Arizona Immigration Law

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Arizona Immigration Law

A U.S. judge blocked the most controversial sections of Arizona's new immigration law from taking effect Thursday, handing a major legal victory to opponents of the crackdown against illegal migrants.

The law will still take effect Thursday but without many of the provisions that angered opponents, including sections that required police officers to check a person's immigration status while enforcing other laws.

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BlueBerry Pick'n BlueBerry Pick'n's picture

you know, I spent several years producing a liberal talkradio show in Arizona's Maricopa County.

that place is fucked up:  period.

weirdly, most of the Arizonan liberal activists with whom I still communicate still think that the UnAmerican wilderness of Canada can't be 'liberal' because we're not a fucking 'Republic'. (don't you just love American Exceptionalism?)

Arizona is a simply astonishingly xenophobic state.  You wouldn't *believe* some of the shit I've heard from local activists regarding the racism, corruption, freaky 'guns rights' activists & the local DA & Sheriff Joe "I love the KKK" Arpaio.  Did you know that you can carry a concealed or open weapon INTO A BAR in Arizona, but you need to carry definitive ID & your lawyers' card if you're a brown guy & bus the tables... or you risk being shaken down, abused & thrown into a lethal private I.C.E. detention centre... 

hell, one day while we *were on the air* a guy broken-into the office outside our sound studio with a handgun & held the on-air talent's 15-year-old son hostage for several hours.

I shit you not.  The kid was brilliant & kept his head: he talked the guy off the emotional ledge, got him a snack, let him change his clothes, got him to put the handgun *away* under the couch, then they watched the aerial news coverage of the police manhunt to find him until the show was over.

When the crew realized what had been quietly happening in the office, the host/Father did the English-Spanish translation & negotiated his safe surrender to the police, convincing the cops not to freak out on the panicky, terrified suspect.


apparently, grace & presence of mind under threat of hostage taking or kidnapping is a skill your kids need in Arizona...

but the cops don't require honing such skills??

hell, you can be arrested & do time for offering water to somebody dying in the desert in Arizona... 

Maysie Maysie's picture


[On July 22, 2010] hundreds gathered outside the Sandra Day O’Connor Federal Courthouse in Phoenix, Arizona to seek an injunction of SB1070, which is set to be implemented on July 29th. Braving the heat for nine hours, we sang, drummed, chanted while inside the court house two lawsuits, one from civil rights groups and the other from the United States Department of Justice, argued that the law be temporarily stopped. After the first hearing with civil rights groups, six brave individuals blocked a main intersection in front of the courthouse carrying a banner that read "Stop SB1070: We Will Not Comply." This act of peaceful non-cooperation signals our decision to escalate our resistance because laws that do not serve humanity must not be followed.



Interesting ruling because in 2005 the U.S. Supreme Court handed down a unanimous decision in Muehler v. Mena that questioning someone regarding their immigration status is not a violation of Fourth Amendment rights provided that person is already lawfully detained. In other words, the police need absolutely no reason to require proof of legal residence.

Sounds like the judge in question just wants to pass the buck up the ladder.

BlueBerry Pick'n BlueBerry Pick'n's picture

a press release from a friend of mine, Tupac Enrique Acosta, from Tonatierra. 

(For those who were in Bolivia for the Mother Earth conference, you probably remember his interviews)


Press Release  Date: July 28, 2010

National Human Rights Commission of the Peoples of the US Prepares to Report on

Human Rights Violations in Arizona

Phoenix, AZ - A working group of the National Human Rights Commission of the Peoples of the US convenes in Phoenix today to assess and document the violation of Human Rights in terms of the impact of AZ SB 1070 which was scheduled to advance into implementation tomorrow July 29, 2010 throughout the state of Arizona.

Today however, US District Court Judge Susan Bolton issued an order enjoining portions of the SB 1070 legislation that has been the object of broad community denunciation as a violation of Civil Rights, Human Rights, and the Rights of Indigenous Peoples of the territory now known as the State of Arizona.  TONATIERRA a client in the one of the seven lawsuits before Judge Bolton.

