor of an already fraught debate. According to the Progress Report, some anti-immigrant extremists have organized militias, manned by combat veterans and neo-Nazis, to patrol the US-Mexico border. But potentially violent hostility is not directed only at undocumented immigrants: some opponents of the Arizona law have been targeted as well. Judge Susan Bolton, who recently blocked some of the law’s most odious provisions from taking effect, has received hundreds of threats from anti-immigrant extremists.

Tension in the state over the new law and Judge Bolton’s injunction against some of its provisions did not stop Sheriff Joe Arpaio of Pheonix from taking matters into his own hands

Arpaio has said frequently that he doesn't need the law, which created a misdemeanor offense in Arizona for immigrants who fail to carry registration documents, and his track record backs him up.

Thursday's operation would mark the 17th time Arpaio has deployed hundreds of deputies and volunteer posse members in an area of the Valley to root out illegal immigrants. Deputies typically take a "zero tolerance" approach to traffic offenses and then check the criminal history of the motorists. Some of Arpaio's deputies who were trained to enforce federal immigration law used to be able to conduct roadside immigration screenings, but the office of Immigration and Customs Enforcement stripped deputies of that authority last year, forcing sheriff's deputies to wait until they bring suspects to jail to determine immigration status.

This kind of quasi-vigilante policing is not an effective way to deal with our broken immigration system, or to dilute the threat of vicious anti-immigrant extremism. Indeed, Sheriff Arpaio’s methods merely contribute to the toxic atmosphere that makes an honest national conversation about immigration so difficult.

PFAW

Ken Cuccinelli Will Not Be Outdone

Virginia’s crusading attorney general Ken Cuccinelli has a new cause: ensuring that Virginia keeps up with Arizona in the race to become the most anti-immigrant state in the union.

On Friday, prompted by an inquiry from Republican Governor Bob McDonnell, Cuccinelli decreed that Virginia police can grill people about their immigration status when stopped for traffic violations or at police checkpoints:

A 2008 Virginia law requires that law enforcement check the immigration status of anyone taken into custody on suspicion of having committed a separate crime. Cuccinelli's opinion could expand such inquiries to those who have been legally stopped by law enforcement, for instance those pulled over for a traffic violation or at a police checkpoint.

Cuccinelli writes in the July 30 opinion that while local law enforcement have the ability to arrest those they suspect of committing criminal violations of immigration laws but not those they believe have violated civil immigration statutes. But he says inquiring into status is different than arresting for a violation and that law enforcement can inquire. While it is a crime to illegally cross the border, many other immigration violations are civil offense, like overstaying a valid visa.

"Virginia law enforcement officers have the authority to make the same inquiries as those contemplated by the new Arizona law. So long as the officers have the requisite level of suspicion to believe that a violation of the law has occurred, the officers may detain and briefly question a person they suspect has committed a federal crime," he writes.

In Virginia, official opinions of the attorney general are considered law unless a judge disagrees with the legal analysis after an opinion has been challenged in court.

A similar provision in Arizona’s law was blocked by a federal judge last week before it could take effect. Arizona’s law required police to make such checks when they suspect that a person they have stopped is in the country illegally, whereas Cuccinelli’s pronouncement merely allows police to make that check. The effect, however, is similar: state police are given the broad authority to determine whom to quiz about immigration status in situations that are unrelated to immigration. And, however many racial profiling disclaimers are written into a law, a regulation like that is going to unduly burden Virginia’s Latino residents, who now must be prepared to prove their immigration status every time they drive to the grocery store.
 

PFAW

Join the call to support family immigration rights

A few weeks ago, I attended a press conference to support LGBT equality and comprehensive immigration reform. Tomorrow you too have the chance to get involved.

Immigration Equality Action Fund is hosting Grassroots Call: ACT NOW for Family Immigration Rights!

Date: TOMORROW, Wednesday, July 28, 2010
Time: 8 pm EDT
Duration: 1 hour

Call-in Number: 1-800-896-0105
Passcode: 6946500#

Register here.

You will have the chance to hear from those leading the fight for family immigration rights.

U.S. Congressman Mike Honda (D-CA), lead sponsor of the Reuniting Families Act and a tireless champion for family unification.

Bishop Minerva G. Carcaño, United Methodist Church, who will discuss the moral imperative to move inclusive comprehensive immigration reform forward this year.

