Wednesday, June 23, 2010

Mexico Files an Amicus Brief Urging Court to Find AZ Immigration Law Unconstitutional

Mexico has filed an amicus brief urging a federal court to invalidate SB1070, a controversial Arizona immigration law. The New York law firm Dewey & LeBoeuf filed the brief on behalf of Mexico. Mexico says that it seeks to protect the interest of its citizens who travel abroad and to prevent an erosion in US-Mexico relations. It its within the discretion of the judge whether or not to consider papers filed by nonparties.

This fairly routine development (filing an amicus brief) has become much more dramatic due to several misleading articles (like this one on Fox News), which state that Mexico has "joined" the litigation challenging the law or that Mexico has filed "a suit" against Arizona. These reports are misleading and untrue. An amicus brief is not a lawsuit. A party filing an amicus brief does not "join" the lawsuit.


Daniel said...

But you have to admit it was a boneheaded move on Mexico's part. Nothing rises the ire of the people than another country getting involved in their politics (not that the US isn't innocent. It just makes it worse for us since we are normally the ones interfering).

Darren Lenard Hutchinson said...

Daniel: It really doesn't bother me. I assume the Court will apply the law in this area -- with or without arguments from Mexico.

Hippi Chicki Niki said...

Not so much boneheaded or interfering on Mexico's part as it is just another opportunity for insular and racist people (like Fox News) to inflame other insular and racist people (like their viewers) who don't have a very good understanding of civil procedure and the little details of who is a party to a case and what an amicus curiae is.

I'm sure had Mexico not filed the a.c. brief Fox would have found some other fairly inane happening to use to inflame people that support the law. I even saw a woman on twitter within the last hour trying to connect the outrage in Oakland over the involuntary manslaughter verdict in the Oscar Grant case to SB1070. It's just human nature for us to see support for our views and opinions of things in any new information we encounter.

Sandy said...

Not surprising on Mexico's part since such a large percentage of their citizens are in the USA working illegally. Mexico's economy desperately needs the money sent back.

The federal government already owes AZ over 2 billion dollars for services we have rendered relating to illegal immigration issues. If you lived with the issues you could understand the situation much better. We live with the violence that is now crossing the border into AZ. My tax dollars are spent educating Mexico's children, our local police departments must deal with the increased crime. Our health care dollars and facilities are clogged with illegals seeking treatment. Hippi if you are so charitable please take the illegals and have your tax dollars support them. I am tired of doing so with mine. This former liberal applauds my now adopted state of AZ in taking this decision. In three days time we raised over a million dollars from generous US citizens to defend our SB 1070. Thank you to each person who donated.

Darren Lenard Hutchinson said...

Sandy: Can you explain how SB 1070 will end illegal immigration (or even rid AZ of illegal immigrants)?

Hippi Chicki Niki said...

I live in Colorado. We have a high Latino/a population as well. I am in no way meaning this to be disrespectful, but the myth about increased crime rate because of illegal immigrants crossing the border is just that, a myth. The thing about beheaded people being found in the desert, also not true. In fact, crime rates are DOwn in cities all along the southern border of the United States, including in Phoenix and even in El Paso, which is right across the border from Juarez (the city with the highest murder rate on earth).

Sadly, not everyone in politics or media has the motivation to provide accurate and objective information. Sometimes, people tells lies, start rumors and create myths for the purpose of inflaming passions for their own gain. Some politicians do it to create public support for their policies or opposition to their political opponents and some does it for financial gain. One of the two people that own a large majority of Fox News Channel (both foreign nationals, by the way) has admitted that his goal for his "news" outlets are to make money and to bring down the Obama Administration. Those are not the primary goals of any true news outlet. The primary goal of a news outlet is and should always be to inform the public with accurate information. Even more telling is the fact that their attorneys argued in a court case, dealing with an employee they fired for refusing to lie on the air, that they have the right to lie to and mislead their viewers because they are not required to follow the regulations of the FCC. They won the case on those grounds.

As for SB1070, it is not effective law and most people's objection to it is not that we object to effective immigration law, but that this law essentially tell law enforcement to ask people who appear to be illgal and undocumented about their status. What does an illegal immigrant look like? Not all illegal immigrants are from Mexico, you know. While the location of your state does lead to your state having a greater percentage of Latino/a illegal immigrants, that pretty much means that all the ones from say England or France or the guys like Richard Reid, the shoebomber will pretty much not be caught. And to make it more ridiculous, the 2 million LEGAL Latinos/as in your state are likely to endure unequal treatment and harassment. These 2 million dwarf the total number of illegal immigrants in Arizona (of all races & nationalities).

So, basically, this law will probably lead to asking many of the two million legal Latinos/as in the state about their status and for proof of the fact that they are citizens (something I can tell you would be stupid to carry around since you only get one copy) and missing many of the illegal immigrants that are not Latino/a. This is the objection that people have.

As if to underscore the point that I just made, recently, the federal government held a legal U.S. citizen in Immigration custody for days. It is probable that SB1070 will lead to many more situations like that.

Thought the myth of increased crime is falsehood meant to scare and inflame emotions and encourage xenophobia, the problem of health care costs that you mentioned is quite true. Will SB1070 do something to fix or decrease it? Not likely. SB1070 is just not a well-thought out law. It was written by people who have some very stereotypic views of what an illegal immigrant is and no real insight into the fact that 2 million of their constituents that are legal citizens look like their messed-up view of an illegal immigrant.

That is why so many people oppose it. Not because we don't care about immigration reform or the problem of undocumented people in our country, some of whom have much more dangerous intentions to national security than getting health care and education (some basic human rights, I might add).

Hippi Chicki Niki said...

excuse me for the multiple subject-verb agreement issues. That's what happens when you go back and change things with reading the edited sentence crefully before you post. : /

Hippi Chicki Niki said...

Governor Richardson talks a bit about SB1070:

Hippi Chicki Niki said...

A blog article on the issue of SB1070, violent crime, drug trafficking, job availability and more that might really interest you:

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