Sunday, July 25, 2010

Hispanic Issues Section News Summary, Issue 40

To see previous issues of this news summary, go to: http://newssummaryhis.blogspot.com/

Dear Hispanic Issues Section Members:
Most of this news summary issue is devoted to articles about Arizona’s SB 1070. There are, however, other notable articles.

The article by the San Antonio Express-News explaining why the San Antonio newspaper does not use the term “illegal immigrants”, except as part of a quote or attribution, is particularly interesting. Unfortunately, the Express-News is the exception among media outlets.

With increasing regularity, the legitimacy of Latinos as Americans is being challenged. The recent murder of a third-generation Mexican American Phoenix resident exemplifies how Latinos have now become suspect. According to the Arizona Republic:

Juan Varela, 44, was watering a tree in his front yard May 6 when police said his neighbor confronted him, pointed a snub-nosed revolver at his face, and fatally wounded him with a single shot to the neck.

Investigators said the neighbor, who was arrested immediately after the shooting, repeated a racial slur several times and told Varela to "go back to Mexico" or he would die. Phoenix police Bias Crimes Unit investigators are looking into the allegations of a hate crime.

http://www.azcentral.com/arizonarepublic/local/articles/2010/05/15/20100515varela0515.html

Several years ago newspapers changed the description of persons displaced by Hurricane Katrina from “refugee” to “evacuee”. Newspapers reasoned that the term refugee had negative connotations and should not be used. http://www.washingtonpost.com/wp-dyn/content/article/2005/09/06/AR2005090601896.html

Ending the practice of using “illegal” to describe a person who has not been found guilty of a crime will not end hate crimes against Latinos, but it might reduce the willingness to make assumptions regarding Latinos in the United States.

Note: The NCLR has produced a PSA in response to Arizona’s SB 1070. The PSA is available on YouTube at:
http://www.youtube.com/watch?v=a7U-l044Hjs&feature=player_embedded#!

As always, I hope you find the referenced news articles informative.

Best Wishes.

Prepared by
John Vasquez
Chair
Hispanic Issues Section, State Bar of Texas
johnvasq@gmail.com

PS: If you are interested in Mexican history following the Mexican Revolution, you may want to watch the PBS program “El General”. This episode of the series POV is described as:

The past and the present collide as filmmaker Natalia Almada brings to life audio recordings about her great-grandfather Plutarco Elías Calles, a revolutionary general who became president of Mexico in 1924. In his time, Calles was called El Bolshevique and El Jefe Maximo (the Foremost Chief). Today, he is remembered as El Quema-Curas (the Priest Burner) and as a dictator who ruled through puppet presidents until he was exiled in 1936.

The episode can be viewed in its entirety online between July 21 and Sepember 14, 2010. To view “El General”, go to:
http://www.pbs.org/pov/elgeneral/photo_gallery_watch.php/

PSS: On July 27, PBS will broadcast “Presumed Guilty” as part of the POV series. This episode of POV is concerned with the prosecution of a young street vendor in Mexico City for murder.

Imagine being picked up off the street, told you have committed a murder you know nothing about and then finding yourself sentenced to 20 years in jail. In December 2005 this happened to Toño Zúñiga in Mexico City and, like thousands of other innocent people, he was wrongfully imprisoned. The award-winning Presumed Guilty is the story of two young lawyers and their struggle to free Zúñiga.

To read a description of the program, go to:
http://www.pbs.org/pov/presumedguilty/film_description.php

NOTE: This News Summary is a service of the Hispanic Issues Section of the State Bar of Texas. If you would like to support HIS, visit
http://www.texasbar.com/Template.cfm?Section=Sections and click “MyBarPage” (near the bottom of the page) to join online. For further information, contact the Sections Department at 1-800-204-2222 or (512) 427-1463 ext. 1420.

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Top News

Opinion: A policy change on illegal immigration terminology
“When will the Express-News start being honest with readers,” asked one of those readers, Ben Marshall, “and stop referring to illegal immigrants as undocumented immigrants, or just immigrants? They are purely illegal immigrants. And for those who don't understand illegal, it means that it isn't legal.”

First, Mr. Marshall, the Express-News no longer refers to people who enter this country illegally, or who overstay legal visas, as “undocumented.” The newspaper's Ethics and Practices Committee two years ago adopted the term “unauthorized immigrants” to describe people who don't have the proper paperwork to live here.

It doesn't have the bite of illegal immigrant or illegal alien, the federal nomenclature, but it doesn't have the sanitizing effect of “undocumented,” which implies that said immigrant just misplaced his papers. Which really isn't accurate because most of them have some documentation — just not the ones they need to be here legally.

So does that make them illegal? This is where it gets dicey, not for people like Marshall and Czarnecki, but for people in my business. We don't call someone a murderer or an extortionist, even if he confessed, until he is proved guilty. So it's the “accused” killer or “alleged” thief until a judge and jury take away the adjective.

So why shouldn't a Mexican who wades the Rio Grande and is nabbed by the Border Patrol have the same constitutional protections? We don't call folks on this side of the river who hire immigrants with a wink at federal law “illegal” employers.
http://www.mysanantonio.com/opinion/columnists/bob_richter/e-n_changes_policy_for_describing_immigrants_who_are_here_illegally_97694064.html

LARGE MAJORITY IN ARIZ. POLL AGAINST GEOGRAPHIC BIRTHRIGHT: Survey: No citizenship for US-born migrant kids
PHOENIX - Nearly two-thirds of Arizonans think children of illegal immigrants should not be entitled to U.S. citizenship just because they were born in this country, a new statewide survey shows.

The findings, released Monday by Rasmussen Reports, come as state Sen. Russell Pearce, R-Mesa, is weighing legislation that would prohibit the state from issuing a birth certificate to a child unless at least one parent could prove citizenship. Mere presence in this country, legal or otherwise, would not qualify.

A similar measure dealing with what are called "anchor babies" was introduced during the 2008 legislative session by Sen. Karen Johnson, R-Mesa, with Pearce signed on as a sponsor. But that proposal never got a hearing.
http://azstarnet.com/news/state-and-regional/article_84bd91e6-7c3b-595f-b7e8-e5b4a500aa72.html
To find a link to the Rasmussen poll results, go to:
http://www.rasmussenreports.com/public_content/politics/general_state_surveys/arizona/64_in_arizona_say_children_of_illegal_immigrants_should_not_automatically_become_u_s_citizens

Obama administration sues to block Arizona immigration law:
The federal government argues that states can't set their own policies on arresting illegal immigrants and that this law would disrupt federal efforts to target those who are dangerous.
Reporting from Washington — The Obama administration launched its long-expected legal attack on Arizona's strict new immigration law Tuesday, arguing that only Washington can set the nation's rules for arresting illegal immigrants.

The government said Tuesday that its immigration enforcement policy "targets … dangerous aliens," including violent criminals, gang members, drug traffickers and others "who pose a danger to the national security and a risk to public safety," whereas the Arizona law would force federal officials to cope with a flood of illegal immigrants who pose no danger.

Entirely innocent Arizonans will suffer as well, the administration said. It foresaw "countless inspections and detentions" of people who do not have the correct papers. But U.S. officials did not contend that the state law violates federal civil rights laws or the equal-protection guarantee in the Constitution.

The lawsuit was cheered by a Latino community that has grown increasingly disillusioned with the Obama administration over the failure to revamp the immigration system. A Gallup poll showed that Obama's approval rating among Latinos dropped from 69% in January to 57% in May. Although Latino voters are unlikely to swing to the Republican Party in great numbers, they could damage the prospects of Democratic candidates in the midterm election in November by staying home. Over the past week, the Obama administration has taken steps to reenergize grass-roots Latino voters.

But nationwide polls have also found that 50% to 60% of Americans support Arizona's effort to arrest more illegal immigrants, and politicians elsewhere have proposed similar provisions in their states.
http://www.latimes.com/news/nationworld/nation/la-na-arizona-lawsuit-20100707,0,84096.story

Latino Attitudes About Women and Society
The Center for American Progress, in conjunction with A Woman’s Nation, the Rockefeller Foundation, and TIME magazine, conducted a landmark study in the summer of 2009 into public attitudes about women, society, and the workplace. Women are approaching the historic milestone of constituting half of the workforce, and the study sought to determine how Americans felt about a range of changes in the nature of modern family life and work.

The study found striking consistency in men and women’s attitudes about many formerly contentious issues of gender relations and the working status of women. The study overall found strong majorities of men and women agreeing that the rise of women in the workforce is a positive development for society—a belief that crossed partisan, ideological, racial and ethnic, and even generational lines.

We asked Americans to evaluate the fact that women today constitute about one-half of all workers compared to 40 years ago when women made up one-third of all workers. More than three-quarters of Americans (77 percent) overall viewed this development positively, with less than one-fifth (19 percent) viewing this change negatively. Positive views about the rise of women in the economy cut across nearly every demographic and ideological group. But Latinos were among the most favorable groups in the survey, with 87 percent of Latino women and 82 percent of Latino men viewing this change positively—7 to 10 points higher than men and women overall (Figure 1).

Latinos express a strong desire for better and more fulfilling job opportunities in life. The rank ordering of life goals is roughly similar between Latinos and the overall population, but larger percentages of Latino men and women rate “having a fulfilling job” as a very important life goal (Figure 2).
http://www.americanprogress.org/issues/2010/07/latino_attitudes.html

Immigration now a top concern among Latinos, poll shows
Latinos now view immigration as their leading concern along with the economy in what activists say is a major shift most likely driven by controversy over Arizona's tough law against illegal immigrants.

Nearly a third of Latinos also believe that racism and prejudice are the central issue in the immigration debate, over national security, job competition and costs of public services for illegal immigrants, according to a national survey released Wednesday.

The poll of 504 Latinos, stratified by region, gender, age, foreign-born status and other factors, was conducted by LatinoMetrics from May 26 to June 8 for the Hispanic Federation and the League of United Latin American Citizens, or LULAC.

The poll results mirror the findings of another new poll of 1,600 Latinos in four states conducted for the National Assn. of Latino Elected and Appointed Officials Educational Fund in June. The results, which will be released next week, also shows immigration topping the list of Latino concerns, according to Arturo Vargas, the group's executive director.
http://www.latimes.com/news/nationworld/nation/la-na-latino-poll-20100715,0,1720143.story

Oklahoma, South Carolina and Utah may follow Arizona's lead on immigration law
Attention is focused on Arizona and the federal government's challenge to the state's strict new immigration law, but three other states could adopt similar legislation next year.

Lawmakers in Oklahoma, South Carolina and Utah, which have already taken steps against illegal immigration, say that Arizona-style measures have a realistic chance of passing when their legislatures reconvene in 2011.

Legislators in at least 17 other states introduced bills this year similar to the Arizona law, which allows officers to question anyone they suspect of being in the country illegally. But most of those measures are not considered likely to be adopted or signed by governors.
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/07/AR2010070703017.html
See also:
Arizona's immigration law isn't the only one:
Many states have their own regulations governing illegal immigrants. And five states have introduced bills similar to Arizona's SB 1070, which is the target of a federal lawsuit.
http://www.latimes.com/news/nationworld/nation/la-na-immigration-states-20100717,0,4454228.story

Opinion: Headless bodies and other immigration tall tales in Arizona
Jan Brewer has lost her head.

The Arizona governor, seemingly determined to repel every last tourist dollar from her pariah state, has sounded a new alarm about border violence. "Our law enforcement agencies have found bodies in the desert either buried or just lying out there that have been beheaded," she announced on local television.

Ay, caramba! Those dark-skinned foreigners are now severing the heads of fair-haired Americans? Maybe they're also scalping them or shrinking them or putting them on a spike.

But those in fear of losing parts north of the neckline can relax. There's not a follicle of evidence to support Brewer's claim.

Brewer's mindlessness about headlessness is just one of the immigration falsehoods being spread by Arizona politicians. Border violence on the rise? Phoenix becoming the world's No. 2 kidnapping capital? Illegal immigrants responsible for most police killings? The majority of those crossing the border are drug mules? All wrong.
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/09/AR2010070902342.html

Laredo attorney is Trial Lawyer of the Year
A Laredo lawyer who won a $47.5 million verdict against one of the country's largest private prison companies over the beating death of an inmate has been named the 2010 Trial Lawyer of the Year by the Public Justice Foundation.

