Member States Reach Agreement on Anti-Racism Document

22 04 2009

The anti-racism Durban Review Conference on 21 April adopted its final outcome document. It has its flaws particularly some questionable free speech paragraphs and its vulnerable to the charge that it did not need to include language regarding foreign occupation, though there is no mention of Israel by name. There are also a lot of NGO groups that are understandably frustrated at how language about the transatlantic slave trade was watered down in the final out come document.

But considering what the previous drafts looked like this final outcome document is a dramatic improvement. What’s more, the NYT has correctly framed this as a victory for the UN process and a loss for Ahmedinejad and those who wanted to use the Israeli-Palestinian question to either overshadow all other global racial discrimination issues or not participate in the conference at all.

The adoption of the resolution by the committee that coordinates the conference ended months of negotiation that removed contentious clauses referring to Israel and Palestine and trying to make defamation of religion an offense against human rights.

The conference will formally adopt the document here on Friday, but it is no longer open to debate or amendment, diplomats said.

Announcing the adoption of the resolution to warm applause from delegates, the conference president, Amos Wako, who is from Kenya said: “What we have decided shows the outcome when you remain engaged in the process. It shows that boycotts do not assist.”

“This is very good news indeed,” said Navi Pillay, the United Nations human rights commissioner, who hosted the conference. “It’s the culmination of months of deliberation.”

[snip]

Announcing the adoption of the resolution to warm applause from delegates, the conference president, Amos Wako, who is from Kenya said: “What we have decided shows the outcome when you remain engaged in the process. It shows that boycotts do not assist.”

I fully expect a lot of critics to focus on the language regarding foreign occupation and free expression. But in the meantime I think the administration has got to be reconsidering participating in the follow process, given how this turned out.

Plus, the outcome document is very progressive on a whole range of issues from calling for a aggressively punishing hate crimes to urging governments to embrace equal opportunity programs from establishing national human rights bodies to affirming the right to organize to calling for the humane treatment of migrant workers in addition to calling for the ratification of other U.N. social justice treaties.





Homeland Security Sees Uptick in Hate Group Recuritment

17 04 2009

A Department of Homeland Security report on the rise of right wing hate groups and extremism was leaked this week. The DHS report is called “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment.”

Unsurprisingly, the report found that the spike in undocumented immigration, the current economic downtown, and the election of the first African American president have spurred their efforts in winning new recruits.

Not exactly news to many of us, but its different when you see this documented by the government.

Of course, much of the controversy surrounding the report has focused on how these groups recruit disgruntled military veterans that find it difficult to readjust to civilian life, but that’s far from the report’s central focus. And anyone who takes time to read it would soon discover that himself.

But even if some civil libertarians and conservatives raising concerns about whether or not the government should be monitoring political beliefs, I think this presents many civil and human rights advocates with an opportunity to to promote greater awareness about the rise of hate crimes and their clear, though often overlooked, relationship to hate speech. That’s not to say we should go out of our way to criminalize intolerant speech, but being vigilante about countering intolerant speech can be critical to reducing hate crimes.

The Local Law Enforcement Hate Crime Prevention Act, which seems like it will be introduced this session of Congress, would provide local authorities with more resources to combat hate crimes and give federal government jurisdiction over processing hate crimes in states where the current law is inadequate.

In my opinion, I think the key findings in the report include:

  • Over the past five years, various rightwing extremists, including militias and white supremacists, have adopted the immigration issue as a call to action, and recruiting tool. Debates over appropriate immigration levels and enforcement policy generally fall within the realm of protected political speech under the First Amendment, but in some cases, anti-immigration or strident pro-enforcement fervor has been directed against specific groups and has the potential to turn violent.
  • In contrast to the early 90s, the advent of the Internet and other information age technologies s has given domestic extremists greater access to information related to bomb-making, weapons training, and tactics, as well as targeting of individuals, organizations, and facilities, potentially making extremist individuals and groups more dangerous and the consequences of their violence more severe.
  • Lone wolves and small terrorist cells embracing violent rightwing extremist ideology are the most dangerous domestic terrorism threat in the United States. Information from law enforcement and nongovernmental organizations indicates lone wolves and small terrorist cells have shown intent—and, in some cases, the capability—to commit violent acts.
  • Most statements by rightwing extremists have been rhetorical, expressing concerns about the election of the first African American president, but stopping short of calls for violent action.
  • Historically, domestic rightwing extremists have feared, predicted, and anticipated a cataclysmic economic collapse in the United States. Conspiracy theories involving declarations of martial law, impending civil strife or racial conflict, suspension of the U.S. Constitution, and the creation of citizen detention camps often incorporate aspects of a failed economy.