The Tohono O’Odham Nation whose traditional territories are bisected by the US-Mexico border also joined the lawsuit before Judge Bolton seeking injunction against AZ SB 1070, submitting a brief of amicus curiae denouncing the violations of Civil Rights of tribal members which would be caused by the rampant racial profiling officialized by the statute, and as an intrusion and violation of the Right of Self Government on jurisdictions of territories in Indian Country. 

The Intertribal Council of Arizona, with a membership of 21 Tribal Nations that control one third of the territory known as the State of Arizona, also expressed opposition to the AZ SB 1070 as being “without jurisdiction” on lands of the Indigenous Peoples.

While recognizing the necessary and temporary nature of the injunction given today by Judge Bolton, which blocks the immediate implementation of portions of AZ SB 1070, acknowledgment must be made that the systemic pattern of Human Rights violations inflicted upon the Indigenous Peoples and migratory workers as a consequence of governmental economic and legal policies, both national and state, have been left unaddressed. 

In turn, the National Human Rights Commission of the Peoples of the United States will continue to assess and document these issues for presentation before the next session of the United Nations Human Rights Council scheduled for November in Geneva, Switzerland.  At that time, the government of the United States of America will be called to report for the situation regarding Human Rights in the US, with reference being the Universal Declaration of Human Rights and other international instruments of international Human Rights law, such as the Declaration on the Rights of Indigenous Peoples.

Contesting the lack of regard for the rights of the jornaleros, migratory workers and day laborers generally in the process of addressing the economic injustices of international trade policies such as NAFTA which frame the issue of AZ SB 1070, TONATIERRA general coordinator Tupac Enrique Acosta stated:

“The issue is not the right to work. Under the Universal Declaration of Human Rights, Article 23 to which the US government is signatory, everyone has the right to work.  What is at issue are the illegal, discriminatory and predatory economic policies and practices of the licensing procedures for lawful employment in the US economy.”

“Such policies and practices are in themselves complicit in perpetuating the centuries of depravation, exploitation, and racism inflicted upon our Indigenous Peoples, and marginalized workers in general under pogroms of colonization.”

Working from the perspective of the long trajectory of social justice movements in North America that include the experiences of the US Civil Rights movement of the previous generation, the theme of community organizing efforts in Arizona has been driven by the message:

“From Selma took Phoenix, from Civil Right to Human Rights and, the Rights of Mother Earth.” 

In this context, at the last major march for Human Rights in Phoenix which took place on May 29, and was led by legations of Indigenous Peoples, a Declaration of Interdependence was proclaimed as fundamental to the strategy of movement building which now is realized with the National Human Rights Commission of the Peoples of the United States.

As a point of departure for the report to be compiled and submitted to the UN Human Rights Council, the Arizona working group will reference the UN Universal Declaration on Human Rights (1948) and the UN Declaration on the Rights of Indigenous Peoples (2007) to clarify the situation in regards to the Human Rights of the “non-white” and Indigenous Peoples of the territories referenced in the Treaty of Guadalupe Hidalgo (1848) which established the current border between the republics of the US and Mexico.

Specifically, the accusations of Human Rights violations brought forward in the Community Indictment Against the State of Arizona, Governor J. Brewer (et al), which was served during the National March for Human Rights May 29, 2010 specifies points of evidence, documentation, and denunciation to be elaborated in the report to be delivered to the United Nations Human Rights Council, the Inter-American Commission on Human Rights of the Organization of American States (OAS), and the member states of the UN as a whole.

BlueBerry Pick'n BlueBerry Pick'n's picture

Shawna Forde & her killer Minutemen had scheduled other 'operations' when they were arrested for murders Jul 28, 2010

There have been some interesting developments in the bizarre and telling case of Shawna Forde, the Everett, WA, woman who led an offshoot unit of Minutemen who ran armed border patrols for patriotic "fun" and then decided to go "operational." They concocted a scheme to raid drug smugglers and take their money and drugs and use it to finance a border race war and "start a revolution against the government". They mistakenly chose the home of Raul Flores and his wife and two daughters, which had neither money nor drugs; first they shot the father in the head and wounded the mother, and then, while she pleaded for her life, they shot 9-year-old Brisenia in cold blood. (Her sister, fortunately, was sleeping over at a friend's.)