Ron Rodriguez received the award, which is bestowed annually in recognition of noteworthy legal victories in socially significant cases, last week in Canada.
http://www.mysanantonio.com/news/local_news/laredo_attorney_is_trial_lawyer_of_the_year_98898459.html

Farmers Branch is sued over at-large council districts
Another lawsuit was filed Tuesday against Farmers Branch – this one seeking to force the city to institute single-member districts to elect City Council members.

The suit seeks to end at-large voting for City Council seats, arguing that the current method dilutes Hispanic voting strength. Nearly half the city is Hispanic, according to estimates of the U.S. Census Bureau over a three-year period ending in 2008.

The lawsuit was filed in U.S. District Court in Dallas on behalf of several Farmers Branch residents by the Bickel & Brewer Storefront. Bickel & Brewer is the same firm that has sued the city over an ordinance that bans landlords from renting to illegal immigrants. Federal judges have ruled two versions of the rental ordinance unconstitutional.

A federal judge dismissed a voting rights suit filed shortly after the May 2007 council elections. That suit was brought by a San Antonio attorney and Dallas lawyer Domingo García, whose firm is most well-known for personal injury litigation.
http://www.dallasnews.com/sharedcontent/dws/news/politics/local/stories/072010dnmetfbsuit.18c916d.html

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Texas

E-mails show ex-Farmers Branch official warned of expensive fight over immigration ordinance
The Farmers Branch City Council was warned by its former city manager that litigation over its immigration ordinance would be costly and that similar issues were already being litigated by the city of Hazleton, Pa., "with somebody else's money," according to e-mails disclosed in lawsuits against the city.

Since September 2006, Farmers Branch has paid $3.4 million to fight civil suits in federal and state courts over its renter ordinances aimed at barring illegal immigrants from housing in the Dallas suburb.

In addition, two teams of lawyers have submitted $2 million in bills as the winning side in the federal suit in which a judge ruled in March that immigration regulation to be "exclusively a federal power." The city plans to appeal, and city officials said that effectively puts a hold on any payout to the law firms.

Farmers Branch was first sued in December 2006 in state court by resident Guillermo Ramos. The city was sued two more times when the City Council enacted replacement ordinances. Each time, Ramos and his attorneys alleged violations of the Texas Open Meetings Act. The e-mails and other documents were obtained through discovery proceedings in that suit by the Bickel & Brewer Storefront representing Ramos.
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/070610dnmetfbopen.1afaf26.html

Opinion: Poll finds Hispanics turning away from GOP
A new poll out this week suggests that Hispanic voters in Texas are turning against the GOP in the wake of the Arizona immigration law.

The poll suggests the new law could be the reason an earlier poll found Gov. Rick Perry and Democratic gubernatorial candidate Bill White now deadlocked at 43 percent each.
http://www.dallasnews.com/sharedcontent/dws/dn/localnews/columnists/molivera/stories/DN-olivera_26met.ART.State.Edition1.29e0ec6.html

Deputy constable accused of beating, exposing woman at school, suit says: Grandmother targeted because of ethnicity, document says.
A federal lawsuit filed Thursday accused a Travis County deputy constable of beating a woman and exposing her breast in front of an elementary school with her grandchildren watching in May 2009. Lawyers with the Texas Civil Rights Project filed the suit against Deputy Constable Richard Furrs on behalf of the woman, who used a pseudonym in the court filings. Furrs targeted the woman because she is a Mexican immigrant, according to the suit.

The lawsuit contained three sworn affidavits by witnesses. One was from Lorena Sanchez, who said she was walking with her daughter from the school to their car and saw Furrs yelling at the woman.

Sanchez said she knew the woman and saw Furrs yank her from her truck so forcibly that Sanchez was able to see the woman's feet. She said she saw Furrs beat the woman with his baton and dragged her on the hot pavement, while the woman was yelling in Spanish that she did not know what she did wrong.
http://www.statesman.com/news/local/deputy-constable-accused-of-beating-exposing-woman-at-792869.html

White: Cops aren't immigration agents
Bill White tried to create some daylight between himself and Gov. Rick Perry on the hot-button issue of immigration Monday whiley denouncing Arizona's controversial new crackdown on undocumented immigrants.

On Saturday, Perry told members of the National Council of La Raza that the Arizona law would be a poor fit for Texas, even while noting Arizona's frustration with a porous border.

Speaking to the same group Monday, White, Perry's Democratic challenger, inched further, suggesting the law's central tenet — that local and state law-enforcement officials should verify the immigration status of people they detain — is fundamentally misguided.
http://www.mysanantonio.com/news/politics/elections/white_promises_to_veto_arizona-style_bill_98279169.html

Former mayor denounces Arizona law
Immigration reform continued to be the topic of choice at the National Council of La Raza's annual conference as former Mayor Henry Cisneros spoke out at a packed luncheon Monday against Arizona's new law.

“For the first time in America, we're looking at people and making judgments about who they are and how they should be submitted to investigative processes of immigration based on appearance,” he said. “When we cross the line to simply identify people by appearance and then submit them to unfair legal processes, we've gone too far.”

Cisneros denounced the actions of Republicans who passed the law. He also expressed disappointment in Democratic governors for criticizing the federal government's recent lawsuit against the bill, saying their motivation was upcoming elections.

“It takes a whole group of people and puts them in a very dangerous situation, and no election is worth risking that,” he said.

The solution to the immigration problem, Cisneros said, can be found in national reform. The potential reform consists of four elements, he said: protection of the border, a guest worker program, an improved system for a path to citizenship and workplace enforcement.
http://www.mysanantonio.com/sacultura/former_mayor_denounces_arizona_law_98285094.html

NM to host governors' meeting AZ called off
PHOENIX - Border governors are going ahead with their annual conference - without Jan Brewer and not in Arizona.

New Mexico Gov. Bill Richardson said Thursday that he is putting together a meeting for Santa Fe in late September, which is close to the same time Brewer was planning to host the event in Phoenix.

Brewer canceled the annual meeting after the governors of the six Mexican border states refused to come to Arizona in protest of SB 1070. Chihuahua Gov. Jose Reyes Baeza Terrazas, said the law is "discriminatory, racist and violates the International Civil Rights Agreement established in 1976."
http://azstarnet.com/article_99794b5b-2f87-5718-82aa-23eb8defbda6.html
See also:
Editorial: Change of venue: With Arizona out, Texas should bid to play host to border governors
http://www.chron.com/disp/story.mpl/editorial/7102598.html
and
Texas Gov. Rick Perry says he'll skip border governors meeting if it's moved out of Arizona
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/071310dntswperryborder.222c0d2.html

NCLR panel analyzes Arizona law
As the immigration reform debate simmers across the country, the National Council of La Raza is taking center stage in opposing Arizona's controversial new law aimed at reducing illegal immigration.

At the council's annual conference at the Henry B. Gonzalez Convention Center, a four-person panel on Sunday analyzed ramifications of the bill and discussed a nationwide boycott of Arizona to force state legislators' hands.

The discussion titled “What's the Matter with Arizona?” was a featured event at the council's annual meeting, which concludes Tuesday.
http://www.mysanantonio.com/sacultura/NCLR_panel_analyzes_Arizona_law_boycott_98216014.html?c=y&page=1#storytop

Irving ISD faces challenges as poverty grows in inner-ring suburb
Research studies – including a recent report by the Brookings Institution, a nonprofit public-policy organization – have shown that inner-ring suburbs are increasingly diversifying and experiencing challenges once unique to major cities.

Brookings looked at national census data between 2000 and 2008. It found that in 2008 in the Dallas-Fort Worth area, about 47 percent of the population living below the poverty line was in the suburbs, up from 41 percent in 2000.

At the end of June, about 80 percent of students in Irving schools were in poor families – close to Dallas ISD's 87 percent as of last fall. Twenty years ago, just 30 percent of Irving children were in low-income families.

About 69 percent of the district's students are Latino, many of them children of immigrants predominantly from Mexico and El Salvador. The district's ethnic demographics have flipped, with white enrollment dropping from 62 percent 20 years ago to 14 percent last year.

Ethnic makeup and social class are closely linked. Hispanic children in Texas public schools are more likely to come from poor families than are black or white students.
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-irvpoverty_18met.ART0.Central.Edition1.29c3f74.html

Judge rejects Sepulveda's claim of ballot fraud in justice of peace race
A Dallas County justice of the peace's attempt to win a new election after losing in the Democratic primary in March came to an end Tuesday when a judge rejected his claim that his defeat was caused by widespread fraud involving absentee ballots.

District Judge Richard Davis, a visiting judge who was appointed to hear the case, issued his ruling Tuesday after eight days of testimony.

Luis Sepulveda had argued that the results of the March 2 Democratic primary, which he lost by 149 votes, were invalid. Sepulveda, of Precinct 5, accused his opponent, Carlos Medrano, of orchestrating the fraud.
http://www.dallasnews.com/sharedcontent/dws/news/politics/local/stories/072110dnmetnovotefraud.2df66c0.html

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USA

Slain Hispanic's family wants case called hate crime
Family members of a south Phoenix father slain last week amid protests over Arizona's strict immigration-enforcement law said Friday they want police and prosecutors to classify the case as an anti-Hispanic hate crime.

Juan Varela, 44, was watering a tree in his front yard May 6 when police said his neighbor confronted him, pointed a snub-nosed revolver at his face, and fatally wounded him with a single shot to the neck.

Investigators said the neighbor, who was arrested immediately after the shooting, repeated a racial slur several times and told Varela to "go back to Mexico" or he would die. Phoenix police Bias Crimes Unit investigators are looking into the allegations of a hate crime.

Varela's family mourned at his funeral Friday in south Phoenix. The father of a 13-year-old girl, a third-generation Mexican-American, was known as a volunteer Little League coach and proud Phoenix resident, his family said.
http://www.azcentral.com/arizonarepublic/local/articles/2010/05/15/20100515varela0515.html

The HNBA Commends the U.S. Department of Justice for Challenging Arizona's SB 1070 in Court
WASHINGTON, July 7 -- /PRNewswire-USNewswire/ -- The Hispanic National Bar Association (HNBA) commends the U.S. Department of Justice for taking legal action against Arizona's SB 1070. "We are pleased to see our federal government taking a position on this issue, and to make it clear to all states, municipalities, counties, and parishes, etc., that immigration is strictly a federal issue," said HNBA National President Roman D. Hernandez.

The HNBA has taken very public positions against SB 1070 since the legislation first started to surface. First, it spoke out publicly against SB 1070 and highlighted the grave constitutional concerns present in the legislation before it was signed into law. Next, it joined other national organizations and their efforts for a boycott of Arizona until SB 1070 was repealed. Most recently, the HNBA joined the National Council of La Raza, the U.S. Hispanic Chamber of Commerce, and Los Abogados Bar Association of Arizona as amici curiae, and filed a brief in support of a preliminary injunction of SB 1070. "We remain optimistic that SB 1070 will be successfully challenged in federal court," stated Mr. Hernandez.
http://www.sacbee.com/2010/07/07/2875230/the-hnba-commends-the-us-department.html

HNBA JOINS AS AMICUS CURIAE TO CHALLENGE ARIZONA SENATE BILL 1070
Washington, D.C. – The Hispanic National Bar Association (“HNBA”), the national voice of the Hispanic legal community, announces that it has joined the National Council of La Raza (NCLR), Los Abogados Hispanic Bar Association of Arizona, and the U.S. Hispanic Chamber of Commerce as amici curiae in support of a motion for a preliminary injunction against Arizona’s Senate Bill 1070 (SB 1070) filed by plaintiffs in that matter. The amici brief was prepared by LatinoJustice PRLDEF and the law firm of Skadden, Arps, Slate, Meagher & Flom LLP.