Also, see Department of Homeland Secretary Janet Napolitano’s statement on the report here.





Houston Residents Clash Over Immigration

9 04 2009

(Hat Tip: Houston Chronicle)





NYT: Obama to Push Immigration Reform This Year

9 04 2009

This could be risky if it is not done right since the anti-immigrant right has been waiting for this. The last time comprehensive immigration reform came up in the Senate in June 2007 we got clobbered on cloture by the score of 46 yeas to 53 nays. Of course, you cannot discount the fact that the bill was being pushed by an deeply unpopular president on a reluctant Congress in different political environment. But still its something to think about.

At any rate, Julia Preston at the NYT says once the CIR bill drops it will feature many of the familiar elements that Obama campaign on:

In broad outlines, officials said, the Obama administration favors legislation that would bring illegal immigrants into the legal system by recognizing that they violated the law, and imposing fines and other penalties to fit the offense. The legislation would seek to prevent future illegal immigration by strengthening border enforcement and cracking down on employers who hire illegal immigrants, while creating a national system for verifying the legal immigration status of new workers.

I really hope that does not mean reviving E-Verify or the no-match stuff. Those policies just don’t work. But I do like the fact that the administration is at least signaling they will push some version of CIR this year. It’ll be interesting to see if certain members of Congress will embrace their inner Tom Tancredo on this one or get on the right side of history.





Census Politics

9 04 2009

Most people who follow the politics surrounding Census are focused on a certain set of obstacles to achieving an accurate count such as the ongoing immigration crackdown, the foreclosure crisis, and counting people displaced as a result of Hurricanes Katrina and Rita. But apparently we can now add gay marriage to the list of emerging issues confronting the 2010 count, which is used to allocate funding for building roads, maintaining schools, improving hospitals, and apportioning legislative districts.

Money quote from the New York Times

Also on Tuesday, in a separate effort to bolster the number of census respondents, the mayor and the City Council speaker, Christine C. Quinn, wrote to Commerce Secretary Gary Locke, asking that the Census Bureau, which Mr. Locke oversees, count legally married same-sex couples as “married” in the 2010 census. As it stands, the bureau plans to count these couples as “unmarried partners,” since federal law does not recognize same-sex marriages.

“Recognizing these unions for statistical purposes may encourage greater participation in the census” among lesbians, gays and bisexuals, Mayor Bloomberg said. “And greater participation and accuracy are the end goals of the census outreach effort.”

Meanwhile with the count beginning in less than a year from now, a Census Director, Dr. Robert Groves, has  been nominated, but not confirmed yet and Congressional Republicans are getting busy looking for issues to reject him.

Ohio Congressman John A. Boehner told the Washington Times, “Mr. Groves reportedly advocated a scheme to use computer analysis to manipulate census data, rather than simply conducting an accurate count of the American people.” House Minority Leader also added, “We will have to watch closely to ensure the 2010 census is conducted without attempting similar statistical sleight of hand.”

Rep. Boehner is cynically using Groves expertise in sampling against him in order to portray the nominee as a voodoo numbers guy and Democratic hack. Boehner is trying to propagate this myth despite the fact Goves won the endorsement of even Bush’s former Census Director Louis Kincannon, who called the nominee an “eminent scholar” and said statistical sampling is a “nonissue,” according to the National Journal.

Who knew that a national head count could be so political?





Obama Reaffirms Support for Comprehensive Immigration Reform

21 03 2009

At a town hall meeting in Mesa County, California this week, Obama reaffirmed many of the same principles of comprehensive immigration reform that he campaigned on in the 2008 presidential election. Those guiding ideas include a path to legalization, securing the border, and employer verification. But at the same time he said he did not want to create a system that would discriminate against someone “just because you’ve got a Hispanic last name or your last name is Obama.” He also reiterated his support for a comprehensive approach to immigration rather than tackling the problem in a piecemeal fashion.

