The Arizona Legislature gave preliminary approval of a provision that would allow the police to arrest illegal immigrants on trespassing charges simply for being in the state. The provision is part of a larger bill on illegal immigrants. The sponsors of the bill say they hope to make life tougher for illegal immigrants. The House bill must be reconciled with a version passed by the Senate -- this could happen within the next week or two. The governor, a Republican who is seeking re-election, had indicated her support for the bill. However, her spokesman said she would not take a position until the final bill reaches her desk.
Both bills include measures that make it illegal to hire day laborers off the street, prohibits anyone from knowingly transporting an illegal immigrant anywhere in the state (even if it's a relative), and compelling local police to check the status of people they "reasonably suspect" are in the country illegally. What, exactly, results in 'reasonable' suspicion? Brown skin? And stopping people on the street to check to see if they're "legal" seems unconstitutional. This pretty much just translates into discrimination against Latinos. Plus, the rule that prohibits anyone from knowingly transporting an illegal immigrant is absolutely absurd. They're going to make that a crime? They're not just talking about transporting immigrants across the border, they're talking about simply transporting an illegal immigrant anywhere in the state. Like taking them to a lawyer's office, a doctor, a grocery store, etc. What will the punishment be for these transporters?
Immigrant advocates say this is some of the harshest legislation they have seen on the issue. This wide-ranging bill is a first in the nation. Civil libertarians say this legislation could open the door for racial-profiling and the ACLU says the bill is unconstitutional. Several police chiefs and sheriffs have also criticized the bill, saying that it is burdensome and impractical. They also said the measure would scare immigrants out of cooperating with investigations and reporting crimes.
The chief sponsor of the legislation, Republican State Senator Russell Pearce, brushes aside any criticism of the bill. He said the bill gives the police a tool to compensate for lax enforcement of immigration law by the federal authorities (there it is, blaming the federal government. Without fail.). I don't think the problem is "lax enforcement", I think what he really means is that the federal immigration laws aren't crazy, racist, or unconstitutional enough for his liking. He also said that the Arizona police do not have to arrest every illegal immigrant on trespassing charges, it just gives them that discretion. Oh, well that makes me feel better... that they have the authority to arrest every illegal immigrant if they wanted, but they won't necessarily arrest everyone. That makes me feel a lot better. Mr. Pearce also said, "American citizens have a constitutional right to expect their rights and laws to be enforced." But you're making this law. It's not like this was a law before that wasn't being enforced -- you're making it a law to arrest people for transporting illegal immigrants; you're making it a law to allow police to stop anyone they suspect of being an illegal immigrant and arrest them for trespassing. So don't act like this is all an attempt to enforce the constitution. And I don't think it's a constitutional right to have racist, discriminatory, privacy-breaking laws. I hope this legislation fails. And if it passes, I hope it's not really enforced. (Full Story)
A Mississippi high school canceled their prom instead of letting a lesbian student attend with her girlfriend and wear a tuxedo. The American Civil Liberties Union (ACLU) sued the school district and wanted the district to put the prom back on and allow Constance McMillen to attend (and be allowed to wear a tuxedo). The school district said they canceled the prom because McMillen's challenge to the rules had caused disruptions. The superintendent said they decided to cancel it "after taking into consideration the education, safety, and well-being of our students." [How are any of those things affected by the sight of a girl in a tuxedo?!] A federal judge ruled that the school district's actions did violate McMillen's constitutional rights. The judge noted that McMillen has been openly gay for several years and that she intended to communicate a message by wearing a tuxedo and escorting a same-sex date. The judge said, "The court finds this expression and communication falls squarely within the purview of of the First Amendment." He said he will hold a trial on the issue. However, the judge did stop short of forcing the school district to put the prom back on, as the ACLU had wanted. Still, the ACLU Mississippi legal director called the court decision a victory.
In the aftermath of the decision, McMillen said that she faced a lot of hostility and comments from other students, and it has led to her missing school. A private prom is being planned by parents (what an alliteration!), and McMillen is trying to decide if she will attend or not. She said, "I'm going to school tomorrow (Wednesday) and will get a feel of how everybody feels about me. That will help me make my decision about whether I'm going to the private prom. I want to go because all my junior and senior class will be there, but I don't want to be somewhere I'm not welcomed." That just breaks my heart.
I like what a senior scholar from The Freedom Forum First Amendment Center (another alliteration) said about this case, "This case is different because this is not just a dress, it is a higher claim of personal identity. I think that if the student prevails in this case, it will send a message to school districts that they need to accommodate students now who are openly gay and lesbian and want to participate in student activities." (Full Story)
This case reminds me of when East High School in Salt Lake City, Utah banned all student clubs not related to the curriculum in an attempt to block a gay-straight alliance club from being formed. And, of course, they were sued and had to allow the clubs. It's sad when schools or organizations go to such lengths to hinder lesbians and gay people from being open and participating in events.
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