On May 17, 2010, the plaintiffs, including the American Civil Liberties Union (ACLU), Asian Pacific American Legal Center (APALC), Mexican American Legal Defense and Educational Fund (MALDEF), National Day Labor Organizing Network (NDLON), and National Association for the Advancement of Colored People (NAACP), filed a complaint for declaratory and injunctive relief in the U.S. District Court for the District of Arizona challenging the Arizona law.
http://www.hnba.com/hnba-joins-as-amicus-curiae-to-challenge-arizona-senate-bill-1070/

Hearing on Justice Dept. injunction request set for July 22
PHOENIX - A federal judge will hear arguments in two weeks on the request by the U.S. Department of Justice to block Arizona's new immigration law from taking effect. At a hearing Wednesday, U.S. District Judge Susan Bolton ordered the newest of the challenges to SB 1070 transferred to her court. That puts her in control of all six lawsuits already filed.

The hearing, set for July 22, actually will be the third time that Bolton will have heard arguments to enjoin the law. She already has a hearing scheduled for next Thursday on a similar motion by David Salgado, a Phoenix police officer who contends his rights will be violated by the law's requirement that he ask those he has stopped on other matters to reveal their immigration status when there is "reasonable suspicion" they are in the country illegally. He says that will leave him vulnerable to being sued if he doesn't enforce the law "to the fullest extent permitted by federal immigration law."
http://azstarnet.com/news/local/border/article_45293576-ca32-5319-9c98-154fd87822fb.html

Court hears first arguments over Arizona immigration law: A police officer's attorney says it undermines the U.S. government's ability to set foreign policy.
Reporting from Phoenix — In the first courtroom showdown over Arizona's new immigration law, an attorney for a Phoenix police officer asked a federal judge Thursday to halt the implementation of much of the statute, saying it undermined the ability of the federal government to set foreign policy.

"We have only one nation; we can only have one immigration law," attorney Stephen Montoya argued in a courtroom packed with more than 100 spectators. "Even though the state of Arizona believes Congress is not very competent and is inept, the state of Arizona has to live with the laws of Congress."

The law, set to take effect July 29 unless U.S. District Judge Susan Bolton stops it, requires police to investigate the immigration status of people they lawfully stop and have reason to believe are in the country illegally. It also makes it a crime in Arizona to lack immigration documents.
http://www.latimes.com/news/nationworld/nation/la-na-arizona-immigration-20100716,0,3564312.story

S. Dakota files brief supporting Arizona immigration law
PIERRE, S.D. - South Dakota is joining other states in filing a legal brief that backs Arizona's immigration law, Gov. Mike Rounds and Attorney General Marty Jackley said Tuesday.

South Dakota will support state governments' joint authority with federal officials to enforce immigration laws, the two Republican officials said.

The state will not be a party in the U.S. Justice Department's challenge of the Arizona law but will join other states in filing a "friend of the court" brief, Jackley said. Michigan is taking the lead in that effort, so South Dakota likely will bear no costs as it acts in a supporting and advisory role, he said.
http://www.azcentral.com/news/articles/2010/07/13/20100713south-dakota-brief-supports-arizona-immigration-law.html

Training video for Arizona law takes heat
In a training video released to Arizona law enforcement officers Thursday, state officials repeatedly discourage racial profiling when enforcing the state's new immigration law — but some Hispanic civil rights groups say some of the instructions constitute a recipe for racial profiling.
In the video, factors such as "dress," "traveling in tandem" and "significant difficulty communicating in English" are given as clues that a person may be an illegal immigrant.

"This list has obviously been drawn to legitimize racial profiling," said Foster Maer, senior litigator for LatinoJustice. "I don't believe the police will approach white people and ask them for their papers because of the way they're dressed."
http://www.usatoday.com/news/nation/2010-07-01-immigration_N.htm?loc=interstitialskip

Arizona law may prompt racial-profiling suit
Atty. Gen. Eric H. Holder Jr. said Sunday he might sue Arizona a second time if its new tough-on-illegal-immigrants law leads to racial profiling.

The nation's top law enforcement officer said the federal government's lawsuit against Arizona, filed last week, made scant mention of racial profiling because it focused on the stronger argument that the state law preempted the federal government's responsibility in deciding immigration policies.
http://www.latimes.com/news/nationworld/nation/la-na-holder-immigration-20100712%2C0%2C6185743.story

Commentary: Profiling's enabler: High court ruling underpins Arizona immigration law
In its challenge to Arizona's controversial immigration law last week, the Justice Department argues that the state law conflicts with federal law, intruding on federal power and ability to regulate immigration. For many Americans, however, the lawsuit is needed because of concerns that Arizona's legislation, S.B. 1070, will lead to police harassment of people, particularly those of color, who cannot prove they are in this country legally. Yet for all the controversy over those concerns, few are talking about the real legal issue underlying the law.

Supporters and opponents of S.B. 1070 assume that racial profiling is unconstitutional, largely because many Americans believe that it ought to be. In fact, the U.S. Supreme Court has approved the racial profiling permitted -- indeed encouraged -- by S.B. 1070.

In a 1975 case regarding the Border Patrol's power to stop vehicles near the U.S.-Mexico border and question the occupants about their citizenship and immigration status, United States v. Brignoni-Ponce, the high court ruled that the "likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor." In 1982 the Arizona Supreme Court agreed, ruling in State v. Graciano that "enforcement of immigration laws often involves a relevant consideration of ethnic factors."
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/12/AR2010071204049.html

Hablan víctimas del perfil racial: Testimonios recogidos en Los Ángeles se enviarán al Congreso
Una vendedora ambulante se enfrenta con un policía que hostigaba a otra vendedora y éste la empuja, la maltrata verbalmente cuando ella trata de hacer valer sus derechos, a pesar de estar embarazada.

Un hombre latino es detenido por la policía. Es preparador de impuestos pero está mal vestido porque hace una mudanza. Un policía lo para y le pregunta de quién es el automóvil, para luego ponerle una multa que él considera injusta. Un joven afroamericano en Watts sale a buscar comida para su familia. Cuando regresa hay policía en su calle y es detenido por "cruzar líneas de investigación". Le tiran al suelo su comida, lo esposan y luego lo liberan.

Una conductora latina espera frente a un cruce del Metrolink junto con otros vehículos. De pronto, un policía motorizado la ve, se detiene y mete la cabeza por la ventana para ver qué y quien va dentro del vehículo. Le pregunta si tiene licencia. Luego se va sin explicar nada. La mujer y sus dos hijas pequeñas quedan intimidadas por la experiencia.
http://www.impre.com/laopinion/noticias/2010/7/13/hablan-victimas-del-perfil-rac-198976-1.html#commentsBlock

Limits on police kept Colorado illegal-immigration law out of court, lawyers say
Colorado's 4-year-old law designed to halt illegal immigration did not capture the legal scrutiny of Arizona's controversial immigration measure because it limited the responsibilities of local law-enforcement officers.

The U.S. Department of Justice sued Arizona last week in federal court over Senate Bill 1070, which requires Arizona's law enforcement officers to arrest and detain anyone they lawfully contact if they have a hunch or a "reasonable suspicion" the person is in the country illegally.

Under Colorado's law, local law enforcement must only report people whom they have arrested — but not necessarily detained — for another crime to U.S. Immigration and Customs Enforcement if they have "probable cause" to think the person is in the country illegally.
http://www.denverpost.com/search/ci_15493493

High court passes on tobacco cases, takes on Ariz. immigration law
The Supreme Court agreed on Monday to review an Arizona law that sanctions employers for hiring illegal immigrants, but the justices declined to get involved in landmark anti-tobacco litigation, leaving in place a ruling that said cigarette makers lied about the dangers of smoking.

The Arizona law that the court will review during its term starting in October imposes sanctions on employers who hire illegal immigrants. It is not the new Arizona law that President Obama and other members of his administration have recently criticized. That measure empowers police to question anyone who authorities have a "reasonable suspicion" is an illegal immigrant.
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/28/AR2010062802787.html

POLICE ARRESTS: Misdemeanor violations leading to deportations
Las Vegas - Since the inception of its partnership with federal immigration authorities, the Metropolitan Police Department has repeatedly said it would target only violent, "higher-level" criminal illegal immigrants for potential deportation.

But more than a third of inmates the police department has referred to U.S. Immigration and Customs Enforcement in the partnership's first 18 months were arrested on misdemeanor charges including jaywalking, driving without a license and other minor traffic offenses, according to police records.
http://www.lvrj.com/news/questions-generated-by-287-g--97289294.html

Illinois Accuses Countrywide of Discrimination
June 29 (Bloomberg) -- Illinois Attorney General Lisa Madigan filed a lawsuit against Bank of America Corp.’s Countrywide unit claiming the company discriminated against black and Latino borrowers.

The mortgage lender steered minority borrowers into risky subprime mortgages more than it did white borrowers who were similarly situated, Madigan said today in a statement. Minority borrowers also paid more than other borrowers for all Countrywide mortgages, including its prime loans, Madigan said.

“Countrywide’s illegal discriminatory lending practices destroyed the wealth and dreams of thousands of African American and Latino homeowners,” Madigan said in the statement. “Bank of America needs to be held accountable by taking financial responsibility for cleaning up the devastation of the predatory company that it chose to take over.”
http://www.businessweek.com/news/2010-06-29/illinois-accuses-countrywide-of-discrimination-update1-.html

Justice Dept files lawsuit, employment discrimination in N.GA
DALTON, WHITFIELD COUNTY (WRCB) - In the hiring process at Garland, a U.S. citizen says he was asked to produce a green card, and when he didn't he says Garland withdrew his offer of employment. He then filed a complaint, and the lawsuit quickly followed.

"If you are a natural born citizen, you don't need a green card," it's simple says Edgar Rincon, the owner of Servicios Latinos in Dalton.

And that's one reason the Department of Justice is suing a local company.
http://www.wrcbtv.com/Global/story.asp?S=12782971

Latino civil rights group: Gym chain discriminates
LOS ANGELES — A Latino civil rights organization sued an international gym chain on Tuesday, accusing 24 Hour Fitness of racial and gender discrimination against its workers in California.

The lawsuit filed by the Mexican American Legal Defense and Educational Fund and a law firm claimed that black, Latino, Asian and female staffers systematically hit glass ceilings when they applied for management jobs at some of the company's approximately 200 California clubs.

"When they ask to apply for promotions, they're given the run-around or given a moving target," said Victor Viramontes, MALDEF's lead attorney. "They say they have to hit their (sales) goals for the month to get a promotion, but they meet those goals and they're never promoted."
http://www.google.com/hostednews/ap/article/ALeqM5hwZJ7Exzl0pbSJ_STA6cuttC5xiwD9GUD3E80

Arizona immigration law unlikely to survive federal lawsuit
Reporting from Washington — Arizona's law giving local police immigration enforcement powers is likely to be struck down, most legal experts predict, now that the Obama administration has gone to court asserting that it conflicts with federal law.

They cite the longstanding principle that the federal government has exclusive control over immigration and that "no state can add or take away" from the policy set in Washington.

Traditionally, the federal government's view carries extra weight in disputes over immigration.

"It's one thing for MALDEF [Mexican American Legal Defense and Educational Fund] or the ACLU to say this [Arizona law] interferes with federal policy. It is quite a different thing when the federal government goes to court and says it," said Jack Chin, a University of Arizona law professor. "The clear rule has been that states do not have the power to regulate immigration."
http://www.latimes.com/news/nationworld/nation/la-na-arizona-legal-20100709%2C0%2C5875359.story

Q&A: Understanding Arizona's immigration law
Reporting from Phoenix — Unless it is halted by a judge, Arizona's new immigration law is set to take effect July 29.

Civil rights groups have filed suit against the law, arguing that immigration is the purview of the federal government and that SB 1070 will promote racial profiling.

What does the law do?

The law essentially mandates that local governments in Arizona enforce immigration laws. The provision that has received the most attention is the creation of a new state crime: failure to possess proper immigration documents.
http://www.latimes.com/news/nationworld/nation/la-na-arizona-law-qa-20100706%2C0%2C7471165%2Cfull.story

Harry Reid's dislike of Arizona law may aid re-election: Nevada senator trails in poll; Latino vote may prove critical
WASHINGTON - Arizona's divisive new immigration law could end up having a big impact on Senate Majority Leader Harry Reid's bid for re-election, political analysts say.