It seems the FBI got a heads-up about Forde's plans -- and did nothing about it, since the information was sketchy. But it also seems that Forde and Co. had a whole slate of violent home invasions ready to roll. From Kim Smith at the Arizona Star: ...


'Oh my God, I can't believe they killed my family': Victim of Minuteman gang, on 911 call, pleads for help amid gunfire

Crooks & Liars, By David Neiwert, Wed.17.Jun.09

We already pointed out this audio recording of the 911 call placed by the lone survivor of that botched home-invasion robbery carried out by Shawna Forde and her gang of Minutemen. But further listening reveals a number of details about the crime.

It begins simply:

"Somebody just came in and shot my daughter and my husband."

The dispatcher begins asking questions and obviously dispatches deputies to respond. As she's asking about the killers, the victim cries out:

"They're coming back in! They're coming back in!"

An exchange of gunfire ensues. When the woman comes back on the line, she explains:

"They told us that somebody had, um, escaped jail or something and they wanted to come in and look at my house or something. And they just shot my husband. And they shot my daughter and they shot me."

"... Oh my God, I can't believe they killed my family."

Brisenia Flores_0df9d.jpgShe explains that the killers walked up cold-bloodedly to her daughter, 9-year-old Brisenia Flores, as she cowered and cried, and shot her two or three times anyway.

Later in the call she tells the dispatcher that the shooting began when her husband became suspicious of the invaders and asked them about their guns.


We also learn that the shooters were two men -- both tall, one white with a painted face, the other Latino -- and a "shorter fat woman."

That very much describes the gang that was arrested this week.

Scott North and Jackson Holz have more details on the tape.

Vivir Latino points out that there's been a disturbing theme in some of the coverage -- suggesting that perhaps the family somehow had it coming:

Something that tends to happen when the media covers these types of horrors, is double victimization. In an effort to answer the question why, subtleties, like how immigration has been racialized and how Latinos, painted as immigrants, are criminalized and dehumanized, get swept under the rug.

It certainly does raise the question:

  • Why are the media paying so little attention to this story?
  • Are they still wedded to their favorite narrative, that the Minutemen are just some big "neighborhood watch"?

As we said, that's some neighborhood watch.

I guess they're too busy covering that all-important David Letterman protest.


Meanwhile Arizona's CryptKeeper is winning 'political capital' with some cheery racist 'headless corpse' media chatter... 


BTW, it's not just Arizona.  Rhode Island has been doing pretty much the same thing including checking immigration status during routine traffic stops.

This past February, in Estrada v. Rhode Island, the U.S. Court of Appeals for the First Circuit upheld the Rhode Island procedures, reasoning that, in Muehler v. Mena, the Supreme Court "held that a police officer does not need independent reasonable suspicion to question an individual about her immigration status..."?

BlueBerry Pick'n BlueBerry Pick'n's picture

*hum*  any thoughts, folkz?:

July 29, 2010

"Town of Guadalupe resists Joe Arpaio & SB1070. Road block style."

The day SB1070 came in effect a Mexican & Yaqui Indigenous town resists/protests with civil disobedience

Frustrated Mess Frustrated Mess's picture

BlueBerry Pick'n wrote:

  • Why are the media paying so little attention to this story?
  • Are they still wedded to their favorite narrative, that the Minutemen are just some big "neighborhood watch"?


Because it doesn't fit with the official "Islamo-terrorist" narrative.


The bodies of 59 suspected illegal migrants have been found in the Arizona desert on the border with Mexico in July, the highest number in five years, officials say.

High temperatures last month are likely to have contributed to the death rate.

But some analysts say toughened border controls have forced more would-be migrants into riskier desert crossings.