At this moment it is very hard to focus on anything but the tragic incident that marked the beginning of this year when a man in Tucson, Arizona opened fire on a public meeting killing 6 people and gravely injuring 14 others last Saturday. While this tragedy cannot be undone, there are a number of issues around which we can hope for some positive developments in 2011.
In Arizona, the first week of 2011 saw all classes in the Tucson Unified School District’s Mexican-American ethnic studies program being declared illegal by the State of Arizona, in accordance with a state law came into effect on January 1st. Tom Horne, Arizona’s newly elected Attorney General, declared the program illegal on account of it allegedly teaching Latino students that are being mistreated, and encouraging the students to become activists for their race. In the capacity of State Superintendent of Public Instruction, Horne had written the law challenging the ethnic studies program last year. The bill, HB 2291, was passed by the State Legislature in April and signed into law by Gov. Jan Brewer in May of 2010. Defending his latest action deeming that the Tucson district’s Mexican-American program was not in compliance with state standards, (while allowing similar programs for black, Asian and Native America students to continue) Horne said that “They teach kids that they are oppressed, that the United States is dominated by a white, racist, imperialist power structure that wants to oppress them.” Under the law, Tucson would stand to lose 10 percent of its state education funds if the classes are not discontinued, amounts to nearly $15 million.
According to Augustine F. Romero, director of student equity in Tucson schools, the debate over the ethnic studies program demonstrates the strong anti-Latino sentiment in the state, and highlights the pressing need for such programs to continue to exist, giving the students a chance to be proud of their heritage. Mr. Romero posed the question in an interview with the New York Times-
Who are the true Americans here — those embracing our inalienable rights or those trying to diminish them?
In an even deeper affront to inalienable American values, on January 5th, a coalition of legislators from over 14 states announced a plan to join together in a state compact and deny citizenship rights to the children of undocumented immigrants. The compact, clearly motivated by anti-immigrant feeling, is designed to challenge the 14th amendment to the U.S. constitution which states that those born in the United States will be considered U.S. citizens, irrespective of race, class or creed. This was closely matched by Rep. Steve King’s introduction of legislation H.R. 140 before the new session of Congress, aimed to take away the citizenship of children born in the U.S. to parents who were undocumented.
The state compact is being led by Senator Russell Pearce of Arizona, the state Senator best known for introducing the controversial and harsh anti-immigrant law, SB1070 in 2010. The legislators that introduced the plan unveiled a plan that seeks to take birthright citizenship, which is a Federal issue, into state hands by establishing state citizenship laws that deny citizenship rights to those born to parents who are undocumented, and then developing a compact between the various states by which the laws are upheld in all those states. The group claims that their model state legislation aims to halt the “misapplication of the 14th amendment,” which they say is sapping taxpayers funds and attracting further immigration to the U.S. Ultimately, the goal of the coordinated state-level strategy is to force the Supreme Court to take up the issue.
The plan is a joint effort of anti-immigration legislators like Russell Pearce and Kansas Secretary of State-elect Kris Kobach, and State Legislators for Legal Immigration, an anti-immigration group of lawmakers which had representatives from Alabama, Arizona, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Pennsylvania, Texas and Utah. Senator Pearce told the Washington Times-
I’m not stopping until the problem is solved, and clearly the problem is not solved. The cost is destroying this country, and it can no longer be ignored…The 14th Amendment was never intended to be applied to illegal aliens. They [the sponsors] specifically said it didn’t apply to foreigners or aliens. That amendment belongs to the African-Americans of this country. It’s their amendment.
Critics are suggesting that in fact, the proposal is completely unconstitutional and deliberately misunderstands the 14th amendment. By suggesting a two-tiered system of citizenship by which those who are born to parents who are undocumented receive different birth certificates than those who are born in the U.S. to parents who are legal residents, the compact goes against the fundamental values of the constitution. Elizabeth Wydra, writing for Politico, sums it up clearly-
The 14th Amendment, which was drafted and ratified against a backdrop of prejudice against newly freed slaves and various immigrant communities, was added to the Constitution to place the question of who should be a citizen beyond the politics and prejudices of the day. The big idea behind the 14th Amendment is that all people are born equal, and, if born in the United States, are born equal citizens — regardless of color, creed or social status. It is no exaggeration to say that the 14th Amendment is the constitutional embodiment of the Declaration of Independence and lays the foundation for the American Dream. Because of the 14th Amendment, all American citizens are equal and equally American. Whether one’s parents were rich or poor, saint or sinner, an American child will be judged by his or her own deeds.
As long as the Federal government avoids enacting a comprehensive reform of the existing immigration system and dealing with an issue that is in their jurisdiction, restrictionists will continue to introduce laws that threaten the fabric of the United States. At the start of this year, as we hope that Rep. Giffords recovers her health, we must recall the values of equality, dignity and respect that are intrinsic to the strength of this country and remember that when we deny human rights to some, we jeopardize the rights of all.
Photo courtesy of colorlines.com