News

Immigration Battle Far From Over

Please find below a state from Rev. Jesse L. Jackson Sr., founder and president of the Rainbow PUSH Coalition, regarding preliminary injunctions placed on Arizona’s Immigration Law

WASHINGTON DC (July 28, 2010)—“United States District Judge Susan Bolton showed good judgment in issuing a preliminary injunction on the key and most controversial parts of Arizona’s misguided immigration law. It is a step in the right direction, although other onerous provisions of the law were left intact. 

Her ruling halts the implementation of the "reasonable suspicion" section of the act that would require police to arrest and detain suspected illegal immigrants without a warrant. Many civil rights advocates have argued that this provision gives a green light to state-sanctioned racial profiling, violating the equal protection clause of the 14th amendment.

Immigration is an issue that is uniquely and unequivocally reserved for federal law, and Judge Bolton’s ruling expressed skepticism about the constitutionality of Arizona’s law. We cannot have a patch work of fifty different immigration policies passed independently by fifty different states--we are one United States of America and there must be one immigration policy guiding our nation. The Constitution sets forth a clear separation of powers between states and the federal government; in fact, in 1941, the U.S. Supreme Court ruled that the state of Pennsylvania’s “Alien Registration Act” could not require Chinese residents to register and carry identification cards with them. [HINES v. DAVIDOWITZ]

MALDEF and a coalition of civil rights groups filed a lawsuit challenging the discriminatory measure. In their analysis, the ruling

The blocked sections under the law include the following provisions:

• The requirement that police officers investigate the immigration status of all individuals during any stop, detention or arrest if the officers suspects that the individuals are in the country unlawfully;

• The requirement that police officers verify the immigration status of all individuals who are arrested before they can be released;

• The new state scheme imposing new criminal penalties for non-citizens whom Arizona determines are not carrying proper immigration documents, even when the federal government allows those individuals to remain in the U.S.;

• The provision creating a state crime for unauthorized immigrants to solicit or apply for work; and

• The provision for the warrantless arrest of individuals when state or local police officers decide those individuals are “removable” from the U.S.

The court did not strike down the provision that forbids local police agencies from adopting policies that limit or restrict enforcement of federal immigration laws, or the provision that permits Arizona residents to sue government agencies for adopting a policy restricting enforcement of immigration law. The court also left in place certain provisions related to day laborers, citing a recent Ninth Circuit decision in which en banc review is being sought.” (MALDEF Press Statement July 28, 2010)

Historically, in times of economic recession, anti-immigrant legislation has incited racial fear, backlash, and legal discrimination against immigrants. We should learn from past mistakes and seek comprehensive immigration legislation that unites our nation, not policies that divide us.

The battle is far from over. Heightened tensions over Arizona’s immigration laws are another indication of the racial polarization in the country. Proponents of Arizona’s anti-immigration legislation intend to appeal the case to the U.S. Supreme Court. At least 20 states are considering passage of Arizona-like anti-immigration laws. This is shaping up as a key dividing line as we approach the 2010 mid-term elections.

Comprehensive immigration reform is needed now more than ever before. Clearly our immigration policy is broken. It must be fixed. The federal government must quickly move to enact legislation and stem the trend of individual states setting misguided immigration policies that should be under the purview of the federal government. There is no time to waste.”

The Rainbow PUSH Coalition is a progressive organization protecting, defending and expanding civil rights to improve economic and educational opportunity. The organization is headquartered at 930 E. 50th St. in Chicago. For more information about the Rainbow PUSH Coalition, please visit http://www.rainbowpush.org or call (773) 373-3366.

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