Joriene and Jashley Mercado, U.S. citizen children whose gay mom Shirley Tan faces deportation; and another family impacted by our broken immigration system

Karen Narasaki of the Asian American Justice Center and Rachel Tiven of Immigration Equality Action Fund will discuss simple ways for YOU to help pass inclusive immigration reform this year.

You can even submit questions.

Please join Immigration Equality Action Fund for this important discussion.

PFAW

The Ethical Imperative of Immigration Reform

One of the more interesting developments in the latest push for comprehensive immigration reform has been the split developing between conservative anti-immigrant groups who are committed to mass deportation at all costs and some right-wing evangelical leaders who have come out in favor of a compassionate and realistic approach to immigration reform.

In May, a coalition of conservative evangelical leaders announced their intention to gather support for “a just assimilation immigration policy.” Soon afterwards, of course, they made it clear that their definition of “just” does not include justice for LGBT couples.

On Wednesday, a number of those leaders spoke to the House Judiciary Committee on their support for ethical immigration reform—and its limits.

In the hearing on the Ethical Imperative for Reform of our Immigration System , immigration reform was discussed in the context of ethics and morals, and the committee heard testimonies from three religious leaders and one scholar about the problems and possible solutions for immigration reform in America.

Nobody at the hearing denied that the current immigration system is broken and untenable. Rev. Gerald Kicanas, Bishop of the Archdiocese of Tucson, contextualized immigration as a humanitarian issue with moral implications, underlining that our immigration system fails to protect basic human rights and dignity. He voiced his support for comprehensive immigration reform that would encompass features such as paying a fine, paying taxes, learning English, and waiting behind those who already applied legally to eventually gain citizenship, and argued that CIR would fulfill our moral obligation to protect immigrants under rule of law.

Richard Land, President of the Ethics and Religious Liberty Committee of the Southern Baptist Convention, echoed those sentiments, stating that when looking at the issue of immigration through a faith-based lens, individuals had a biblical mandate to care for others and act mercifully.

Both speakers advocated an earned path to citizenship, recognizing that deporting over 11 million immigrants was not only unfeasible, but immoral and inconsistent with the rule of law.

It’s troubling that the compassion Kicanas and Land are advocating stops at the equal treatment of gay people. Both are right that too often, pivotal issues like immigration reform become mired in politics and party-line ideology, and it’s important for leaders from different faith backgrounds to step up and have a conversation on the detrimental effects of our broken system of immigration on millions of families. But that discussion should include all families.
 

PFAW

Advocates and members of Congress gather to support LGBT equality and comprehensive immigration reform

Yesterday I joined fellow advocates and members of Congress for a press conference to support LGBT equality and comprehensive immigration reform.

We are pushing for the Uniting American Families Act (UAFA) to be included in all reform proposals. Incorporating UAFA would be a meaningful step taken toward providing equality to same-sex couples and keeping their families together. UAFA allows many same-sex partners to begin the immigration process more quickly and efficiently, and with fewer limitations. Gay men and lesbians whose partners are US citizens or legal permanent residents could apply for family-based visas and green cards.

Representative Nadler (D-NY8), UAFA’s lead sponsor in the House, laid out our demands.

As the urgency for comprehensive immigration reform increases nationally, and the debate in Washington widens, it is essential to ensure that the LGBT community is included in the reforms we propose and pass.

Representative Gutierrez (D-IL4) described the plight of the LGBT community.

Right now, too many same-sex, binational couples face an impossible choice: to live apart or to break the law to be with their partners, families, and children. That's not good for them and it is not good for the rest of us either.

Representative Polis (D-CO2) emphasized why equality is important not only for them but for us all.

We are a nation of immigrants and, as a result, our diversity is our greatest strength . . . Unfortunately, our out-dated immigration system contains laws that discriminate against LGBT families and hinder our economy, our diversity, and our status as a beacon of hope and liberty to people across the world. To be truly comprehensive and achieve real, long-lasting reform, we must provide all domestic partners and married couples the same rights and obligations in any immigration legislation.

Appearing with Representatives Nadler, Gutierrez, and Polis were Representatives Honda (D-CA15) and Quigley (D-IL5), as well as Rachel Tiven, Executive Director of Immigration Equality Action Fund, and Karen Narasaki, President and Executive Director of the Asian American Justice Center.

