Silence of Good People

In the nation’s fifth-largest city, more than 200 men were humiliatingly marched past video cameras to a tent-city where they will await deportation. Maricopa County Sheriff Joe Arpaio, “star” of a Fox reality television show, was simply continuing his long abuse of power in cruelly and unusually punishing prisoners in his jail system. While he makes convicted offenders wear pink underwear and has been cited as serving green bologna to prisoners, he has particularly situated himself as “hard on immigration,” teaming up with the federal policing program 287(g) which partners the U.S. government with local law enforcement. (Garcia, Carlos)

In theory, federal-state cooperation makes the whole system work better. However, local law enforcement officials in 287(g) are given little guidance and engage primarily in basic racial profiling, which results in a myriad of pretextual traffic stops, “jaywalking” violations, and general harassment of Latinos in Phoenix and other like communities throughout the United States. (New York Times)

As new Secretary of Homeland Security (and former Arizona governor) Janet Napolitano seeks to reform the broken Immigration and Customs Enforcement (ICE) Department, surely Arpaio should be high on her list. Napolitano’s investigations into the 287(g) should probe into the abuses, both local and federal, and seek to craft an alternative which doesn’t criminalize people based on race or appearance.

On March 7, the 44^th anniversary of the famous Bloody Sunday March from Selma to Montgomery which so galvanized the civil rights movement, a march will be held in Phoenix to protest the civil rights abuses perpetrated by Joe Arpaio. While this march’s purpose states it wants Arpaio sent to jail, more generally it will be a march against 287(g) and all the abuses it has invited. Dr. King had Bull Connor; America’s immigrants have Sheriff Arpaio. (Garrido, Jon. Hispanic News)

This past week, as California Border Patrol officers accused their superiors of setting quotas for apprehended immigrants, we must all question our current immigration system which permits and perpetuates such abuses. The Migration Institute recently revealed a chilling report that ICE shifted its goals from apprehending “the most dangerous” undocumented immigrants to deporting anyone – women, children, factory workers – anyone to highlight the agency’s success (Garcia, Carlos). In changing their role from Homeland Security to Heartland Insecurity, our immigration system has struck fear in the hearts of families and terrorized immigrants both legal and otherwise. It is vital we note that America’s immigration issues are bigger than Sheriff Joe Arpaio, larger than ICE, and deeper than the flawed quota system – at its heart, our current immigration system reflects the complicit silence of America. As Dr. King wrote in his “Letter from a Birmingham Jail,” We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people.” He goes on to write, though, that “Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co workers with God.” This chance is there for all of us in this 21^st century civil rights issue in the United States.

Arizona: Land of Snowbirds & Coyotes

At this time of year when many Midwesterners head down to the balmier climes of Arizona (like my own grandparents-in-law), it is important to think about this state which has the harshest immigration laws in the U.S.

While immigration enforcement has traditionally always been under the sole control of the federal government (and, in fact, is likely Constitutionally exclusive to the Federal Branch under the Dormant Commerce Clause of Article 1), Arizona has done its best to “help” the Department of Homeland Security. Joe Arpaio, self-proclaimed “America’s Toughest Sheriff,” man who makes his inmates wear pink underwear and sleep outside in tents year-round just to make their incarceration more retributive, is first and foremost a man who hates unauthorized immigrants. Contrary to state and national practice, Arpaio has arrested more than 7,000 extralegal immigrants a year because every single person the police question is asked their social security number and citizenship status. The Maricopa County police force partners with ICE (Immigration and Customs Enforcement), though they are only supposed to ask the citizenship status of prisoners arrested on other charges. While the ACLU reminds immigrants in border towns like Brownsville, Texas, that it is their civil right to refuse to answer such questions without their attorney, Arpaio has taken advantage of these immigrants’ lack of legal expertise, often using his technique to incarcerate passengers of speeding cars and jaywalking pedestrians. (Robbins, Ted. NPR)

Maricopa County Attorney Andrew Thomas has also seized on Sheriff Arpaio’s xenophobia. The Arizona state law, passed in 2005, made it a federal crime to be involved in human smuggling. While the statute was intended to protect extralegal immigrants from the dangers of border-crossing with coyotes, Thomas has used the law to convict some 200 immigrants of “smuggling conspiracy,” turning this law back on the people it was arguably designed to protect. (Kiefer, Michael. The Arizona Republic)

And so, when Governor Janet Napolitano replaces Michael Chertoff and is confirmed as Obama’s Secretary of Homeland Security, she will leave Arizona in the hands of men like Joe Arpaio, Andrew Thomas, and the rogue Minutemen taking vigilante justice into their hands on the southern border. Where Napolitano resisted most of Arizona’s more nativist and radical immigration legislation, her successor Jan Brewer is expected to be more deferential to these xenophobic influences (New York Times). Hopefully, Napolitano will be able to work a top-down shift in national immigration enforcement, cutting the 287(g) program that allows such dangerous collaboration with local officials like Arpaio on federal issues of immigration. Here’s hoping!