Until now, Obama choose to only discuss immigration issues when engaging Spanish only media. This time, however, he is voicing the same message while on CNN, which is somewhat of a big step and could be an indication that it might be on the agenda this coming fall or late summer.

Money quote:

Now, it only works though if you do all the pieces. I think the American people, they appreciate and believe in immigration. But they can’t have a situation where you just have half a million people pouring over the border without any kind of mechanism to control it.

So we’ve got to deal with that at the same time as we deal in a humane fashion with folks who are putting down roots here, have become our neighbors, have become our friends, they may have children who are U.S. citizens. (Applause.) That’s the kind of comprehensive approach that we have to take. All right. Okay. (Applause.)

(H/T: America’s Voice)





Arizona Sheriff Puts Immigrants in Tent City

13 02 2009

On February 4th, Arizona Sheriff Joe Arpaio of reality TV fame began removing 200 undocumented immigrants from inside Maricopa County’s Durango Jail to a segregated area outside of it the widely known as “Tent City,” where they will be surrounded by an electrified fence. The star of Fox network’s “Smile … You’re Under Arrest!” invited members of the media to witness undocumented immigrants marched off chained together to what’s been described as a military camp in the desert where temperatures can reach as high as 100 degrees.

Sheriff Arpaio claims the move was necessary to accommodate burgeoning inmate population and save taxpayer money, despite providing no explanation of how that will happen. “We have expanded the tents to be able to house as many as 2500 inmates out of the 10,000 currently incarcerated in the jails,” he explained in a press release. Undocumented immigrants detained in tent city will remain there until they complete their sentences or deported to their home countries.

But critics charge Sheriff Arpaio treatment of prisoners warrant legal scrutiny. ACORN called the move a “blatant disregard for civil rights.” According to the Phoenix New Times, Arpaio has been the target of 50 times as many prisoner related lawsuits than the jail systems of New York, Los Angeles, Chicago, and Houston combined from about 2004-2007.

Last year, Phoenix Mayor Phil Gordon has also urged the Federal Bureau of Investigation and the Civil Rights Division of the Justice Department to investigate Sheriff Arpaio for a “pattern and practice of conduct that includes discriminatory harassment improper stops, searches, and arrests.”

Now it seems some calls for investigating the sheriff is starting to get some traction. Chairman of the Judiciary Committee in the U.S. House of Representatives Congressman John Conyers recently sent a letter to Attorney General Eric Holder and Secretary of Homeland Security Janet Napolitano asking for both of them to investigate Sheriff Arpaio for violating the rights of immigrants. Neither official has responded just yet.

But in the mean time check out this video from Democracy Now! on Sheriff Arpario and his immigration enforcement efforts.





Constitution and Citizenship Day Blogging

17 09 2008

Origins of Citizenship and Constitution Day

On September 17, 1787, the final draft of the U.S. Constitution was signed by 39 delegates to articulate our freedoms and the broad parameters on which Americans would govern themselves as a country.  In celebration of the day Congress made September 17th Constitution Day/Citizenship Day in 2004 and mandated the teaching of the Constitution in schools that receive federal funds.  The week in which Constitution Day falls is also known as Constitution Week. According to Wikipedia, prior to the enactment of the law it was also known as Citizenship Day.

Click here to read the full text of the U.S. Constitution.

Report: Expensive Fees Cause Dip in Citizenship Applications
According to a new report published last week by the Illinois Coalition for Immigrants and Refugee Rights entitled, “Priced Out: U.S. Citizenship A Privilege for the Rich and the Educated” the Bush administration has made citizenship less accessible and expensive for immigrants. Since the last fee increase in July 2007, 59 percent fewer immigrants applied for citizenship. Advocates cite the corresponding increasing in application fees as a reason, which went from $400 to $675 in July of 2007. The report also notes how while there has been a 27 percent increase in the minimum wage in the last decade, citizenship application fees went up 610 percent. There has also been dramatic drop in the number of citizenship applications filed during the past year in many if not all states with large population of foreign born people.