The Nevada Democrat's opposition to the Arizona law and his support for comprehensive immigration reform may help him shore up support among Latino voters, who could be crucial to his re-election.

At the same time, polls have shown a majority of Nevadans support the Arizona law and oppose a federal legal challenge to block it from taking effect as scheduled on July 29. The U.S. Justice Department is expected to file a challenge soon.

"Immigration is a risky issue to raise in an election year," said Fred Lokken, a political-science professor at Truckee Meadows Community College in Reno. "It's the kind of issue that can bubble over and go in ways that Senator Reid's campaign may not be able to control."
http://www.azcentral.com/news/articles/2010/07/05/20100705harry-reid-arizona-law.html

Pasco fairgrounds owner settles discrimination complaint
The Pasco County Fair Association Inc. settled a federal lawsuit accusing the organization of discriminating against Hispanics.

The lawsuit, filed by the U.S. Department of Justice, alleged the association charged and quoted Hispanic customers higher deposit fees for renting the Dan Cannon Auditorium, a reception hall used for weddings, anniversaries and other events, a release said.
http://www.bizjournals.com/tampabay/stories/2010/07/12/daily43.html

List sends chill through Utah's Latino community: An anonymous letter naming 1,300 purported illegal immigrants sparks investigations and a wave of worry.
Reporting from Seattle — Since the distribution of an anonymous letter this week containing the names, addresses and other personal data of more than 1,300 Utah residents said to be undocumented immigrants, Tony Yapias' phone has not stopped ringing.

"I have one phone line; I've already missed 60 calls now, and there are 72 messages," said Yapias, director of the advocacy group Proyecto Latino de Utah. "People wanting to know if they're on the list. Should they move to another state? Should they leave the country? Horrified, scared, whatever language you can put on it."

The office of Gov. Gary Herbert, a Republican, announced Thursday that an investigation into the list was focusing on the possibility of an unauthorized release of information from the state Department of Workforce Services, which collects information on unemployment benefits, food stamps, Medicaid and other government programs.
http://www.latimes.com/news/nationworld/nation/la-na-utah-immigration-20100716,0,6028318.story

At least 2 state workers behind ‘The List’
The state has identified and placed on leave at two employees from the Department of Workforce Services who accessed state data to compile a list of 1,300 people who were purportedly in the country illegally. At least two more workers are suspected.

“This tactics by these rogue employees to go out and single out individuals and their families and in some cases falsely accusing people of an illegal status is deplorable and is counterproductive to the issue that ought to be the focus,” Gov. Gary Herbert said at a press conference.

Two employees have been placed on administrative leave pending completion of the full investigation, according to the governor’s office. Others may be identified as the review continues, with results to be turned over to the Utah Attorney General’s Office.
http://www.sltrib.com/sltrib/politics/49941046-90/information-state-law-list.html.csp

Drive to put immigration law on ballot abandoned: Assemblyman says lawsuits derailed his efforts
CARSON CITY -- A proposal that would have made Nevada a battleground state in controversial efforts to control illegal immigration is dead.

Assemblyman Chad Christensen is abandoning his petition drive to put an Arizona-style immigration law on the books in this state, citing costly lawsuits.
http://www.lvrj.com/news/drive-to-put-immigration-law-on-ballot-abandoned-98347464.html
See also:
Legislator fights lawsuits over initiative petition on immigration issue
http://www.lvrj.com/news/legislator-fights-lawsuits-over-initiative-petition-on-immigration-issue-98076904.html

_______________________________________
General Interest

Editorial: Challenges to Straus put ideology ahead of the state
Here's a question for Texas' conservative activists: Do you consider yourself a conservative first or a Texan first?

We raise that point because Republican House Speaker Joe Straus is coming under fire from his party's hard-right flank. State Rep. Leo Berman of Tyler, a conservative's conservative, announced last week that he wants to challenge Straus for the speakership next year. Berman complains of Straus not being sufficiently on the right.
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-straus_0628edi.State.Edition1.5154c5a.html

Denying citizenship for illegal immigrants' children is a bad idea
They are called "anchor babies" -- the children born in the United States of illegal immigrant parents -- and pressure is growing to change the meaning of the 14th Amendment so as to deny them automatic citizenship.

Ninety-one members of Congress have signed on as co-sponsors of a bill to do just that. It was submitted in the House last year by Georgia Republican Nathan Deal. Backers of Arizona's harsh anti-immigrant measure are drafting legislation that would withhold birth certificates from these babies. Similar measures are being proposed in other states.

The United States is one of the few countries in the world that bestows "birthright citizenship." Opponents of the practice say that it induces immigrants to enter the country illegally with the devious strategy of having a baby as a citizen "anchor," through which the rest of the family can petition to stay and get access to American jobs and welfare.
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/25/AR2010062504393.html

Students face deportation to countries they don't remember
Reporting from Washington and Los Angeles — Early one morning in March, two Chicago-area brothers were dozing on an Amtrak train when it stopped in Buffalo, N.Y. A pair of uniformed Border Patrol agents made their way through the car, asking passengers if they were U.S. citizens. No, the vacationing siblings answered honestly, with flat, Midwestern inflections: We're citizens of Mexico.

And so it was that college students Carlos Robles, 20, and his brother Rafael, 19 — both former captains of their high school varsity tennis team — found themselves in jail, facing deportation.

Their secret was out: Despite their upbringing in middle America, their academic success and their network of native-born friends, they had no permission to be in the United States. Their parents had brought them here illegally as children.
http://www.latimes.com/news/nationworld/nation/la-na-deport-student-20100628-1%2C0%2C218526.story

Rightward Drift on Immigration Continues
Quinnipiac has a poll out of swing-state Ohio today that should make for some interesting discussion for President Obama when he meets with the Hispanic Caucus this afternoon.

The survey finds deep support for the Arizona immigration law that has so angered many in the Hispanic community and even deeper opposition to attempts to move towards integrating illegal immigrants into American society.
http://www.nydailynews.com/blogs/dc/2010/06/rightward-drift-on-immigration.html
To read a summary of the poll by Quinnipiac University, go to:
http://www.quinnipiac.edu/x1322.xml?ReleaseID=1470

Editorial: U.S. case against Arizona law:
The suit is an assertion of federal authority, on solid grounds, but there still is a need for a sound immigration control policy.
In filing its long-awaited suit to block implementation of Arizona's harsh new immigration law, the Justice Department has taken a necessary step to reassert federal authority over immigration enforcement. The Obama administration rightly argues that states cannot be permitted to concoct their own rules and regulations on this issue to suit local needs and local politics, no matter how frustrated they are with the federal government. Allowing states to do so would result in a mishmash of laws handicapping Washington's ability to do its job.

Arizona officials have argued that the state is merely seeking to enforce federal law. But that's not quite right. The new Arizona law, scheduled to take effect July 29, makes it a crime for undocumented immigrants to be in Arizona and requires noncitizens who are in the country legally to carry registration papers with them at all times. It also requires police to check the immigration status of people who are stopped for other reasons if they are "reasonably suspected" of being in the country illegally. But, as the administration notes, being an illegal immigrant is not a federal crime: "Congress has affirmatively decided that unlawful presence — standing alone — should not subject an alien to criminal penalties and incarceration." Deportation by the U.S. government, yes; arrest by civil authorities, no.
http://www.latimes.com/news/opinion/la-ed-arizona-20100708,0,4127529.story

Turning anger on immigration law into votes:
Activists in Arizona hope increasing voter turnout among Latinos will reshape the state's policies; it's a campaign that worked in California in the 1990s.
Reporting from Phoenix — Rafael Robles has been eligible to vote ever since he became a U.S. citizen 23 years ago, but nothing has spurred him to register until two young activists visited his house here last week.

The canvassers were part of an ambitious push to increase turnout of Latino voters in the wake of a controversial state law that requires police to determine the immigration status of people they legally stop and suspect are in the country illegally.

Robles, 60, recounted how his 39-year-old daughter, a Phoenix native, has been stopped multiple times by officers who ask her in broken Spanish where she was born.
http://www.latimes.com/news/nationworld/nation/la-na-arizona-voters-20100706,0,3328699.story

Looking Back at United States v. Dan Morales, et al.
Editor's note: Texas Lawyer turned 25 on April 3. To mark our anniversary, each week the editorial department is looking back at the news we covered over the past 25 years and selecting one story to update for readers. This week, reporter Miriam Rozen updates an "Inadmissible" item from the July 21, 2003, issue of Texas Lawyer.

In 1991, Dan Morales became Texas attorney general at the young age of 34. The first Hispanic elected to statewide office in Texas and a Harvard Law School graduate, Morales was expected to rise quickly through the ranks of the Texas Democratic Party. But that did not happen.

On July 17, 2003, Morales pleaded guilty to mail fraud and filing a false tax return. [ See "Inadmissible ," Texas Lawyer, July 21, 2003, page 3. ]
http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202463416882

Studies question Arizona’s policy on English learners
The Civil Rights Project at UCLA released nine new studies Thursday that examine the condition of English-learners in Arizona, a state where these students are segregated from other students for four hours each school day.

The project says that 21 senior scholars and advanced graduate students from four major research universities -- from Stanford and Arizona State universities, UCLA and the University of Arizona -- joined in an unprecedented collaboration to produce the reports.

In addition, some of Arizona's education policies have come under scrutiny, including its challenge of an ethnic studies program, and an effort to remove teachers with heavy Hispanic accents from the classrooms of Hispanic English-learners. Language acquisition experts blasted the policy, and a research study in Israel concluded that students learn a second language better from a teacher who speaks in the same accent as they do.

About 10 percent of U.S. students are English-learners; in Arizona the number is about 15 percent.
http://voices.washingtonpost.com/answer-sheet/english-language-learners/studies-question-arizonas-poli.html?referrer=emaillinkpg
To find links to the UCLA study of English language learners in Arizona, go to:
http://www.civilrightsproject.ucla.edu/news/pressreleases/azeep-abstracts-papers.html

The un-routine sets apart Sotomayor's first term
Several partygoers were on their way into the Supreme Court one Saturday evening in May to toast retiring Justice John Paul Stevens when they ran into Justice Sonia Sotomayor. She was not heading to the festivities, but coming from her chambers, where she'd been putting in a weekend shift.

She looked neither tired from the long hours nor overwhelmed by her new responsibilities, one of the partygoers noticed. "She was beaming."

In some ways, Sotomayor's just-finished first term on the court was like those of many who have come before her: She worked constantly, turned down interview requests and most speaking engagements, wrote unglamorous and largely noncontroversial opinions and was ideologically true to the president who appointed her. She voted with Justice Ruth Bader Ginsburg more than any other colleague on the court.
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/10/AR2010071002968.html

Group responds to report alleging housing discrimination: Panel vows to educate Latino community
In answering the conclusions of a recent report showing Latino residents in Frederick County face inordinate discrimination in housing, the Frederick County Human Relations Commission hopes to educate people about their rights.

The June report by the Equal Rights Center, a Washington-based civil rights organization, found Latinos faced more adverse terms and conditions for potential housing in 79 percent of cases related to an investigation of 22 local rental properties.

Commission President Hayden Duke said that anyone in Frederick County or elsewhere faces discrimination is disappointing and unacceptable.

"I think more than anything, it's a matter of education," he said.
http://www.fredericknewspost.com/sections/news/display.htm?StoryID=106752
To find the report by the Equal Rights Center “Fair Housing for All: The Disparate Response to Latino Housing Needs in Frederick County, MD”, go to:
http://www.equalrightscenter.org/publications/documents/FAIRHOUSINGFORALLfinalreport.pdf
(Note: From the report: “The study found that in a disturbing 79 percent of tests, Latinos seeking housing were subjected to discriminatory treatment—as evidenced by the imposition of different, more adverse terms and conditions on potential Latino tenants when compared to their white counterparts.”)

Comcast Plans to Add Latino Board Member Amid Proposed NBC Deal
June 30 (Bloomberg) -- Comcast Corp., the biggest U.S. cable operator, plans to name a Latino member to its board as it seeks support from minorities concerned that its proposed merger with General Electric Co.’s NBC Universal may increase discrimination.

