Most of Arizona SB 1070 blocked by Federal Judge

Judge Susan Bolton has issued a temporary injunction against key parts of Arizona Senate Bill SB 1070. Among the provisions that she blocked include requiring all immigrants (including legal immigrants) to carry papers with them at all times and the provision that would require police to consider the immigration status during routine police contacts.

This is good news but of course Governor Jan Brewer immediately announced plans to waste more of the state's money by appealing the decision to the Ninth U.S. Circuit Court in San Francisco. Governor Brewer apparently has little confidence in that body, making clear she plans to continue to appeal all the way to the U.S. Supreme Court.

And of course the Sheriff of Nottingham, Joe Arpaio, said that he will be running another immigrant sweep tomorrow whether the new law is in force or not.

One provision that was left intact allows any local bigot to challenge the police in court with a lawsuit if said local bigot believes that the police are not enforcing the provisions of SB 1070. Right now that doesn't mean much since there are few of the really odious provisions left intact, but not tossing this out could be a problem in the long run if some of the provisions are ever ruled back in play or if similar laws are passed with this provision.

Concerns for the future, but for today, this is a happy day.

Jan Brewer's phony outrage

The local news is full of Jan Brewer's faux outrage at the Obama administration for daring to challenge the new immigration law, especially the part about Hillary Clinton apparently first spilling the beans during a trip to Ecuador.

This may play well with the Republican base that Brewer is trying to hang onto as she heads into a competitive primary contest but hardly anyone who knows politics is fooled by this. As evidence, just last week Brewer got into a fight with Terry Goddard, who would have to defend the law in his capacity as Attorney General over precisely this matter. So for her to now claim that she is surprised is the height of hypocrisy. Goddard for his part (and keeping in mind that if Brewer survives her primary she would be running against Goddard in the fall) did voluntarily step aside today (giving Brewer what she demanded from him last week) and wisely isn't going to be defending this law.

The immigration bill was certain to be challenged in court from the moment it was signed, not only because it places the state in the position of the Federal Government, but also because one can seriously question the constitutionality of requiring that all citizens (because it is not only non-citizens who will be questioned) carry identification with them in order to avoid possibly being detained as a 'suspected undocumented' immigrant. This seems contrary to the fourth amendment protection against unreasonable searches.

True that if you are driving a vehicle you need a drivers license with you but that is only while you are driving. If you are not driving a vehicle (such as if you are walking down the street, standing on the corner or only a passenger in a vehicle) there is no current requirement for I.D. but the Arizona law in fact if not in letter does now require I.D. (certainly for anyone-- read that Hispanics or people who may be mistaken for Hispanics such as American Indians-- who may be 'suspected' of being an undocumented immigrant.)

Brewer knew very well that this law would certainly be challenged in court, and virtually certainly by the Justice Department, so her expressions of shock are purely contrived. As to the matter of Secretary Clinton first disclosing this in Ecuador, it may have been a slip of the tongue, or it may have been intentional. Either way, official notification will follow when the Justice Department is ready to file their suit. Likely as not they are carefully wording their official court briefs in order to comply with all necessary legal requirements, whereas the Secretary of State, as she is not the one who will be filing the suit, is under no obligation to wait for them to file the official suit.

If she wanted to avoid a lawsuit there was an easy way to do that-- veto the law last month. But Governor Brewer made it clear which side she is on. Fine, but then don't turn around and claim to be shocked and surprised when the inevitable consequences roll around.

Sponsor and Enforcer of AZ SB 1070 both have ties to neo-Nazis.

The first image is of neo-Nazis J.T. Ready (left) and Thomas Coletto giving Hitler salutes while confronting marchers opposed to SB 1070 last week. The second is a photo that Coletto had taken posing next to Sheriff Joe Arpaio and posted on the white supremecist website Stormfront.org after he, Ready and other neo-nazis had had a brief and friendly conversation with the Sheriff (beginning at the 4:53 mark of this You tube video shot by a nativist if you can stomach the racist commentary, beginning with the line, "too bad we can't just start shooting.")

The above photos are taken from this article on last week's demonstrations from the Phoenix New Times.