The report recommends experimenting with microloans and employer assistance programs to make the application process more affordable. The authors also recommend the passage of the Obama-Gutierrez Citizenship Promotion Act of 2007, which among other things, would require a study of the sluggishness of the FBI background check process and to identify obstacles to timely completion of the checks. It would also authorize funds for the USCIS to grant to community-based organizations to help prepare immigrants to become citizens.

Anti-immigrant Activists Lobby Congress
In response to recent lobbying efforts by the Federation for American Immigration Reform, an ant-immigrant organization with ties to white supremacists, the Service Employees International Union, the National Council on La Raza placed a full page ad in Roll Call and Politico. The ad featured images of white nationalists and other hate groups and quotes from prominent FAIR supporters. “As Whites see their power and control over their lives declining, will they simply go quietly into the night? Or will there be an explosion?” asks John Tanton the organization’s founder and top donor. “Should we be subsidizing people with low IQs to have as many children as possible?” asks FAIR’s current president Dan Stein. “New cultures…[in the U.S. are] diluting what we are and who we are,” warns another FAIR supporter.

The sponsors of the ad ask the reader “When Did Extreme Become Mainstream?” Good strong stuff.  Strong enough in fact to put FAIR on the defensive to issue a response where it called the ad “vitriolic” and said the ads sponsors were nearly calling all Americans one big hate group. I suppose FAIR believes they feel as if they speak on the behalf of all Americans.

National Polls Say Most Americans Approve of Immigration
Interestingly enough, despite the tenor of anti-immigrant sentiment during the past year, more than 60 percent of all Americans have consistently said immigration is a good thing for the country ever since mid-2005.





What about Immigration?

28 08 2008

From Feet in Two Worlds:

While Obama’s voter registration drive will target Americans all of backgrounds, the Obama campaign has previously pledged 20 million dollars on Latino outreach efforts including voter registration and paid media. The campaign has 400 Latino organizers and is training hundreds of volunteers to increase turnout among Latinos in key battleground states. In New Mexico alone, where an estimated 40,000 registered Latino voters didn’t got to the polls in 2004, Figueroa said the campaign has 29 field offices staffed by Latinos.

As interesting as that is, we are still left with the question why very few at the convention have said anything about immigration and hope to win over Latino voters. According to a December 2007 Pew Hispanic Center poll, 53 percent of all Latinos worry about being deported mainly because of harsher immigration enforcement measures, 75 percent of all Latinos disapprove of workplace raids, and 64 percent of all Latinos said the debate over immigration policy and the failure of Congress to enact an immigration reform bill have made life more difficult for them to live in the U.S.

And ever since mid-2005 more than 60 percent of all Americans have consistently said immigration is a good thing for the country.

Yet even with this summer’s newspapers filled with news about raids across the nation causing people to flee into the shadows and disrupting families, factory workers being exploited at meat packing plants, detainees dying in ICE custody, so little has been said about immigration at the Democratic Convention in Denver.

Its as if Democrats feel as if they can stay mum on the topic and still win over Latino voters simply because so many Republicans and other conservatives are willing to race bait the immigration issue. I realize that Barack Obama has been polling well among Latino voters lately, and thereby creating less of an incentive to be as forceful in his support for comprehensive immigration reform, and path to citizenship in particular, but the Dems cannot afford to maintain this silence and still energize Latino voters. That’s just not going to do it in November against McCain.





Take Care of Lupita, Lou

30 06 2008





America’s Demographic Transformation

26 06 2008

Many on the left or simply those who happen to closely follow this year’s Democratic primary often remark on the lack of substantive discussion regarding race and gender. I for one never believed that such a discussion would take place, at least not in a thoughtful way, during an election season. Elections easily lend themselves to fast media coverage and bit sized reflections on policies that fail to dive deeper than conventional talking points.

Thus, politicians in general, but particularly during election cycles, are ill equipped to lead such national conversations. They may help ignite it or contribute to it in some small or great way, as Obama did in his “A More Perfect Union Speech.” But they are in no position to lead it, unless they are running a protest campaign and aren’t really all that serious about winning.

Sorry, just being honest.

But do we really need a politician to help us appreciate how this country is changing? Consider what the United States looked like when it just hit the 200 million person mark in the mid-1960’s. In 1966, the U.S. was 84% white, 11% black, 4% Hispanic and 1% Asian and Pacific Islander.

