By Andrea Guerrero
- March 17, 2008
I'm taking off all my institutional hats to endorse Barack Obama for
president. I support Obama because I am inspired by his energy, his vision
and his demonstrated capacity to heal divisions and bring about change. I
aspire to be like Obama in bringing agents of change together to pursue
innovative ideas that resolve seemingly intractable problems. On the
issues that I care most deeply about (civil rights, education,
immigration, and poverty) and on many other issues, Obama has a vision to
move us forward. His positions are not only smart, but they are also
humane. I invite you to learn more about Obama's
positions on issues at on his campaign site.
Why I Am Not Supporting Clinton and What You Should Know
As an attorney and a civil rights advocate I am deeply concerned about the
apparent willingness of Hillary Clinton to forsake due process and other
protections for immigrants (legal and illegal) in her attempted ascendancy
to the presidency. As described in the article below, Clinton wants to
strip due process rights (the right to defend oneself from deportation in
court) from legal permanent residents who have committed a criminal
offense, no matter how minor. She would make an already exceedingly
punitive deportation system that rips apart families even more punitive
and inhumane.
I have spent the last seven years trying to challenge the laws signed by
Bill Clinton which expanded the list of crimes for which legal immigrants
could be deported and stripped due process rights from them. As a result I
have seen families torn apart because of punitive deportation laws that
far exceed the criminal consequences of a crime.
For example, I have seen young people who were on the path to citizenship,
who committed the offense of a simple drug possession (sometimes as
college students alongside their American peers), who were released on
probation by the court without jail time, and were deported forever as a
result of their offense without the opportunity for a second chance to
remain in this country, separating them from their families and ending a
promising future.
I have also seen a young man deported without an opportunity to defend
himself against deportation for having engaged in sexual relations with an
American high school student while in high school himself, even though the
young man went on to marry his high school sweetheart, put her through
college, and raised four children with her, before he crossed paths with
immigration agents and was deported only months after his youngest child
was born. His deportation destroyed a family, an American family.
Bill Clinton acted out of political expediency when he signed these laws,
some of the most punitive laws we have ever seen in this country. Hillary
Clinton proposes going one step further by significantly expanding the
list of crimes for which deportation would be automatic for legal
permanent residents regardless of the disproportionately lesser
consequences in criminal law and regardless of family circumstances. I
fear she also acts out of political expediency.
In addition to forsaking protections for immigrants, Hillary Clinton has
also attempted to undermine the rights of African Americans who are
subject to excessive sentencing for crack cocaine. For the last 20 years,
users of crack (primarily African Americans) have suffered from sentencing
laws that, for example, mandate 5 years for 5 grams of crack, while users
of powder cocaine (mostly Whites) have received only probation sentences
for 5 grams of powder cocaine. Although the physical effects of the two
types of cocaine are the same, the disparate sentencing laws were
implemented as part of a "tough on crime" response to drug use in poor
communities.
The result has led to a significant increase in the incarceration of
African Americans. When the Democrats in Congress recently introduced
legislation to correct the sentencing disparities, Clinton broke rank with
her party and opposed the legislation. Another political calculation of
who is expendable in her bid for the presidency. (For more information on
this issue, go to www.sentencingproject.org)
What is perhaps most disturbing and most disheartening about Clinton is
her use of racially divisive tactics. For example, in the recent debates
in Los Angeles, the moderator asked the candidates if inner city African
Americans were suffering as a result of illegal immigration. Obama
answered that America's working poor were feeling economic uncertainty
before the latest round of immigrants showed up and cautioned against
scapegoating. Clinton, on the other hand, stated that African Americans
were indeed suffering and that people were losing jobs.
The facts don't support her arguments, but I imagine she knows that and
opted to say this to fuel black-brown tensions and appease conservative
voters. I could go on about other distasteful tactics ... push calls to
voters suggesting Obama is Muslim and repeatedly using Obama's comments
about Reagan out of context ... but suffice it to say that Clinton has
crossed ethical lines that I cannot stomach.
I hope you will join me in rejecting these tactics and vote for the voice
of intelligent change.
___________________________________________________________
Andrea Guerrero is an attorney in San Diego who has practiced law and
written extensively on immigration, education and civil rights. She is the
author "Silence at Boalt Hall: The Dismantling of Affirmative Action,"
published by the University of California Press in 2002. Andrea can be
reached at
andiguerrero@gmail.com.
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