We've all heard the news here about neo-nazis in Arizona even as people on the national scene can't imagine that in 2010 they could ever be out in the sunlight and get people to take them seriously.

But let's take them seriously, because these dogs bite. We can make the case that some of the loudest voices behind immigration reform are actually neo-nazis because in fact some of them are. And more disturbingly our politicians like the Chair of the Senate Appropriations Committee and the Sheriff of Maricopa County actually have no problem smoozing up to them.

And let's document. Start with FAIR, the group that wrote the law that Russell Pearce sponsored. The Southern Poverty Law center has declared that they are a hate group for virulent anti-Semitism and racism. Russell Pearce, though he sponsored SB 1070, was not the actual author. It was written by lawyer Chris Koback of FAIR and then handed off to Pearce.

So what about Russell Pearce anyway? Well, start with the fact that he was always close to former Republican precinct committeeman J.T. Ready (a proud member of the American Nazi Party, which he kept quiet about until he was 'outed' in 2007.) Ready was forced to resign his position as a precinct committeeman, but being freed of the need to keep his status as a neo-nazi secret he's been on a roll, showing up at various political events with his friends doing Hitler salutes and yelling 'Sieg Heil' to his heart's content. From the New Times article linked above, it is evident that Ready is willing to speak to all comers about his favorite topics:

"Obama's not my president," Ready told New Times as he flitted from topic to topic, waiting with Vandal (the 'name' of another neo nazi) for the arrival of the marchers. "He's ZOG's president."

ZOG is neo-Nazi shorthand for Zionist Occupation Government, the fictitious Jewish conspiracy that some neo-Nazis believe controls the United States. Ready continued his wide-ranging diatribe, segueing not very subtly into why he believes pogroms against Jews in Europe's past were a good thing.

"They [had] to expel an alien that's preying upon them. [They were] parasites," said Ready, a former Marine who was twice court-martialed and expelled from the military with a bad-conduct discharge. "C'mon, that's healthy. It's only when you're unhealthy that you've got parasites on you."

When New Times asked Ready whether he hated all Mexicans, he offered another dehumanizing metaphor: "I don't hate all of anything. I don't hate all scorpions, but I wouldn't want them crawling around in my house."

Not that the connection between Ready and Pearce is news, of course, consider the following Republican primary mailer that was sent out during the 2008 campaign and featuring a photo of Pearce and Ready at a campaign event:


(front)


(back)

Apparently the answer is that among Pearce's Mesa constituents what would be a disqualifier for office anyplace else is met with a yawn of indifference, or perhaps even tacit support. He won his primary election that year with almost 2/3 of the vote and in Pearce's heavily Republican east Mesa district winning the primary means winning the seat.

The article then goes on:

Ready then bragged about how Sheriff Arpaio had stopped by earlier in the day, said hello, and even called him by name. Another neo-Nazi, using the handle "Vito Lombardi," (in fact, Coletto) excitedly related how a photo was taken of him and his hero, Arpaio.

If you remember a couple of years ago about a plot by a small group of students to bomb Desert Mountain High School in what was described as a 'Columbine type attack,' Coletto (then 17) was one of the five students implicated in the plot. He was allowed to plead guilty to a single count of criminal damage (in connection with his burglarly of bomb-making supplies and chemicals) and the rest of the charges were dropped. Just in case you've ever taken a moment to ponder what eventually becomes of those Columbine wannabees that get caught somewhere in the country every spring before they can blow up their high school, here's your answer.

It was also clear, based on the article why they were stomping on Mexican flags and trying to provoke a confrontation. Making extensive use of Arizona's open carry laws, many of the demonstrators were armed. Presumably so they could 'defend' themselves.

There is one thing that will distract a Nazi from trying to provoke a confrontation with pro-immigration marchers. That is when someone who they believe to be Jewish shows up, as in the case of this musician:



Luckily the man did not allow himself to be provoked. After all, given that the counter-demonstrators were bristling with weapons that was probably a good idea.

You'd think that with that kind of behavior Ready and Coletto would have marginalized themselves and nobody with any kind of political ambition (or even a grain of common sense) would want to get within a couple of furlongs of them, and in 49 states you'd be correct. But in Arizona apparently a Nazi is considered less of a threat than a Mexican gardener.