Today its a far different story. Once the United States reached its milestone of the 300th million person, people of color compromised a third of the population.

Immigration had a lot to do with this change. 55.3 million of the people responsible for the 100 million person growth spurt during the last four decades were immigrants. Hispanics alone increased by more than five fold and Asian and Pacific Islanders increased their numbers by more than 9 times as much going from from 1.5 million to 14.3. Meanwhile black folk never quite doubled their numbers during this period and the overall percentage of whites went down from 84 percent to approximately 66 percent in forty years.

This kind of rapid change to the U.S. merits a national conversation whether or not we manage to elect the first person of color as president.

(H/T: Pew Hispanic Center)

Update: Assuming current trends continue until at least 2050, the U.S. will be a very different country than it was in 1960, as evidenced by graph below.

Source: Pew Hispanic Center





Latinos and the Electorate

9 06 2008





Voter ID Silliness

13 05 2008

I simply do not understand how photo voter ID advocates can push for more restrictive laws as a means of preventing undocumented immigrants from swaying close elections. If you are in the country illegally why in the world would you show up at the polls? Too many immigrants are afraid to go to the hospital much less show up at the polls to cast a ballot.

That would be the last place I would go.

Plus, actual U.S. citizens are the ones who bear the brunt of these laws whether are foreign or native born. Access to or affording to pay for a birth certificate or a passport or some other type of government issued identification document to obtain a photo ID card may in fact be too expensive for some people, particularly if they have to renew those IDs often. The elderly, the poor, people of color and immigrants will be disproportionately affected by these voter ID laws.

According to the Brennan Center, “as many as 7 percent of U.S. citizens do not have ready access to citizenship documents.” The same study also found “citizens earning less than $25,000 per year are more than twice as likely to lack ready documentation of their citizenship as those earning more than $25,000.”

The New York Times is also found that since Arizona adopted Proposition 200, a measure that made voting contingent upon proof of citizenship, more than 38,000 voter registration forms have been rejected even though the vast majority of the applicants swore under penalty of law that they were native born citizens. Under federal law such penalties may include jail time and stiff fines.

Meanwhile there has been scant evidence of voter fraud being a pervasive problem. In fact, after the Bush Justice Department made prosecuting voter fraud cases a top priority for more than five years only “about 120 people have been charged and 86 convicted” in 2006. This is after two midterm and one presidential election where millions of people voted.

Unsurprisingly, most of those arrested were Democrats.

The partisan advantage of these laws and who they target is unmistakable. Royal Masset, a Texas GOP operative, reportedly told the Houston Chronicle in 2007 that Voter ID laws could lead to a reduction in legitimate Democratic voting and even add as much as 3 percent to the Republican column.

Score one for voter rights.





Who’s Afraid of Diversity?

19 04 2008

In December of 2007, the fire breathing conservative writer Pat Buchanan penned an op-ed entitled, “Can Diversity Destroy Us?” As the provocative title of the opinion piece implies, the former Nixon speechwriter set out to attack those who promote diversity as a democratic good and portrayed those defending the interests of the historically marginalized as those actively seeking to balkanize America.

To Buchanan the threats to our national identity are numerous.

For one, he laments the spike in the number of immigrants and people of color in the country. Apparently, their numbers alone have made his longing for the tranquil pastures of Mayberry all too unreachable. Buchanan warns us that “….in the last seven years 10.3 million people, almost all from the Third World, entered the United States, more than half illegally. The nation that was one-tenth minority in 1960 is now one-third minority. European-Americans will soon be a minority in the nation, as they are today in California, Texas and most large American cities.” Lock your doors. Close the borders.

He also abhors the proliferation of multilingual speakers and media outlets that catered to them, “No longer are we united by a common language, as the fastest growing radio and TV stations are Hispanic,” he laments.

And as if invoking the spirit of the late Rev. Jerry Falwell, Buchanan underscored the perceived threat American religious and moral values posed by certain groups. “For the last 40 years has seen a large influx of Muslims, the rise of a rabid secularism and the break-up of Christian churches — the Episcopalians most recently — over issues of morality: abortion, civil unions, homosexual bishops, assisted suicide, stem cell research, Darwin, creationism.” He also goes on to solemnly declare, “This generation is witnessing the Deconstruction of America. Out of one, many.”