As my fellow advocates and I stood in solidarity behind these champions of LGBT equality and comprehensive immigration reform, I was struck by the words of Erwin de Leon.

We are not asking for special rights. We are only asking for equal rights.

Erwin works hard at his job and his education and does what he can to help the community. He has been in a committed relationship for 12 years. He and his partner are married in DC. Yet his partner cannot sponsor him for residency. Their family will be torn apart if Erwin is forced to leave the country after completing his PhD.

For more information, please visit Immigration Equality Action Fund.

PFAW

The Right Wing Immigration Playbook Gets Scary

We reported earlier this year on the whisper campaign strategy we expected from the right wing in its effort to defeat comprehensive immigration reform, and since then we’ve seen exactly that--fringe extremism met with tacit acceptance by the mainstream.

We saw that strategy at work in Arizona, where an extreme-right state senator convinced the entire state government to hop on board an anti-immigrant plan that sanctioned racial profiling, hampered local law enforcement, and created a culture of fear for Latinos in the state.

But I don’t know if we expected anything as scary as we’re seeing this week.

Yesterday, the New York Times reported that an anonymous group had circulated a list to media outlets and government officials containing the names, birth dates, addresses, and telephone numbers of 1,300 Utah residents who, they said, they “strongly believe are in this country illegally and should be immediately deported.” The list also included the due dates of pregnant women.

The release of the list has caused residents who are here legally as well as those without documentation to fear retaliation by self-appointed immigration enforcers.

Today, Think Progress reported a similar fear tactic in Arizona, where someone pretending to be a sheriff has sent letters to businesses and individuals telling them in an intimidating tone to “take heed” of the state’s new draconian anti-immigrant policy.

Both of these incidents involved anonymous groups of individuals, not government officials (though Utah officials suspect government employees might have been involved in leaking the personal information to the list). In both cases, state and local authorities are looking into who is responsible.

These incidents have been disturbing, but what is even more disturbing is the right’s silence in response. Utah’s governor, Gary Herbert, has expressed his disapproval of the Utah list, but few right wing leaders have joined him in speaking out against it. A spokesman for the Utah chapter of the Minuteman Project went so far as to say he thought the release of the list was a good idea, as long as the information on it was accurate.

If right wing leaders don’t condemn these tactics of intimidation, they tacitly condone them. And they can’t claim to be interested in real reform if they stand by silently while fringe groups incite hatred and fear.
 

PFAW

The Immigration Misinformation Campaign

Last week, Arizona governor Jan Brewer further fanned the flames of resentment and suspicion around the immigration debate in her state when she announced her evidence-free view that the majority of people entering the United States illegally do so to transport illegal drugs. Thankfully, President Obama seems to be relying on actual facts in that area. In his speech today outlining the need for comprehensive immigration reform, he gave an honest explanation of the dangers of the current system:

The result is an estimated 11 million undocumented immigrants in the United States. The overwhelming majority of these men and women are simply seeking a better life for themselves and their children. Many settle in low-wage sectors of the economy; they work hard, they save, they stay out of trouble. But because they live in the shadows, they’re vulnerable to unscrupulous businesses who pay them less than the minimum wage or violate worker safety rules -– thereby putting companies who follow those rules, and Americans who rightly demand the minimum wage or overtime, at an unfair [dis]advantage. Crimes go unreported as victims and witnesses fear coming forward. And this makes it harder for the police to catch violent criminals and keep neighborhoods safe. And billions in tax revenue are lost each year because many undocumented workers are paid under the table.

As we predicted in our Right Wing Watch: In Focus report on the efforts to derail comprehensive immigration reform, the Right has not been letting facts get in the way of its smear efforts. From Brewer’s claim about drug smuggling to false assumptions that illegal immigration causes crime, opponents of immigration reform have been trying to shift the debate to be about fear and suspicion, rather than reality and solutions. These tactics are nasty, but they shouldn’t be underestimated.

It’s encouraging that Obama is trying to counter the campaign of misinformation. Let’s hope that it leads to actual solutions.
 

PFAW

Outdated Stereotypes and Gender-Based Discrimination in Flores-Villar v. United States

On Monday, People For the American Way Foundation signed on to an amicus brief urging the Supreme Court to reverse the Ninth Circuit’s decision to enforce a section of the Immigration and Nationality Act that imposes a greater residency requirement for unmarried citizen fathers to transfer citizenship to their children born abroad than on unmarried citizen mothers.