Comcast and NBC Universal have worked with Hispanic groups to help “realize opportunities for Latinos” that would come from the proposed deal, Susan Gonzales, senior director of federal and external affairs at Comcast, wrote on the company’s blog today. Comcast will also recruit Latino employees and air more minority programming, she said.
Adding a Hispanic director is a priority independent of the NBC merger, said Executive Vice President David L. Cohen. Comcast plans to add the Latino board member within two years of the deal’s closing.

The company “does not have a great diversity record,” Alex Nogales, president of the National Hispanic Media Coalition, said in a congressional hearing about the Comcast-NBC deal this month. He urged Comcast to make additional commitments to hire minorities and buy goods and services from businesses owned by minorities. Comcast’s board currently consists of 13 members, one of whom is black and one of whom is a woman.
http://www.businessweek.com/news/2010-06-30/comcast-plans-to-add-latino-board-member-amid-proposed-nbc-deal.html

Editorial: MLB should move the 2011 All-Star game out of Arizona
Major League Baseball is preparing to host its All-Star game Tuesday, and roughly one-third of the players who will be in Anaheim are African American and Latino. Hispanic and African American players typically make up a third of all those playing major-league ball, with hundreds more in the minors. Given the diversity of today's game, it is especially frustrating that baseball Commissioner Bud Selig remains silent about the nightmare next year's All-Star game could pose for millions of Americans.

Major League Baseball is scheduled to play its 2011 All-Star Game in Phoenix, where discrimination and racial profiling will effectively be sanctioned by SB1070, Arizona's controversial new immigration law. Unless the league acts, next year our favorite all-stars could enter a hostile environment, and the families, friends and fans of a third of the players could be treated as second-class citizens because of their skin color or the way they speak.

This law isn't about solving the immigration issue; it's about scapegoating, an established practice in Arizona. For years, law enforcement agencies have criticized the Maricopa County sheriff's office for not serving felony arrest warrants in favor of conducting "saturation" sweeps in which hundreds of Latinos have been indiscriminately arrested in order to find undocumented immigrants. Phoenix Mayor Phil Gordon has stated that "citizens are being stopped because they are brown," and in a letter to the Justice Department he asked for a federal investigation into Maricopa County Sheriff Joe Arpaio based on his "pattern and practice of conduct that includes discriminatory harassment, improper stops, searches, and arrests." And this was before SB1070 became law.
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/11/AR2010071103040.html?hpid=opinionsbox1

Gallardo would boycott '11 All-Stars over Arizona immigration law, other players voice concern
ANAHEIM, Calif. (AP) — Yovani Gallardo is firm. Even if he's fortunate enough to make the All-Star team again next summer, he'll skip it.

"If the game is in Arizona, I will totally boycott," the Milwaukee Brewers pitcher said Monday.

A year before Phoenix is set to host baseball's big event, the state's new immigration law kept drawing the attention of major leaguers. Kansas City reliever Joakim Soria, who leads the majors with 25 saves, said he would support a Latino protest and stay away. Detroit closer Jose Valverde can see himself steering clear, too.

Several All-Stars avoided the topic.

"That's a political thing," New York Yankees second baseman Robinson Cano said. "I don't have anything to say about it. They already made a decision. If I say anything it's not going to make any difference." "Wrong guy," teammate Alex Rodriguez said, pointing to other players in the interview room.
http://www.chicagotribune.com/sports/sns-ap-bbo-all-star-arizona-next,0,1574445.story

Mehserle case re-ignites debate over lack of diverse juries - impact on verdicts
Moments after the verdict was announced this week in a racially charged case involving a white transit cop who fatally shot a black man, the accusations rang out.

Critics said the jury convicted former BART police Officer Johannes Mehserle of the least serious of three homicide charges — involuntary manslaughter — because none of the jurors were black. Three were Hispanic, one was Asian, and eight were white.

Though the verdict prompted protests and looting in Oakland on Thursday, the violence was limited — mostly likely because it is so rare for a jury to find an on-duty police officer guilty of any abuse that the verdict was viewed by some as a small victory.

But the case has rekindled a hotly debated legal issue — the impact of the under-representation of minorities on juries, particularly blacks.
http://www.mercurynews.com/breaking-news/ci_15487166?nclick_check=1

Albuquerque ideal for those fleeing discrimination
Some Hispanic immigrants and families may soon call Albuquerque their new home.

As a result of Arizona’s “draconian” new immigration law, undocumented immigrants and legal Hispanic citizens are looking to escape the state, said Ralph Arellanes, director of New Mexico’s League of United Latin American Citizens (LULAC).

New Mexico, Utah and Washington are the only states that issue driver’s licenses to undocumented immigrants, according to Stateline.org. New Mexico issued about 80,000 driver’s licenses to foreign nationals, a group that includes undocumented immigrants, said S. U. Mahesh, New Mexico Taxation and Revenue spokesman.
http://www.dailylobo.com/index.php/article/2010/07/albuquerque_ideal_for_those_fleeing_discrimination?mailsent#mailform

R.I. troopers embrace firm immigration role: In contrast to Mass., they report all who are present illegally
SCITUATE, R.I. — Rhode Island State Trooper Nuno Vasconcelos was patrolling Interstate 95 a few months ago when he came upon a two-car accident in heavy traffic. The trooper pulled up, stepped out of his cruiser, and asked one of the drivers for his license.

The man said he did not have a license, and under questioning, confessed that he was here illegally from Guatemala.

If the accident had happened 15 miles north in Massachusetts, the man would probably have been arrested for driving without a license, which carries a fine of up to $1,000 and 10 days in jail, then released pending an appearance in district court. But in Rhode Island, illegal immigrants face a far greater penalty: deportation.
http://www.boston.com/news/local/rhode_island/articles/2010/07/06/ri_troopers_embrace_firm_immigration_role/

Commentary: Arizona immigration law motivates California's Latino voters
Earlier this year, the Los Angeles County Federation of Labor, which I oversee, set out to learn how local Latinos decide whether to participate in elections. The issue was more complicated than we'd anticipated.

We began our research with six focus groups composed of registered Latino voters who had cast ballots in the 2008 presidential election, yet hadn't always voted in elections for California governor. We wanted to know why they sometimes didn't vote.

But the groups had something else they wanted to discuss. It took no more than 10 minutes for each of the groups to shift to very emotional discussions about Arizona's draconian new immigration law. It was a subject we hadn't planned to raise, but we soon learned that it was very much on the minds of Latinos here as they talked about government and why they do or don't participate in it. In fact, to our surprise, more focus-group participants knew the number of the Arizona bill (SB 1070) than the names of California's two major candidates for governor.
http://www.latimes.com/news/opinion/la-oe-0716-durazo-latinos-arizona-imm20100716,0,1754509.story

Arizona immigration law heads to court, with $1.2 million war chest
First of seven lawsuits against tough Arizona immigration law is heard Thursday in federal court in Phoenix. Money from private donors across the US has flowed into a defense fund for the statute.

As Arizona heads to court Thursday to defend its tough new immigration law in the first of several legal challenges, it has the backing of many Americans who have opened their wallets to show support for the border state.

Contributions to Gov. Jan Brewer’s special legal defense fund now top $1 million, mostly in website donations of less than $100 pouring in from all over the country. Arizona, California, Texas, and Florida are the states with the most online donors.

As of Tuesday, website contributions totaled $1,104934.63 from 23,955 donors, according to the governor’s office. Additional mail-in donations totaled $93,084, with contributions still coming in, says Tasya Peterson, a Brewer spokeswoman. The average donation is about $46.
http://www.csmonitor.com/USA/Justice/2010/0715/Arizona-immigration-law-heads-to-court-with-1.2-million-war-chest
See also:
Hate donations to 1070 legal fund prompt inquiry
http://azstarnet.com/news/blogs/pueblo-politics/article_287f839a-9032-11df-a07b-001cc4c03286.html

Griego: Shared experiences shape fear, pain
"Why would a legal Latino be for an illegal Latino?" The man who asked me this last week is a regular caller and a decent human being. He must, then, be separated from the woman who asked me the same thing and then wondered why her Latino friend was upset by her suggestion that Mexicans are "too stupid or too lazy" to learn to speak English. I include this latter comment not for any cheap points, but because it speaks to my answer.

The answer must be accompanied by a Generalization Alert. That is, when speaking of Latinos, as with any group, one must acknowledge the variety of experience and opinion present.
http://www.denverpost.com/search/ci_15502000

Monday, June 28, 2010

Hispanic Issues Section News Summary, Issue 39

Dear Hispanic Issues Section Members:

Arizona’s recent enactment of SB 1070 signals a new and probably difficult era for the civil rights of Hispanics.

The supply of news articles about Arizona’s new anti-immigrant law that could have been appended to this news summary was boundless. Inevitably, each article, whether pro, con or neutral, was followed by reader comments that mostly displayed a strong anti-immigrant and/or anti-Latino bias.

In a Quinnipiac University poll, conducted from May 19-24, 51% of the respondents said they favored Arizona’s anti-immigrant law. Interestingly, the same poll found that 45% of the respondents thought the Arizona law might lead to more discrimination against Hispanics. Go to: http://www.quinnipiac.edu/x1295.xml?ReleaseID=1460

Not surprisingly, a sampling of Latino voters in Arizona returned very different result:
A new survey released today by Latino Decisions, and commissioned by the National Council of La Raza (NCLR) shows Latino registered voters in the state of Arizona are strongly opposed to new immigration law, 1070, which was signed into law on April 23. Overall, 81% of Latinos are opposed to 1070 and 16% in favor. When asked if they thought police would also stop legal immigrants or U.S. born Latinos, 85% of Latino voters said yes, and 72% said they thought police would primarily target people who are Hispanic when deciding who to question.

What’s more, the survey finds opposition and concerns remains strong across immigrant generation. Contrary to some claims that only Latino immigrants would be concerned over the new Arizona law, the data clearly show that second, third and fourth generation U.S. born Latinos firmly oppose the law. Among foreign-born voters, 90% oppose the law, while 82% oppose in the second generation (who have foreign-born parents), 79% oppose in the third generation (who have foreign-born grandparents), and 67% oppose into the fourth generation. When asked about concerns over profiling, the results are even more consistent across generation: 85% of immigrant voters are worried about racial profiling, and 89% are concerned in the second generation, 81% in the third generation, and 80% in the fourth generation. The data clearly show that Latinos as a group are very concerned about the new Arizona immigration law, and even those beyond an immediate connection to immigration have strong concerns.

To see the poll results, go to:
http://latinodecisions.wordpress.com/2010/05/06/latino-voters-strongly-reject-arizona-immigration-law-1070/

For now, we must prepare for what will probably be a very difficult Texas Legislative Session in 2011. The civil rights of many Texas families may rest in the balance.

To read Arizona SB 1070, go to:
http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_billengrossedwithhb2162.doc.htm

As always, I hope you find the referenced news articles informative.

Best Wishes.

Prepared by
John Vasquez
Chair
Hispanic Issues Section, State Bar of Texas
johnvasq@gmail.com


PS: The National Council of La Raza (NCLR) is holding it’s 2010 Conference in San Antonio July 10 to 13. Conference activities begin on Saturday, July 10, with the National Latino Family Expo. The Expo is free and features different pavilions for Health, Community, Culture and Technology. If you are interested in attending, you can find a link to more information at: http://www.nclr.org/ .


NOTE: This News Summary is a service of the Hispanic Issues Section of the State Bar of Texas. If you would like to support HIS, visit
http://www.texasbar.com/Template.cfm?Section=Sections and click “MyBarPage” (near the bottom of the page) to join online. For further information, contact the Sections Department at 1-800-204-2222 or (512) 427-1463 ext. 1420.

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Top News

Legislators aim to copy Ariz. immigration law: Politicians in as many as 18 states seek to push similar measures
BOISE, Idaho — Arizona's sweeping new immigration law doesn't take effect until next month, but lawmakers in nearly 20 other states are already clamoring to follow in its footsteps.

