If you don’t want to read political ranting, stop here. There’s nothing else in this particular blog
entry but a political rant/discussion. I’m
giving you fair warning, so you can just move on to another entry in the blog
to be entertained and informed.
There’s an opinion piece on CNN’s website today that I take
issue with. So I’m going to reprint
most, if not all of it, and respond to it on a point by point basis. The italicized, bolded text is mine. The rest is from the author who is introduced
before his own rant begins.
Editor's note: Jose Antonio Vargas is the founder of Define American, a
nonpartisan, nonprofit campaign that seeks to elevate the immigration
conversation. An award-winning journalist, Vargas disclosed his undocumented immigration status in an essay for
The New York Times Magazine in June 2011. Vargas attended California's public
schools and early this year was named Alumnus of the Year by San Francisco
State University.
(CNN) -- Arizona's immigration law, Senate Bill 1070,
has generated a lot of ink recently, especially with a court ruling last week
that allowed a controversial provision that in my view will result in racial
profiling to move forward.
The law's goal is
chilling: ramp up deportations of undocumented people by forcing local police
into the difficult role of immigration agents. And with last week's
ruling, police are now required to go out of their way to
investigate the immigration status of everyone they "suspect" might
be undocumented whom they arrest or stop.
Let’s
start here. Once again we have the usage
of the word “undocumented” substituted for the word illegal. The fact is that every single person
described so gently as being “undocumented” is in fact, in this country in
violation of our laws. 8 U.S.C. § 1325 : US
Code - Section 1325: Improper entry by alien – is the law on this subject. It makes entering or attempting to enter a
criminal act. Every single “undocumented”
person in this nation is guilty of violating this section of the United States
Code. Regardless of why they are here,
or how they came to be here. This point
is inarguable.
In practice, that will
mean targeting people just for the way they look or speak, separating families,
and trapping undocumented people in local jails for minor infractions to await
deportation.
That
may happen, but it isn’t the intent of the law.
The intent of the Arizona law is to investigate when someone is stopped
in the course of ordinary law enforcement activity, if there is something to
indicate that they aren’t in the U.S. legally.
The simplest evidence of this fact isn’t appearance, accent or anything
else that would involve racial profiling.
The simplest evidence would be an adult who doesn’t have a driver’s
license, particularly if they are being investigated as the result of a lawful
traffic stop.
As an undocumented
American -- and I am, in my heart, an American -- it is my hope that our nation
doesn't follow Arizona's discriminatory example. Will Arizona become the norm,
or can we work as a nation to fix dysfunctional immigration policies so that they
reflect our best values as Americans?
All eyes are now on
California for a key part of the answer.
Mr.
Vargas is free to consider himself an “American”. But he isn’t a citizen and he isn’t in this
country legally. I challenge anyone to
name another nation on this planet where someone can enter the country
illegally and not be subject to immediate arrest and subsequent deportation for
simply being in that nation in violation of their laws.
Sitting on the Gov.
Jerry Brown's desk is the most important piece of legislation for immigrant
communities this year. By signing the bill, called the TRUST Act, Brown can
prevent the separation of thousands of families, establish an alternative to
Arizona's approach and send a powerful message to the nation: In a state built
and replenished by generations of immigrants, fairness and equality matter.
Under the TRUST Act,
local law enforcement would only be able to hold people for extra time, for
deportation purposes, if the person has been convicted of, or charged with, a
serious or violent felony.
The
test for deportation shouldn’t be, being convicted or accused of a serious or
violent felony. The test should be
presence in the country illegally.
Sadly, because of the deleterious impact on the economy, and the fact
that there is a voting constituency that will support any candidate who panders
to facilitating keeping illegals here within the borders of the U.S. in
violation of our own laws, we are not actively enforcing this particular
law. The answer is a comprehensive
solution, whereby we provide one final amnesty opportunity, with a path to
citizenship for those who are here illegally who haven’t committed any other
serious violation of our laws, while at the same time we seal our borders once
and for all. “Dream Acts” and what Obama
has done for young people are not viable solutions. The test Mr. Vargas wants to impose in the present
situation is silly.
With the TRUST Act, Juana Reyes,
the "tamale lady," never would have been stuck in Sacramento County
Jail for 13 days on an immigration hold after the most absurd of arrests. With
the TRUST Act, Reyes' children wouldn't have spent weeks worrying if they would
ever see their mother again. She's still undocumented.
If
Ms Reyes were actually Ms Smith, a U.S. citizen, in Mexico because she felt
there was economic opportunity there, and she’d been arrested for the most
absurd of reasons, we wouldn’t be having this discussion. Because as soon as she’d been arrested, she
would have been deported back to the United States. No discussion, no lamenting the plight of the
“undocumented”.
If Brown signs the bill,
he will bring hope to millions of undocumented Americans like me, and some
relief to our family members who fear that if we are arrested for even the most
trivial of charges, they will never see us again.
If
the risk of being separated from your loved ones is so daunting, perhaps that
should be factored into the thought process on whether or not you should remain
in this nation in violation of its laws.
The triviality of a crime is irrelevant.
The major crime in this case was already committed. Illegal entry into the United States. A crime that carries a maximum punishment
for the first infraction of six months imprisonment, which rises to two years
imprisonment for a subsequent violation.