The statute permits unmarried citizen fathers to transmit citizenship only if they have lived in the U.S. prior to the child’s birth for ten years, five of them after the age of 14. Mothers, on the other hand, are only required to have lived in the U.S. for just one year prior to the child’s birth. The petitioner’s father was 16 when his son was born, making it impossible for him to meet the requirement of five years of residency after age 14. Mr. Flores-Villar filed suit on the grounds that the law violates the equal protection component of the Fifth Amendment’s due process clause.

PFAWF’s brief, authored by the National Womens’ Law Center, argues that such gender-based discrimination perpetuates the old stereotype that unwed fathers have less meaningful relationships with their children than do unwed mothers, and the Supreme Court has rejected the use of such stereotypes in justifying gender-based classifications. The classifications also do nothing to further the government’s stated objective of encouraging parent-child relationships, and in countries where citizenship is derived from the father, would render stateless the children of fathers who cannot meet the requirements.

If the Supreme Court were to uphold the Ninth Circuit’s decision, it would be ignoring over 30 years of Equal Protection jurisprudence to enforce a discriminatory law that perpetuates outdated stereotypes and is harmful to family relationships.

PFAW

Justice Thomas, Activist

Tom Goldstein at SCOTUSblog has done an impressive analysis of the Supreme Court’s decisions this term, and found several surprising results. Among these is pretty clear evidence that Justice Clarence Thomas, one of the most conservative Justices on the court, is also by far the most willing to rewrite established law and overrule judicial precedent:

Among all the Justices, it is in fact Scalia and Thomas – frequently heralded by conservatives as ideal members of the Court – who hesitate the least in invalidating legislation or (with respect to Thomas) calling for the overruling of prior precedent. They not only joined the Citizens United majority, but they would also have held unconstitutional the “honest services” statute (Skilling), the civil commitment statute (Comstock), and the ruling upholding a beach-erosion statute (Stop the Beach).

Just as fascinating is Justice Thomas’s openness to reconsidering almost every issue in the law that he views as wrongly decided. This Term, he wrote eight separate opinions suggesting the reconsideration of existing law: McDonald (incorporation); Berghuis v. Smith (fair cross-section requirement for juries); Milavetz, Gallop & Milavetz v. United States (commercial speech); Maryland v. Shatzer (custodial interrogation); Mohawk Industries v. Carpenter (interlocutory appeals); Carachuri-Rosendo v. Holder (immigration); United States v. O’Brien (jury trial rights); and Wilkins v. Gaddy (cruel and unusual punishment). 

[Emphasis is mine].

We can’t say it here enough: it’s stunning that conservative Senators are still throwing around the term “judicial activism” with a straight face.
 

PFAW

Another City Joins Arizona Boycott

In May, People For signed on to a travel boycott of Arizona in response to the state’s new draconian immigration law. We’re pleased to note that not only other advocacy groups, but at least 20 US cities, have pledged to boycott the state until it repeals the noxious legislation.

This week another city was added to the list: Burlington, Vermont, where City Councilwoman and YEO Network member Emma Mulvaney-Stanak was instrumental in passing the resolution. A recent article in the Huffington Post noted the impact the boycott is likely to have:

Arizona would be wise to look at … South Carolina, which has lost over $500 million over the past decade due to a boycott stemming from its refusal to remove the confederate battle flag from the capitol. Phoenix estimates that the recent actions will cause the city to lose $90 million in convention business over the next four years and it likely was a factor in the GOP selecting Tampa for its 2012 convention (which could have brought in as much as $150 million to the financially strapped state).

Thanks to Councilwoman Mulvaney-Stanak and other leaders fighting against Arizona’s discriminatory law.

PFAW

Video: African American Ministers Leadership Council Signs Immigration Reform Covenant

People For has been documenting the dangerous and divisive Right Wing rhetoric surrounding immigration reform….rhetoric that has led to, among other things, Arizona’s new civil liberties-smashing anti-immigrant law.

But, despite the overwhelmingly cynical national dialogue on immigration reform, there remain individuals and groups who insist on treating immigrants and the issue of reform with reason and respect.

One of those groups is the African American Ministers Leadership Council, a project of PFAW Foundation. On Cinco de Mayo, several representatives of AAMLC gathered on Ellis Island to sign a multi-faith covenant calling for honesty, respect and dignity in the conversation about immigration reform—and promising that they would follow those principles in their outreach to their own faith communities.