Gubernatorial candidates in Florida and Minnesota are singing the law's praises, as are some lawmakers in other states far from the Mexico border such as Idaho and Nebraska. But states also are watching legal challenges to the new law, and whether boycotts over it will harm Arizona's economy.
The law, set to take effect July 29, requires police to check the immigration status of anyone they think is in the country illegally. Violators face up to six months in jail and $2,500 in fines.

Lawmakers or candidates in as many as 18 states say they want to push similar measures when their legislative sessions start up again in 2011. Arizona-style legislation may have the best chance of passing in Oklahoma, which in 2007 gave police more power to check the immigration status of people they arrest.
http://www.msnbc.msn.com/id/37930466/ns/us_news-immigration_a_nation_divided

Justice Dept. Will Fight Arizona on Immigration
The Obama administration has decided to file a lawsuit to strike down a new Arizona law aimed at deporting illegal immigrants, thrusting itself into the fierce national debate over how the United States should enforce immigration policies.

The federal government only occasionally intervenes forcefully in a state’s affairs, and it carries significant political risks. With immigration continuing to be a hot issue in political campaigns across the country, the Arizona law, which grants the local police greater authority to check the legal status of people they stop, has become a rallying cry for the Tea Party and other conservative groups.
http://www.nytimes.com/2010/06/19/us/politics/19arizona.html?ref=americas

Split decision: Council criticizes Arizona law
In a vote that split three North Side council members from their colleagues, the City Council on Thursday approved a resolution that denounces Arizona's controversial immigration law and sends a message to lawmakers that San Antonio won't tolerate attempts to pass a similar bill in Texas next year.

The council's 8-3 vote came after several hours of public input and council debate. Council members John Clamp, Elisa Chan and Reed Williams voted against the resolution.

The vast majority of the 45 people who spoke favored the resolution, and some said they believed it could be stronger.

Castro said there's a “certain ugliness” in Arizona right now that includes a legislative agenda that also produced a ban on ethnic studies and a directive from the state education department that bans teachers with accents from teaching English.

He rebuked the Arizona law and its potential applications in Texas.

“How do you tell if someone is here legally or illegally? By the way they look? By the way they sound? By what they're doing? By where they work?” he asked. “Our statement today is not only a statement about what this type of legislation would mean for folks who may be here who are undocumented. It's principally a statement about what it will mean for people who are here who are citizens, who are legal!”
http://www.mysanantonio.com/news/local_news/council_approves_resolution_denouncing_arizona_immigration_law_97100349.html

Rental market wired for discrimination
It helps to be white if you are trying to rent in Boston. At least those who advertise apartments on Craigslist clearly prefer to rent to white rather than to African-American or Hispanic households.

According to real estate industry sources and a 2010 survey by the Pew Research Center, more than half of all homeseekers today utilize the Internet in their search for housing with Craigslist being the primary search engine. Between January and May of 2009 we submitted responses to a representative sample of 739 housing providers who advertised rental units on Craigslist in metro Boston. Each provider received similar e-mail responses from three equally qualified “testers” - one with a white sounding name (Matthew O’Brien or Neil Baker); one with an African-American sounding name (Tremayne Robinson or Tyrone Jackson); and one with a Hispanic sounding name (Pedro Gonzales or Jorge Rodriguez). (We also tested 726 housing providers in Dallas with similar results.)

The discrimination was not the overt, explicit, door-slamming type common a few decades ago. But though more subtle, it was clear. Initially most of the testers appeared to be treated similarly. But as we moved deeper into the search process the disparities grew.
http://www.bostonherald.com/news/opinion/op_ed/view.bg?articleid=1258551&srvc=home&position=emailed
To find the paper “Cybersegregation in Boston and Dallas: Is Neil a More Desirable Tenant than Tyrone or Jorge?” go to:
http://paa2010.princeton.edu/download.aspx?submissionId=101314

Latinos face discrimination by skin color
COLUMBUS, Ohio, June 3 (UPI) -- U.S. Latinos may be shifting racial boundaries because they face discrimination, a sociologist says.

Reanne Frank of Ohio State University in Columbus says while some Latino immigrants to the United States may be accepted as white, relatively darker-skinned Latinos earned, on average, $2,500 less per year than their lighter-skinned counterparts.

Frank, Bo Lu of Ohio State, and Ilana Redstone Akresh of the University of Illinois analyzed data -- including skin color -- gathered by interviewers as part of the 2003 New Immigrant Survey that involved 1,539 self-identified Latinos
http://www.upi.com/Health_News/2010/06/03/Latinos-face-discrimination-by-skin-color/UPI-75801275540605/
The referenced report appears in the American Sociological Review (June 2010 edition) which is available for download at:
http://www.asanet.org/images/journals/docs/pdf/asr/Jun10ASRFeature.pdf

Most Americans back new Arizona law, Washington Post-ABC News poll finds
Most Americans support the new, controversial Arizona law that gives police there the power to check the residency status of suspected illegal immigrants. But most also still back a program giving those here illegally the right to earn legal documentation, according to a new Washington Post-ABC News poll.

Immigration has been rising in prominence as an issue and has the potential to roil party unity on both sides as Democrats and Republicans push for the upper hand in the midterm elections. Liberal Democrats are broadly against the Arizona law; moderate and conservative Democrats are more evenly split on the issue. Most staunch Republicans oppose a "path to citizenship," while a majority of other Republicans favor such a plan. At the Texas Republican convention last week, the party splintered over the issue, with moderates proposing a legalization plan through military service, and the party ultimately adding an Arizona-like measure to its plank.
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/17/AR2010061700008.html

SB 1070 disputed on new grounds
PHOENIX - Saying domestic-violence victims will be endangered, a national organization that advocates on behalf of women wants a federal judge to block Arizona from enforcing its new law aimed at illegal immigrants.

Legal papers filed Wednesday in U.S. District Court by Legal Momentum say federal law gives special protection to immigrant women to encourage them to report crimes and help prosecute them without fear of being deported. Attorneys also said other federal statutes guarantee access to certain services, including emergency shelter, without regard to immigration status.
http://azstarnet.com/news/local/govt-and-politics/article_e2e0d36e-5efd-5f8e-9339-a865fd292d09.html

Conference to focus on Arizona law
The National Council of La Raza's 2010 annual conference returns to San Antonio next month after a nearly 30-year absence.

Leaders of an organization that bills itself as the country's largest civil rights and advocacy organization for Hispanics expect a controversial immigration law from Arizona to draw much of the attention.

“It's very relevant right now,” said Janet Murguía, the council's chief executive officer about an Arizona law that criminalizes unauthorized immigration and requires Arizona police to question anyone they “reasonably suspect” of being undocumented.

Murguía was in San Antonio Tuesday to announce a partial list of speakers for the conference, set for July 10-13 at the convention center.
http://www.mysanantonio.com/business/national_council_of_la_raza_conference_to_focus_on_arizona_law_96934149.html

CEOs of Disney, Boeing, Hewlett-Packard join NYC mayor to advocate for immigration reform
NEW YORK (AP) — Chief executives of several major corporations, including Hewlett-Packard, Boeing, Disney and News Corp., are joining Mayor Michael Bloomberg to form a coalition advocating for immigration reform — including a path to legal status for all undocumented immigrants now in the United States.

The group includes several other big-city mayors and calls itself the Partnership for a New American Economy. It seeks to reframe immigration reform as the solution to repairing and stimulating the economy.
http://www.latimes.com/business/nationworld/wire/sns-ap-us-nyc-mayor-immigration-group%2C0%2C2821930.story

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Texas

Fired For Missing His Own Birthday Party?
MARSHALL, Texas - A longtime employee says the City of Huntington fired him on the pretext that he missed his own birthday party at the office. Theodore Lopez says he "was attending a visitation at a local funeral home with his wife." Lopez claims the city actually fired him because he is Latino.

In his federal complaint, Lopez, a machine operator, claims Huntington needed to reduce its budget and selected him because of his Mexican ancestry, rather than firing a white man with less seniority and experience.

Lopez claims that three white city employees also missed the birthday party, but none were fired or disciplined for it.
http://www.courthousenews.com/2010/05/20/27439.htm

Education board’s tilt ignores Texas realities
Poll results this week showing how many in this country feel Hispanics are discriminated against were stunning in their depth. The Associated Press-Univision Poll found 61 percent — 81 percent among Hispanics and 59 percent among non-Hispanics — believed Hispanics were subjected to “some” or “a lot” of discrimination.

Along the same lines, 52 percent of all those polled felt blacks suffered “some” or “a lot” of discrimination.

It's one thing to see poll results. It's another thing entirely to watch what looks like discrimination play out in real time as it has over the past five months with the State Board of Education.
http://www.mysanantonio.com/news/politics/demographic_projections_make_fallacy_of_sboe_direction_clear_94638214.html

DREAM Act coalition in D.C. today to push for passage this year
Momentum is building for passage of the DREAM Act, a piece of immigration-related legislation that would create a path toward citizenship for youths brought to the United States as children. They have known no other country. An estimated 60,000 of them could face deportation to countries they don't know nor understand. Among them are valedictorians from San Antonio whose lives and educations have been interrupted. Too many of them, stopped for minor traffic offenses, for example, are facing deportation or are living in fear of it.

Eric Baldera
s, valedictorian at Highlands High School and a student at Harvard University is one of them. Yet another is Benita Veliz, valedictorian at Jefferson High School and a graduate of St. Mary's University, whose case remains unresolved.
http://blogs.mysanantonio.com/weblogs/latinlife/2010/06/dream-act-coalition-in-dc-toda.html

UH law clinic victorious in high court over immigration case
Just minutes after University of Houston Immigration Clinic Director Geoffrey Hoffman heard that the U.S. Supreme Court had reached a unanimous decision Monday for a long-time clinic client, he fired off an e-mail to three of his students. "We Won!" he wrote. "Congrats!"

The victory in the case of Jose Carachuri, a legal immigrant from Mexico facing deportation for a second misdemeanor drug charge, could potentially affect thousands of legal immigrants facing deportation, Hoffman said.

Carachuri, who came to the U.S. at age 5, was placed into deportation proceedings in Houston after he pleaded no contest to a misdemeanor drug possession charge for having a single tablet of Xanax, an anti-anxiety medication. It was his second conviction, following an arrest for misdemeanor marijuana possession.

The legal question at the center of the case was whether having a second misdemeanor conviction would amount to an "aggravated felony" under immigration law and make him subject to deportation. In the Supreme Court's decision, Justice John Paul Stevens wrote that the case involved a "maze of statutory cross-references."
http://www.chron.com/disp/story.mpl/metropolitan/7057357.html

Officials: Harvard student will not be deported
BOSTON -- An undocumented Harvard University student is no longer facing deportation to Mexico after being detained nearly two weeks ago by immigration authorities at a Texas airport, officials said.

U.S. Immigration and Customs Enforcement said late Friday that they would not pursue the deportation of Eric Balderas. The 19-year-old was detained June 7 after he tried to use a university ID card to board a plane from San Antonio to Boston.

ICE spokesman Brian P. Hale told The Boston Globe that Balderas had been granted deferred action, which can be used to halt deportation based on the merits of a case.
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/19/AR2010061900197.html

Opinion: Top-notch immigrant students deserve better
Benita Veliz immediately identified with Eric Balderas when she heard that the 2009 Highlands High School valedictorian and Harvard University student had been detained and was facing deportation. Balderas is in the country illegally. So is Veliz, a 2002 Jefferson High School valedictorian.

One of the parallels Veliz was drawing was unseen to most. Veliz told me this week that she, too, had a shot at an Ivy League education. She turned it down because she feared her immigration status would be more easily revealed, as it was for Balderas, with all the traveling she was likely to do between her family's adopted hometown of San Antonio and Hanover, N.H., home of Dartmouth College, which had offered Veliz a nearly full scholarship.
http://www.mysanantonio.com/news/columnists/veronica_flores_paniagua/dream_act_poster_children_have_a_lot_to_offer_us_96533774.html

Viewpoint: Legal immigrants welcome in Texas; illegals are not
By State Sen. Jeff Wentworth - Guest Columnist
Long before the president announced he would send National Guard troops to the U.S.-Mexico border and the Arizona Legislature adopted a get-tough policy toward illegal immigrants, Texas legislators and Gov. Rick Perry were joining forces to increase security in the border region.