The fact that there is a potential fine of $250,000 for engaging in a
fraudulent marriage in order to enter the nation illegally makes it quite clear
that our Congress considers illegal immigration a crime of more than a trivial
nature.
Undocumented people and
their allies -- their relatives and friends, their neighbors and co-workers --
have created a new political climate in which the passage of the TRUST Act is
not simply the right thing to do, but the politically strategic thing to do,
with supporters from across the political spectrum, from Nancy Pelosi to
right-leaning think tanks such as the Cato Institute and Competitive Enterprise Institute.
It must be noted that the current climate is the
result of pandering to a constituency within the electorate whose support is a
requirement to win control of the government through the upcoming
election. That is what makes it a
strategic political move at this point in time.
The basic parameters of the equation haven’t changed.
And I recognize that the children of illegals
who are here illegally through no fault of their own are victims. But as I maintain, the answer isn’t patchwork
solutions like the bill Mr. Vargas wants Governor Brown to sign. It is only through comprehensive immigration
reform that a real solution will be found.
Further, the hypocrisy of Mr. Vargas’ position
must be pointed out. When the courts
were discussing SB1070, Mr. Vargas and other opponents of this bill argued
strenuously that immigration law and its enforcement is the province of the
Federal government and that state’s shouldn’t be enforcing immigration
law. Under Brown’s bill, the state of CA
would be instructing law enforcement to not enforce immigration law so it may
seem consistent, but it is not. In fact
it’s asking state law enforcement to break its sacred covenant with federal law
enforcement, that they will cooperate with one another, support one another on
request, and hold each other’s suspects until such time as these violators can
be transferred into the custody of the agency with appropriate
jurisdiction. Should we sit by and watch
helplessly as other states react to this by refusing to hold CA suspects
apprehended in other states? Do we want
the FBI, DEA and other federal agencies to refrain from holding people wanted
by the State of California, because we will no longer cooperate with ICE?
The enactment of TRUST
would also help turn the page on a painful era of our state's history that the
implementation of the Arizona law evokes.
A year after I arrived
in this country at the age of 12, four years before I knew about my own
undocumented status, I watched with anxiety as California voters passed
Proposition 187. That ballot initiative, in many ways, was the precursor to SB
1070 and House Bill 56, Arizona's and Alabama's "show-me-your-papers"
laws, respectively. Although courts would ultimately reject Proposition 187,
fear immediately gripped immigrants in California upon its passage in 1994.
The specter of local
police acting as immigration agents was one of the measure's most unsettling
provisions. And despite how much California has changed in nearly two decades,
the federal Secure Communities deportation program, which was supposed to
target people "convicted of serious criminal offenses," has instead
effectively done what Proposition 187's backers tried to do -- turn local law
enforcement into de facto immigration authorities.
The
flaws of Prop 187 can’t be used to justify the TRUST act as retroactive
justice.
What if while driving
from my alma mater, San Francisco State University, down to my hometown of
Mountain View, I were stopped for the most minor traffic infraction? Or,
perhaps, simply profiled?
I could be detained for
driving without a valid license. Then, under "Secure Communities," my
fingerprints would be sent to U.S. Immigration and Customs Enforcement no
matter how minor the charge. ICE would then ask the jail to hold me for extra
time, at local expense, until it came to pick me up for deportation as my
grandmother, a naturalized American citizen, waited for me at home in Mountain
View.
Mr.
Vargas, should you have been driving from your alma mater to your hometown
without a license, on the public highways?
That’s another crime. You’re an
award winning journalist, according to your profile? Were you employed by
someone when you won those awards? That’s
yet another crime, both by you and the employer.
How
many of us are forced to spend money to purchase uninsured motorist coverage
because of people like you, who are driving on our highways in violation of our
laws and failing to carry the required insurance? Oh wait, that’s another crime you’ve
committed. Assuming you worked
illegally, my count of your infractions is now at four and possibly
rising. Do we want to discuss the higher
accident rates of unlicensed drivers?
This is essentially
what's happened to about 80,000 Californians who have quietly been torn from
their families under the ridiculously named federal deportation program,
"Secure Communities."
Seven out of 10 people
detained nationally under Secure Communities either had no convictions or
committed minor offenses, according to ICE statistics. And even though top law professors have confirmed that requests to detain
immigrants for additional time are "optional," many California
jurisdictions have submitted, no matter the damage done to community-police
relations.
Enter the TRUST Act,
which limits responses to ICE's requests to detain people in local jails for
additional time for deportation purposes.
If
Governor Brown signs this act, which I suspect he will, it will be a travesty
of justice. The government of California
is endorsing a violation of federal law by doing this.
I
have no desire to see Mr. Vargas deported personally. I want there to be a solution to this problem
once and for all. The TRUST act is not
the solution, just as the fight to
legalize gay marriage in CA wasn’t the comprehensive solution. Overturning the Defense of Marriage Act once
and for all so that every state will be forced to recognize same-sex marriage
performed in any state is that answer.
Let’s
force the Congress to deal with and solve this problem once and for all, not do
dumb, patchwork things that will cause more problems than they solve.