Perhaps this is even more proof that paleo-conservatives of the culture warrior variety have effectively married the “war on terror” at home paradigm to the ‘moral clarity’ of the anti-science, anti-gay marriage, anti-feminism efforts of the 80’s and 90’s. Or perhaps its just another sign of conservatives groping their way through the political wilderness only to embrace the worst of their tradition. Whatever the status or genesis of the sentiment is, it is not dead.

Consider Rep. Russell Pearce in the Arizona state house.

According to the Arizona Republic, Rep. Russell Pearce (picture right) recently introduced an amendment to a Homeland Security bill in the Arizona statehouse that would withhold state funding for schools that encourage “dissent from the values of American democracy and Western civilization.” Funding would cease for colleges and universities that have student associations that are based “in whole or in part” on racial affiliation, such as local chapters for historically black or Hispanic engineers or business associations for students of color. It should be noted that nearly all such associations on college campuses throughout the country permit anyone of any race to join.

If signed into state law, educators must submit their course plans and syllabi to school superintendents or a designee to ensure compliance with the measure. Ironically enough, judging by the language of the amendment the purpose of the proposal is to inculcate values of American citizenship and promote democracy, pluralism, and religious tolerance.

Rep. Pearce’s amendment not only infringes on the First Amendment rights of Arizonians by limiting their freedom to associate with whatever group they choose, their freedom of speech to criticize the gulf between American practice and ideals in the class room, but its also counter productive.

Diversity can serve to strengthen a society, but its not an unalloyed good. In any given society there will be demagogues eager to exploit the unthinking prejudices of others. But that’s precisely why a diverse society needs to have its laws and policies reflect genuine a commitment to tolerance and inclusiveness. This means not merely telling other people what to think and how they can socialize, but actually allowing them the freedoms to decide that for themselves. It also means learning to be accepting of the traditions and perspectives others bring to table and how they can improve our society, even if it comes in the bitter pill of dissent.

Despite being widely heralded for his work as a civil rights leader, Dr. Martin Luther King was frequently decried as an anti-American rabble rouser closet communist. But it was through his efforts, and those of many others, as a dissenter and critic of America that he exposed American racial contradictions, and yes changed the country. Before Congress mustered the courage to pass the 1964 Civil Rights Act, the Voting Rights Act of 1965, and the Fair Housing Act of 1968 Dr. King was jailed and brutalized for because of his profile acts of civil disobedience and dissenting opinions.

Taylor Branch writing in the New York Times noted that the movement’s ripple effects touched other segments of society too.

The movement also de-stigmatized white Southern politics, creating two-party competition. It opened doors for the disabled, and began to lift fear from homosexuals before the modern notion of “gay” was in use. Not for 2,000 years of rabbinic Judaism had there been much thought of female rabbis, but the first ordination took place soon after the movement shed its fresh light on the meaning of equal souls. Now we think nothing of female rabbis and cantors and, yes, female Episcopal priests and bishops, with their colleagues of every background.

Branch also observed that newly enacted civil rights laws yielded unexpected fruit too:

The movement spread prosperity in a region previously unfit even for professional sports teams. My mayor in Atlanta during the civil rights era, Ivan Allen Jr., said that as soon as the civil rights bill was signed in 1964, we built a baseball stadium on land we didn’t own, with money we didn’t have, for a team we hadn’t found, and quickly lured the Milwaukee Braves. Miami organized a football team called the Dolphins.

Who knows how much the civil rights and social justice movements would have achieved much if people were prohibited or strongly discouraged from associating with one another based on race, religion, and so on and had their criticism of America muzzled? Probably not much. Organizing among people of the same interests is crucial to building critical mass for a movement to even take place. Sometimes that takes place on college campuses, and churches, among other places.