I am aware that immigration bills often trigger both heated debate on the Senate floor and an avalanche of constituent calls. It is an issue so controversial and difficult to solve that the federal government, whose responsibility it is to control the nation's borders, has yet to come up with an immigration bill despite repeated attempts by both this and previous administrations.

Border security and illegal immigration are sure to be two of the top issues we will be addressing when the Texas Legislature convenes in January 2011.
http://www.mysanantonio.com/community/opinion/legal_immigrants_welcome_in_texas_illegals_are_not_96419384.html?showFullArticle=y

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USA

More Than 20,000 Expected at Albuquerque Convention Center for 81st Annual LULAC National Convention
WASHINGTON, DC — Immigration policy will be a hot-button topic when more than 20,000 participants gather for the 81st annual convention of the League of United Latin American Citizens in Albuquerque, N.M., July 12-17th at the convention center. The new immigration law enacted by neighboring Arizona will be a focal point, along with such issues as education, health care and diversity. This year's national conference theme, New Strategies for Community Empowerment: New Leadership through Action, will take on these pressing concerns.

LULAC wants to focus on overcoming immigration measures in Arizona by condemning Governor Jan Brewer's decision to sign the unconstitutional bill. Her disregard for the serious damage it could cause to civil liberties and public safety in the state is troubling. Poll after poll demonstrates that the majority of Americans support Comprehensive Immigration Reform that restores the rule of law by including legalization and enforcement. LULAC will use the convention as a vehicle for change.
http://www.msnbc.msn.com/id/37918796

In Historic Defeat, Sandoval Ousts Nevada Gov. Gibbons in GOP Primary
CARSON CITY - It didn't take long for Nevadans to make history by ousting incumbent Gov. Jim Gibbons in the Republican primary Tuesday.

In taking down Gibbons, former federal Judge Brian Sandoval achieved two other firsts: He became the first Hispanic to claim a major-party gubernatorial nomination in Nevada, and he set into motion the longest-ever lame-duck period for a governor, leaving Gibbons in office for seven more months until the next governor takes office.

Sandoval had little, if any, official support from Tea Party affiliations, but it wasn't for lack of trying. Long considered a moderate, he sought to curry conservative support by pledging to be as tough as Gibbons on taxes and by saying he supports a controversial Arizona law aimed at curbing illegal immigration.

Sandoval, who was Nevada's first Hispanic attorney general, said he supports the law because the U.S. government has failed to cope with the issue and because it specifically prohibits racial profiling.

His support for the law cost him an endorsement from the Las Vegas-based group Hispanics in Politics, which endorsed Gibbons in the Republican primary. Rory Reid, a Spanish speaker, is working to cultivate the Hispanic vote.
http://www.hispanicbusiness.com/news/newsbyid.asp?idx=195682&page=1&cat=&more=

Hispanic judge says complaint against him race-based
A state District Court judge in Anchorage who faces an ethics complaint against him denies a mental illness and says any anxiety he exhibited to fellow court personnel was because of discrimination in the workplace, according to his response to the Commission on Judicial Conduct filed this week.

The Judicial Conduct Commission in its complaint said the 44-year-old Postma suffers from a mental illness, which it did not specify. The complaint does not allege misconduct on the bench -- or criminal conduct or substance abuse. It is unclear from the public documents what led the commission to file its complaint.
http://www.adn.com/2010/06/03/1306815/hispanic-judge-says-complaint.html

L.A. City Council to file court brief backing overturning of Arizona immigration law
The Los Angeles City Council voted Tuesday to file a court brief supporting a coalition that is seeking to overturn an Arizona law that cracks down on illegal immigration.

On an 8-2 vote, the council agreed to file paperwork siding with the plaintiffs in Friendly House, et al vs. Whiting, which charges that Senate Bill 1070 interferes with federal power and authority over immigration matters. The law makes it a state crime to lack immigration papers and requires police to determine the citizenship status of people they stop for another lawful reason and suspect are in the country illegally.
http://latimesblogs.latimes.com/lanow/2010/06/la-council-to-file-court-brief-backing-overturn-of-new-arizona-immigration-law.html

Court OKs Calif. city's day laborer crackdown
SAN FRANCISCO — 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 Mexican American Legal Defense and Education Fund, known as MALDEF, which sued the city, said it would ask a 15-judge panel of the same court to reconsider the decision.
http://www.google.com/hostednews/ap/article/ALeqM5jppAxGMFJgrMbXSwMDsWw1odONogD9G82U6G2

First Latino Board Member Is Elected in Port Chester
PORT CHESTER, N.Y. — This village in Westchester County has elected a Hispanic member to its board of trustees for the first time, capping a bitter legal battle over giving its large Latino population a stronger voice in local government.

That member, Luis Marino, a Peruvian immigrant who ran as a Democrat, was among the victors Tuesday in the first local election since a federal judge ordered Port Chester to adopt a new voting system to give Latinos a better shot at electing one of their own to the six-member board.

According to the most recent census data, from 2006 to 2008, Latinos make up 49 percent of the village’s roughly 28,000 people, though many are not citizens; about 39 percent are non-Hispanic whites and 7 percent are black. Still, in past elections, the preferred candidates for the village board among Latino voters were usually defeated.

The election of Mr. Marino, one of two Latino candidates on the ballot, could lead to the wider use of cumulative voting as a remedy in voting rights lawsuits, said FairVote’s executive director, Rob Richie.
http://www.nytimes.com/2010/06/17/nyregion/17chester.html?scp=1&sq=PORT%20CHESTER&st=cse

Vote system that elected NY Hispanic could expand
PORT CHESTER, N.Y. — The court-ordered election that allowed some New Yorkers to flip the lever six times for one candidate — and produced a Hispanic winner — could expand to other towns where minorities complain their voices aren't being heard.

But first, interested parties will want to take a look at the exit surveys.

The unusual election was imposed on Port Chester after a federal judge determined that Hispanics were being treated unfairly.
http://www.google.com/hostednews/ap/article/ALeqM5iuYztkfrDc_f76DaA40jU-IXWS9AD9GDSNTO2

Midwest Town Mandates Immigration Check for Renters
The small town of Fremont, Neb. -- barely 7 miles wide and with a population of 25,000 -- has rarely garnered national attention. But today this Midwestern community sent ripples through the country as voters overwhelmingly voted for a controversial ordinance designed to ferret out illegal immigrants.

The ordinance aims to zero in on illegal aliens in the workplace and at their temporary homes. Under the ordinance, renters would have to apply for a license, which includes a police check of the applicant's legal status. Undocumented aliens would be turned over to the federal government.

What's different about the Nebraska ordinance is that it covers a town that is nowhere near a U.S. border and which has only a small immigrant population, mostly Hispanic. According to the U.S. Census bureau, 93 percent of Fremont's population is white and just 7 percent is Hispanic, although that number has grown steadily in the last decade as the city's white population has shrunk.
http://abcnews.go.com/Politics/immigration-debate-heats-fremont-nebraska/story?id=10972180

Lawmakers across country taking immigration policy into own hands
With widespread attention focused on Arizona's tough new law against illegal immigration -- and a measure approved this week in the small town of Fremont, Neb. -- similar proposals are under consideration across the country.

Five states -- South Carolina, Minnesota, Pennsylvania, Rhode Island and Michigan -- are looking at Arizona-style legislation, according to the National Conference of State Legislatures. NDN, a Washington think tank and advocacy group, said lawmakers in 17 other states had expressed support for similar measures.

In the first three months of this year, legislators in 45 states introduced 1,180 bills or resolutions dealing with immigrants, an unprecedented number, according to the NCSL. By the end of March, 107 laws and 87 resolutions had been adopted by 34 states, with 38 bills pending. Not all of the proposals were designed to clamp down on illegal immigrants. Ann Morse, director of the Immigrant Policy Project at the NCSL, said they represented "a spectrum" of pro- and anti-immigration measures.
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/23/AR2010062305335.html

Shasta County judge denies I-5 racial profiling allegations
A Shasta County Superior Court Judge has shot down defense attorneys’ allegations that local drug agents are racially profiling Hispanic drivers on Interstate 5.

In an 18-page ruling released Tuesday, Shasta County Superior Court Judge James Ruggiero wrote that reasonable proportions of whites and Hispanic drivers were being stopped by Shasta County drug agents on I-5.

Earlier this spring, the Shasta County Public Defender’s Office filed court documents alleging that for years, deputies working for Cal-MMET specifically targeted Hispanic drivers suspected of hauling cash and drugs along I-5.
http://www.redding.com/news/2010/jun/24/shasta-county-judge-denies-i-5-racial-profiling-al/

Government offers $1.3B to settle discrimination case
WASHINGTON, D.C. - The federal government offered a $1.33 billion settlement in a lawsuit against the U.S. Department of Agriculture.

The lawsuit, Garcia v Vilsack, alleges the USDA discriminated against Hispanic and women farmers when it distributed funds from farm credit and non-farm credit benefit programs.

"This fight is far from over," said Stephen Hill, the attorney for the Hispanic farmers. "While we applaud the government's beginning settlement discussions, there is much more to be considered before this can be presented to those who have suffered this discrimination."
http://www.kingmandailyminer.com/main.asp?SectionID=1&SubSectionID=799&ArticleID=38275

Arizona ethnic studies ban reignites discrimination battle
TUCSON - The ethnic-studies program targeted for elimination under a new state law was itself created to help resolve a race-discrimination lawsuit against Tucson public schools.

The program has long drawn fire from critics, most significantly state Superintendent Tom Horne, who says it provokes racism and wants it shut down. Backers of House Bill 2281, signed by Gov. Jan Brewer last week, say it is intended to do that.

But when the Mexican-American studies program began in 1997, it was meant to appease families who had sued the district, alleging segregation and racial inequity across the school system.

The origins of the courses further complicate an issue that has divided the school system and thrust Arizona, yet again, into the national spotlight on issues of race and immigration.
http://www.azcentral.com/arizonarepublic/news/articles/2010/05/19/20100519arizona-ethnic-studies-lawsuit.html

Black students added to discrimination probe at L.A. Unified
Under pressure from local community leaders, the federal Office for Civil Rights will look at whether low academic achievement of African American students results from discrimination -- intentional or not -- by the Los Angeles Unified School District.

The probe, disclosed in a recent letter to community groups, expands an ongoing investigation into services provided to students who are learning English.

Officials with the federal agency said in March that they would focus on English learners at L.A. Unified because the district has about 220,000 -- more than any other school system in the country. English learners, most of them Latino, make up a third of students in the nation’s second-largest school system. Black students make up 10.8% of enrollment.
http://latimesblogs.latimes.com/lanow/2010/06/lausd-black-students-discrimination-investigation.html

VISTA: School district to consider changing how trustees are elected
California - The Vista school board is set to decide Thursday on a proposal to create voting districts in the Vista Unified School District that could help ensure Latino residents have a voice on the panel.

The plan is in response to legal challenges in northern and central California by the Lawyers' Committee for Civil Rights, a San Francisco-based legal group that takes cases related to race, immigration and poverty. The group's members have argued that districtwide elections can violate voting rights by making it more difficult for minority groups to elect representatives.

More than half of the students in the district are Latino, but a Latino candidate has never been elected to the school board.
http://www.nctimes.com/news/local/vista/article_01d9b0b7-1d41-5816-ba6a-1b4a1a3aaa15.html

Laughs, backing for AZ plan to end birthright citizenship
PHOENIX - Emboldened by passage of the nation's toughest law against illegal immigration, the Arizona politician who sponsored the measure now wants to deny U.S. citizenship to children born in this country to undocumented parents.

Legal scholars laugh out loud at Republican state Sen. Russell Pearce's proposal and warn that it would be blatantly unconstitutional, because the 14th Amendment guarantees citizenship to anyone born in the United States.