Pearce at least had the good sense to stay away from Saturday's rallies and marches. Not so the good Sheriff of Nottingham, Joe Arpaio.

Arpaio of course is no stranger to controversy on the subject, having said in a Lou Dobbs interview in 2007 that he was 'honored' to be compared to the KKK. Sort of speaks for itself.

From the linked article there is also this:

This May 2 dalliance with Coletto and J.T. Ready wasn't the first time Arpaio has associated with the neo-Nazis. In March 2008, the sheriff spoke before a United for a Sovereign America meeting at a Veterans of Foreign Wars post in Sunnyslope, where U.S.A. affiliate Elton Hall was in attendance. Hall, 75, is a legend in Arizona neo-Nazi circles, venerated by racist skinheads for his work as an organizer for George Lincoln Rockwell's American Nazi Party in the 1960s.

And in fact, there is the matter that the U.S.A. not only is willing to welcome Arpaio, but in fact that their links go much deeper:

Yet the sheriff's involvement with extreme hate groups is not incidental. The relationship has been prolonged and intentional, arguably helping him get re-elected last year in a county where much of the electorate is hostile toward Mexican immigrants.

Since 2007, Arpaio has appeared at nativist events, accepted awards from groups such as the Minuteman Civil Defense Corps, welcomed U.S.A. leader Rusty Childress into his immigration sweep headquarters, spoken at nativist meetings frequented by neo-Nazis, and used petitions circulated by extremists to justify his immigration dragnets.

Also troubling are indications that the MCSO, in some cases, instructs U.S.A. through member Barb Heller, who has bragged about her contacts with the Sheriff's Office to anyone who will listen, and who apparently receives instruction and advice on how U.S.A. should handle itself.

In other words, they will behave themselves as long as Joe Arpaio tells them to.

So under the circumstances it's hardly surprising that Arpaio knows Ready by name and is happy to talk to Coletto and the rest of the neo-nazis among the counter-demonstrators. I guess if the sheriff's department ever is prevented by a court order or some other means of conducting raids on day labor sites, churches and other places looking for people with a brown skin and no papers, it's convenient for him that he has some blackshirts ready to carry out his orders whenever he unleashes them.

A hat tip to a recently added facebook friend, Robert Czaplicki.

Won't listen to me about immigration? Listen to Ronald Reagan then.

Supporters of the new Arizona immigration law (which gives state sanction to what the Sheriff of Nottingham has already been doing with no legal justification at all) have been jumping all over the shooting of a Sheriff's deputy in Pinal County as 'proof' that we need the law.

This of course is absurd. The shooting was carried out by suspected drug smugglers and smuggling drugs is a felony and local law enforcement already have the full authority to take action against suspected drug smugglers. So the people in more danger from the new law (and the past six years or so of increasing anti-immigrant and anti-Latino legislation and ballot initiatives pushed by Russell Pearce) are 1) migrants who are NOT otherwise committing a felony that the police already have license to go after them for-- in other words those who are here working at a job and not committing any crimes, and 2) people (like one of my close personal friends) who are Hispanic American citizens who have been detained, questioned and humiliated by police for apparently no other reasons than their skin color or surname.

In fact, if they really want to catch the drug smugglers, human traffickers and others who are causing violence along the border, then destroying any remaining trust that members of the Latino community might have towards local law enforcement seems a curious way to do it. As unscrupulous employers, drug kingpins, prostitution ringleaders and others who often exploit migrants know well, someone who is afraid to go to the police is someone who can very easily be intimidated into doing anything. Any law that makes them even more afraid of the police strengthens the hand of the real criminals, not weakens it.

Maybe GOP members might want to consider and contrast the view of migrants that this law puts forward with that espoused by their biggest icon:

I've spoken of the shining city all my political life, but I don't know if I ever quite communicated what I saw when I said it. But in my mind it was a tall, proud city built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That's how I saw it, and see it still. -- Ronald Reagan, Farewell Address, 1989

Because in this law and others I don't see the optimistic and forward looking spirit of conservatism of the type embraced by Reagan, but instead a reactionary, angry and misguided spirit that is as far as possible from anything that Reagan ever stood for.

Hat tip: To Pres Winslow, who first pointed this out.