We recently put together a short video of the event:

You can read more about the event in our post from May 6, and can find the full covenant here.

PFAW

Police Chiefs Come Out Against Arizona Anti-Immigrant Law

Police chiefs from several major US cities said today that Arizona’s harsh new anti-immigrant law will make it harder for law enforcement officers to do their jobs:

The new Arizona law will intimidate crime victims and witnesses who are illegal immigrants and divert police from investigating more serious crimes, chiefs from Los Angeles, Houston and Philadelphia said. They will join their counterparts from Montgomery County and a half-dozen other U.S. cities in meeting Attorney General Eric H. Holder Jr. on Wednesday morning to discuss the measure.

"This is not a law that increases public safety. This is a bill that makes it much harder for us to do our jobs," Los Angeles Police Chief Charlie Beck said. "Crime will go up if this becomes law in Arizona or in any other state."

This isn’t a surprise. Phoenix’s police chief has already come out against the new law, saying it “adds new problems for local law enforcement.” But the fact that more police chiefs are speaking out against Arizona’s law reflects the serious threat that as many as 15 states may pass laws similar to Arizona’s. It’s scary that the right-wing rhetoric surrounding immigration reform has begun to drown out the voices of the people in charge of keeping our cities safe…and it’s further proof that the Right Wing is more interested in creating a clamor than actually fixing the problem.

If you haven’t read it yet, check out People For’s report on the Right Wing’s Immigration Playbook.
 

PFAW

Taking a Stand on Immigration Reform

The New York Times ran a powerful editorial today on the stark contrast between the courage of activists fighting for fair and comprehensive immigration reform and the somewhat less courageous behavior of those in power in Washington.

They highlight the story of four students—three of them undocumented immigrants who came to the country as children— who were arrested Monday for staging a sit-in in Sen. John McCain’s Tucson office to advocate for the DREAM Act.

Who else has shown such courage in the long struggle for immigration reform? Not Mr. McCain, who ditched his principled support of rational immigration legislation to better his odds in a close re-election campaign against a far-right-wing opponent. Not President Obama, who has retreated to lip service and vagueness in his calls for reform. Not his administration. The Justice Department has stood by as a civil-rights coalition — the American Civil Liberties Union, Maldef, the N.A.A.C.P., the National Day Laborer Organizing Network and others — has swiftly sued to block the Arizona law.

Other supposed defenders of immigrants, Democrats in Congress, have lost their voices. Senators Charles Schumer, Robert Menendez and Harry Reid, mindful of November elections and frustrated Latino voters, have unveiled a blueprint for immigration reform that parrots Republican talking points about clamping down the southern border and treating the undocumented as a swelling tide of criminals.

Good immigration reform needs a good bill, and the administration and the president and Democratic leaders haven’t yet offered or convincingly fought for one. The fight for reform is stalled. It could be simple acts of protest that ignite a fire. Half a century ago it was young people, at lunch counters and aboard buses across the South, who help galvanize the movement for civil rights, and to waken more powerful elders to injustice.

Last month, we documented the dangerous and deceitful playbook that the right wing has constructed to stamp out any attempt at advancing reasonable immigration reform…and then we saw the playbook at work in Arizona, where moderate legislators supported an appalling anti-immigrant bill by an extreme right wing politician; in the rapidly changing immigration views of Sen. McCain; and in the reluctance of congressional Democrats to get near the issue in an election year.

The right wing certainly hasn’t made it easy for elected leaders to stand up for a fair and pragmatic approach to immigration reform…but it’s sad to see how few are willing to take the risk.
 

PFAW

YEO Network Member Kyrsten Sinema Discusses Arizona Immigration Law

Arizona State Representative Kyrsten Sinema, in Washington for the annual convening of PFAW Foundation’s Young Elected Officials Network, went on C-SPAN’s Washington Journal on Saturday to discuss Arizona’s new immigration law. Watch the full clip here:

Sinema, recipient of last year’s Young Elected Officials Network Barbara Jordan Leadership Award, has been a strong voice in opposition to Arizona’s new law, and in support of real, comprehensive immigration reform. You can watch her debate Maricopa County Joe Arpaio on CNN here, and discuss the new law with Keith Olbermann here.

PFAW