Arizona’s “Your
papers please” statute has condemned its society, who support the law by
a reported margin of 70%, to the dubious honor of becoming a police
state within the United States.
This is not to say that the federal government is out of step. In fact,
we seem to be all marching in that direction based on the assault of
federal legislation usurping the rights of the American people’s
protection under the Bill of Rights. Witness the forfeiture laws
and the Patriot Act, among the dozens of legislative acts
infringing on our rights.
Arizona
hijacked the federal government and is holding democratic values
hostage. The ransom is for the federal government to stop illegal
immigration and drug cartels from entering
Arizona
and committing crimes. Once the ransom is paid the hostage will be
released and our constitutional bill of rights will be restored. Until
the, racial profiling, unreasonable search and seizure, violation of due
process, infringement on the Bill of Rights, usurpation of
federal supremacy to ordain immigration – all of these democratic values
constitutional guarantees will be held hostage.
It is not surprising even in a democracy to witness
the ruling elite, the legislature and the governor, in the case of Arizona, overreacting to
a crisis. Fear and ignorance, paralyzes decision makers who are lacking
the moral fortitude and the innate ability to face challenges and to
deal with and resolve the crisis. Frustrated at their ineptitude they
find a scapegoat, a diversionary tactic. Crisis brings the worst in
group behavior and in our government. For instance, at the start of WW
II, the government seized, with the support of the populace, the
possessions, without due process, of 130,000 Americans, and then
interned them, without trial, without charges, without any due process,
in violation of the Constitution, for the duration of the war. Their
only ‘crime’ was their Japanese ancestry.
In
Arizona
the crisis is the business recession and lack of jobs. Undocumented
workers are taking jobs away from the unemployed legal residents. The
other crisis is crime associated with drug cartels from Mexico and trafficking of illegal
drugs. The federal government, who has the plenary poser to deal with
immigration, ahs erected barriers to prevent illegal entry into the U.S,
from Mexico. It has
enforced the sanctions against employing undocumented workers.
Admittedly, however, these measures have not proved effective. More is
needed. Also, the federal government spends billions of dollars in the
war on drugs, with the help of the Mexican government and its army.
Also, the war on drugs is a failure. Accordingly, it is up to
Arizona
to solve the problem.
Arizona’s
solution of the problem is the persecution of a vulnerable minority, the
Mexican legal and illegal immigrant. “If we send the ‘brown skins’ back
home where they came from” is the war cry of the mighty, “we will
eliminate crime, drug dealing, kidnapping, home invasion, rape and
killings.” All we have to do is order our police to stop ‘suspicious
looking’ (dark skin persons), and check their papers (“Your papers
please”). And, if they cannot prove their legal residence, arrest them.
By the law of averages, some will turn out to be undocumented. And the
others, well, they will only be ‘inconvenienced.’ Hey, in war there will
be collateral damage. Never mind the Constitution. Never mind the Bill
of Rights. After all, the Bill of Rights is the successor to the
Rights of Englishmen, and not meant to apply to non-whites.
Absent in this melee is the ‘Tea Party’ crowd of
demagogues protesting against government violation of American’s
individual rights. A great disappointment is the pitiful disgrace of
Senator John McCain who cowardly surrendered his principles in defense
of human rights and tenets of justice and fairness, in order to placate
his political base, the neoconservative radical wing of the Republican
Party, primarily responsible for the authorship of
Arizona’s unconstitutional law. Without the base
support of the fringe McCain’s fledging candidacy is doomed. So, as a
true politician seeking power for power’s sake, regardless of the loss
of principle, McCain took the low road and voiced his support for the
legislation. The foregoing is a shameless exhibition of political
hypocrisy.
Personally, my greatest disappointment is not with
the ruling elite. Not with the masses who follow their leaders blindly,
in ignorance and in the heart of passion. Nor with the politicians who
will always seek political office at any cost. Rather, my real
disappointment is with the lack of Christianity among Arizonans. The
Sermon on the Mount, crystallizing the teachings of Jesus, is all
but forgotten. The salutation in our Lord’s Prayer, ‘Our Father,’
recognizing at once our Creator as the Father of the human race and the
brotherhood of man is only lip service. Christianity to Arizonans is a
club network for social and business interchange. It is not the religion
of Christ. It would not hurt Arizonans who aspire to be real Christians
to study
The Sermon on the Mount; and the Lord’s Prayer: an Interpretation
by Emmet Fox.
The
Arizona
anti- immigration bill will be challenged and declared unconstitutional.
The ‘supremacy clause’ overrides any attempt by a state to usurp the
plenary and exclusive power of the federal government on the regulation
of immigration. Further, the legislative provision denying due process
and constitutional rights to its victims will also render the statute
unenforceable. Arizona has already felt the sting of indignation by America’s
majority, which will continue to increase in intensity. It will face
economic sanctions, such as the cancelation of conferences and reduction
in tourism, in addition to the rapprochement by men of conscience. And
in the end, Arizona cannot by itself
eliminate drug trafficking and crime by legislative fiat. If the all
powerful federal government has spent billions of dollars on the ‘war on
drugs,’ without success, how can
Arizona
with 1% of the resources hope to accomplish this challenge?
Scapegoat is not the answer.
Violation of human rights is inexcusable.
The federal government is paralyzed by party
politics and remise in the enactment of comprehensive legislation which
sensibly controls and enforces immigration. Further, the government, in
the name of ‘law and order,’ is engaging in a futile ‘war on drugs’
which cannot be won as long as Americans continue to consume
‘recreational drugs.’ Criminalization is only a victory for the drug
trafficker. Regulation and legitimization is the only answer- a victory
for all Americans.. This is the solution which Arizona should be
advocating.
By
Sal Osio, JD