But let us not be coy about why certain forms of intolerance can now operate in the open. Anti-immigrant sentiment is as high as it has ever been in a generation. States seeing a surge in immigrations, and border states ones such as Arizona, and have enacted draconian enforcement only laws in part to contain the change in way of life associated with the change in demographics of the state. The Grand Canyon State has led the nation with some of worst anti-immigrant racial profiling practices, and deportation and employer sanction laws. Now the recent tide of hysteria has reached a point where lawmakers are finding new ways to threaten the rights and liberties of citizens and non-citizens alike. Proposals like Rep. Pearce’s seek to squash criticisms of these efforts.

The gnawing fear of losing the fictional Mayberry of yesterday is now endangering the very same rights and liberties that can help us narrow the chasm between American ideals and our lived experience.

(H/T Pic:Jeremiah Armenta of The Arizona Republic)





Against Taking Liberties

1 04 2008

For those wondering why so many states are revolting against the ill considered REAL ID Act of 2005, please read South Carolina governor Mark Sanford’s letter to Department of Homeland Security Secretary Michael Chertoff. Gov. Sanford, a conservative Republican in a solidly red state, made some of the cogent arguments I have read so far by a politician on why the law is terribly impractical, unfair, and a disastrous violation of each American’s civil liberties.

Under the law, all state issued drivers’ licenses must include a set of standardized information, including digitized photographs and signatures. More controversially, it also mandates the verification of an applicant’s immigration status, background checks on documents used to prove identity, and the creation of a large inter-state database of license records. March 31st was the last day in which states could apply for a waiver to comply with REAL ID standards. After May 11th of this year, those from noncompliant states risk may be denied entry into federal buildings.

Besides South Carolina other states that chose to opt out of the waiver include Maine and New Hampshire. But Gov. Schweitzer of Montana was the most unequivocal. He made it explicitly clear that his state was not going to comply with the REAL ID Act. DHS responded by providing the Treasure state with an extension anyhow.

Go figure.

In his letter, Gov. Sanford cited a number of reasons why the REAL ID Act was illegitimate, including not being properly vetted by Congress. This is certainly true given how the Bush administration attached law to a military spending bill and then rammed it through a Republican controlled House and Senate in 2005. In fact, Sanford’s letter rightly points out that the REAL ID Act “received far less debate than the steroid use in baseball.”

A direct consequence passing the poorly conceived measure that created a de facto national ID card was an unrealistic expectation that states would shoulder the vast majority of the costs. The federal government tried to pass on 98 percent of the $23 billion needed to implement it to the states, according to the letter.

But with a contracting economy, a national housing crisis, a $12 billion per month wars in Iraq and Afghanistan, a $9.4 trillion national debt, it is not only unfair for cash strapped states to assume such financial burden in something they were no consulted on, but also impractical considering all the other competing priorities they have to contend with.

Pressuring hurricane prone states like South Carolina to comply with the measure by “taking money away from existing grants” needed to prepare for hurricane season in order to implement the REAL ID Act is a recipe for disaster, Sanford said. Any reasonable person could understand the governor’s concern given DHS performance during Hurricane Katrina.

One of the more stirring passages of the letter coupled a compelling states rights argument with a strong rebuke against the law for inhibiting the free exercise of the civil liberties of the individual. “REAL ID upsets the balance of power between the federal government and the states by coercing the states into creating a national ID system for federal purposes.”

As many immigrant rights and civil liberties advocates have already done, Sanford also criticized DHS for expanding the scope of its power by declaring it could use the data it collects for any “official purpose,” it deems fit, as it did in its final comments on the rule.

This point against the infringement of individual civil liberties was most emphatically made when Sanford said, “The First Amendment guarantees Americans the right to assemble and petition their government, and in it there has never been a qualification that said, “Only if you have a REAL ID card.” On this, I think it would be best to let the Founding Fathers original work stand.”

Additionally, the law may even introduce more problems than it does solutions by requiring a centralized database. Again as Sanford points out, “Over the past three years, security breaches, misplaced or stolen equipment, or simple carelessness at the federal government level have exposed the personal information of as many as 40 million Americans to falling into the wrong hands.”

Recent passport security breaches of even sitting members of Congress currently running for president by government contract workers also provide no solace to an already skeptical public.

DHS blinked again by providing South Carolina with another extension.

Update:  DHS gave Maine an extension until 2010 in exchange for more secure drivers licenses. This means residents from the state of Maine are now free to continuing using their drivers ID to board airplanes and enter federal buildings.