But Pearce brushes aside such concerns. And given the charged political atmosphere in Arizona and public anger over what many regard as a failure by the federal government to secure the border, some politicians think the idea has a chance of passage.
http://azstarnet.com/news/local/border/article_f73242d5-6959-5299-be62-e3aabb49ea64.html

Groups file challenge to Arizona-type immigration initiative
Two groups concerned with the local tourism industry filed a joint legal challenge Monday against an initiative to create an Arizona-type law cracking down on illegal immigrants, saying it could hurt an already stressed economy.

The American Civil Liberties Union of Nevada and the Nevada Open for Business Coalition each filed separate legal challenges to the initiative on Friday.
http://www.lvrj.com/news/groups-file-challenge-to-arizona-type-immigration-initiative-96847439.html

Miranda rights may complicate SB 1070 enforcement in Arizona
As the effective date of Arizona's new immigration law nears, new concerns are being raised by municipal officials about how to effectively enforce it without creating a legal and financial quagmire.

At a public forum Tuesday, two southeast Valley mayors said the law could boomerang on its authors by actually reducing immigration enforcement because of its rigid legal requirements.

Meanwhile, Phoenix's Police Chief Jack Harris estimated enforcement could cost Phoenix as much as $10 million annually in jail bookings forced by the law.

Senate Bill 1070, signed into law this spring by Gov. Jan Brewer, makes it a state crime to be in the country illegally. It says an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.
http://www.azcentral.com/news/election/azelections/articles/2010/06/23/20100623arizona-immigration-law-miranda-rights.html#ixzz0rh7tOqHH

_______________________________________
General Interest

EDITORIAL: Another Bad Idea From Arizona
Not satisfied with a shameful new law that invites, indeed demands, racial profiling, some Arizona politicians are now pushing for a law that would deny citizenship to babies born in Arizona whose parents cannot prove they are legal immigrants.

The 14th Amendment, adopted after the Civil War, states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” It could not be clearer.

The Constitution apparently does not matter to these politicians. They also do not seem to care that Arizona is earning a national reputation for intolerance and racism — and if it continues this way will pay an economic price in boycotts of its lucrative tourism industry.
http://www.nytimes.com/2010/06/20/opinion/20sun2.html?th&emc=th

Interracial marriages at an all-time high, study says
STORY HIGHLIGHTS:
About one in seven marriages are interracial or interethnic, according to a new Pew study

Pew Center: Asians and Hispanics are most likely to marry outside of their race
http://www.cnn.com/2010/LIVING/06/04/pew.interracial.marriage/?hpt=Mid

Immigrant families leave Arizona and tough new law
There is no official data tracking how many are leaving because of the new law. "It's something that's really tough to get a handle on numerically," said Bill Schooling, Arizona's state demographer. "It's not just the immigration bill. It's also employer sanctions and the economy. How do you separate out the motivating factors?"

But anecdotal evidence provided by schools and businesses in heavily Hispanic neighborhoods and by healthcare clinics suggest that sizable numbers are departing. Ignacio Rodriguez, associate director for the Phoenix Roman Catholic diocese's Office of Hispanic Ministries, said churches in the area are also seeing families leave.
http://www.google.com/hostednews/ap/article/ALeqM5hYbCOkV5eImkjJ4-isjZGiR9iKmgD9GGOE205

A Novel Twist for Prosecution of Hate Crimes
In the public’s imagination, the classic hate crime is an assault born of animus against a particular ethnicity or sexual orientation, like the case of the Long Island man convicted in April of killing an Ecuadorean immigrant after hunting for Hispanics to beat up.

But in Queens since 2005, at least five people have been convicted of, or pleaded guilty to, committing a very different kind of hate crime — singling out elderly victims for nonviolent crimes like mortgage fraud because they believed older people would be easy to deceive and might have substantial savings or home equity.
http://www.nytimes.com/2010/06/23/nyregion/23hate.html

Opinion: Racism common in jury selection
(CNN) -- Some subjects are just plain hard to talk about. Religion, politics and money -- maybe sex, too. But try talking about race and then add the emotional context of a death penalty trial, and no one will talk at all.

If you try to broach the subject during jury selection, asking all the racists to please raise their hands is not an option. We, as a nation, have to find a way to face the dirty secret of criminal justice -- that prejudice often carries the day.

The issue of racial disparity in the administration of the death penalty has been a part of modern law. Starting with Furman v. Georgia and continuing on to McCleskey v. Zant, courts have struggled to come to grips with this issue as have those of us defending the most despised amongst us.
http://www.cnn.com/2010/OPINION/06/23/lyon.racial.jury.selection/

Opinion: Arizona violating treaty ratified by U.S.
The ACLU and a coalition of civil rights groups filed a lawsuit this week challenging the unconstitutional law. There is little doubt among experts that the new Arizona law will lead to increased racial profiling.

Civil libertarians have criticized the law as a violation of basic constitutional rights because it transforms Arizona's Latino community and other people of color -- who may be presumed by law enforcement officers to be in the country "unlawfully" -- into potential criminal suspects.

But what has been largely absent from the public debate about the legality and morality of SB 1070 is Arizona's blatant violation of international human rights law, as underscored by several U.N. experts.

The law flies in the face of Arizona's human rights obligations, particularly the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which the United States ratified in 1994 and which is binding on all levels of federal, state and local governments, including Arizona Gov. Jan Brewer, who signed the bill.

The report, which was submitted to the U.N. Committee on the Elimination of Racial Discrimination (CERD), highlighted profiling in 22 states. In Arizona, it showed that African-American and Latino drivers were 2.5 times more likely than white drivers to be searched after being stopped by the highway patrol. Native American drivers were 3.25 times more likely to be searched, even though they were less likely to be found with contraband.
http://www.cnn.com/2010/OPINION/05/19/bhatnagar.arizona.violation/?hpt=Mid

Editorial: State must find way to bridge its ethnic divide
The currents of illegal immigration collided powerfully in Arizona after the signing of SB 1070, the state's new immigration law.

But today, the architects of that law are enjoying the glow of favorable opinion polls. National surveys show broad public support for the law and broad public opposition to the boycotts against Arizona.

Latinos living legally in this state feel unwanted. Latino citizens outside the state believe they are unwelcome here. We have created an ethnic divide that could last for years.

Pay attention to the other polls that reveal a huge opinion gap between Latinos and non-Latinos. These surveys of Latino perceptions indicate strong opposition to Arizona's new law.
http://www.azcentral.com/arizonarepublic/opinions/articles/2010/06/07/20100607mon1-07editorial.html

GUEST OPINION: Why we should boycott Arizona
The effort to overturn Arizona's recently passed law targeting illegal immigration is an important civil rights battle that we should all support. If it takes effect, the law could make a significant segment of our population — many of them U.S. citizens — vulnerable to arbitrary detention and questioning, based solely on their accent or the color of their skin.

It is an insidious law that takes a big step back in the evolution of our laws toward equal rights for all, and it should be repealed.

SB 1070 requires state and local officials to demand people's immigration status if there is a “reasonable suspicion” that they are undocumented. The law does not specify how law enforcement is to determine “reasonable suspicion,” and it is hard to see any other way except by racially profiling. It's naive to think that Latinos, legally and illegally here, will not be the primary targets of such police conduct.

What has not been widely discussed is that this provision also applies to non-police civil servants enforcing state and municipal civil codes. For example, even county officials visiting residents' homes for such things as housing inspections, child welfare visits, even complaints about barking dogs would have an obligation to demand proof of legal status if they had a “reasonable suspicion” that the residents they were visiting may be undocumented.
http://www.pressdemocrat.com/article/20100611/OPINION/100619843?Title=GUEST-OPINION-Why-we-should-boycott-Arizona

In Arizona, just say no to Latino heritage
At least we don't have to pretend anymore. Arizona's passing of that mean-spirited immigration law wasn't about high-minded principle or the need to maintain public order. Apparently, it was all about putting Latinos in their place.

It's hard to reach any other conclusion given the state's latest swipe at Latinos. On Tuesday, Gov. Jan Brewer signed a measure making it illegal for any course in the public schools to "advocate ethnic solidarity." Arizona's top education official, Tom Horne, fought for the new law as a weapon against a program in Tucson that teaches Mexican American students about their history and culture.
http://www.washingtonpost.com/wp-dyn/content/article/2010/05/13/AR2010051304373.html

Opinion: The GOP's Latino connection
In the long-running contest to win Latino voters' hearts and minds, the Republican Party jumped out to a stunning lead this month.

And for a party saddled with leaders displaying more than a few retrograde impulses these days — on immigration and even the landmark Civil Rights Act — that's no small accomplishment.

Consider the recent string of Latino Republicans to triumph in GOP primaries in three states over the last few weeks: In California, appointed Lt. Gov. Abel Maldonado won his six-way Republican primary with 43% of the vote and the right to fight for a full term this fall. In Nevada, former federal judge Brian Sandoval — a George W. Bush appointee — knocked off incumbent Gov. Jim Gibbons to win the GOP gubernatorial nomination.
http://www.latimes.com/news/opinion/commentary/la-oe-garcia-latinos-gop-20100627,0,6498435.story

Editorial: A telling tragedy / Illegal immigrant’s death shows broken system
When 42-year-old Anastasio Hernandez Rojas, an illegal immigrant who lived in Encanto and worked in construction, was separated from his five children by being deported to Mexico, he did what any father would do: He tried to get back to his kids. And he lost his life in the process. Hernandez was shot with a Taser by a U.S. Customs and Border Protection officer while being apprehended at the border late last month. A day later, he was declared brain-dead in a Chula Vista hospital.

With the immigration debate already raging due in part to an Arizona law that empowers local police to enforce federal immigration law, this tragic death has taken on new significance. Rightly or wrongly, there are people out there who feel that it is open season on illegal immigrants from Mexico. They hear about a tragedy like the death of Anastasio Hernandez Rojas – along with a recent and unrelated incident in El Paso where a 15-year-old was fatally shot by a Border Patrol agent after youths on the Mexican side of the border threw rocks at U.S. agents – and they assume that this ugliness has spread to U.S. immigration agents.
http://www.signonsandiego.com/news/2010/jun/16/a-telling-tragedy/

Arizona schools ignore much Hispanic history
As Arizona's controversial new law banning K-12 ethnic studies programs moves closer to implementation, a critical educational issue is what will come next for the study of Hispanic-American history in the state's public schools.

When HB 2281 was signed into law, Arizona Public School Superintendent Tom Horne defended it on CNN, assuring interviewer Anderson Cooper that Arizona's educational standards "require that all social studies classes teach different cultures. We want all kids to be exposed to a lot of different cultures."

A careful review of Arizona's K-12 generally admirable "Academic Standards for Social Studies" confirms Superintendent Horne's claim, with one glaring exception: The Hispanic-American historical experience from the latter 19th century onward. In this case, the omissions are egregious to the point of appearing pathological.
http://www.azcentral.com/arizonarepublic/opinions/articles/2010/06/21/20100621rosendorf21.html

EDITORIAL: The Immigration Reform Team
Mayor Michael Bloomberg, making good on an inaugural pledge, has stepped up to help lead the national battle for immigration reform. On Thursday, he announced a partnership of mayors and business leaders to make the economic case for reform, including mayors of Los Angeles, Philadelphia, San Antonio, Phoenix, and top executives of companies like Walt Disney, Hewlett-Packard, Boeing and the New York Mets.

Mr. Bloomberg and his partners recognize that people who are dynamic, hard-working, entrepreneurial, innovative and creative are the kinds of people any city, or country, should want. More green cards mean more start-up companies and jobs.
http://www.nytimes.com/2010/06/25/opinion/25fri4.html?scp=2&sq=immigration&st=cse

Chicago-based Web sites post jobs for diverse candidates
When two Chicago-based minority job sites partnered with Monster.com in March 2008, the company that owns them was large enough that it could have had its pick of partners.

Professional Diversity Network, which runs iHispano.com for Hispanics and AMightyRiver.com for blacks, was in a position to decline financial partnership offers from venture capitalists seeking to align with the growing company.

Monster found that in some cases, job candidates were leaving their last names off a resume because they feared it would identify them as Hispanic, even while the companies continued to tell Monster they were looking for ways to recruit minorities.
http://www.chicagotribune.com/business/ct-biz-0628-ihispano--20100628,0,4434481.story