Published: April 29, 2010
Updated: April 30, 2010 9:44 a.m.

Local march to protest immigration law

By ELLYN PAK and JAIMEE LYNN FLETCHER
THE ORANGE COUNTY REGISTER

SANTA ANA – Thousands of residents will take their displeasure with Arizona's new law cracking down on illegal immigrants to the streets of Santa Ana this weekend as other major U.S. cities are expecting a swell of protestors during the May Day immigrant rallies.

Activists, along with counter-protestors, are expected to show in rallies taking place in downtown streets from Los Angeles to San Jose to Arizona, where much of the fury around the new law is concentrated. Critics are planning to march against what they say will have local Latinos living in fear and promote racial profiling.

Arizona’s new immigration law would give state law enforcement officers the authority to arrest, without a warrant, people they suspect have committed an offense that can get them kicked out of the U.S. It would bar any official, agency, county, city or town in Arizona from adopting a policy that restricts the enforcement of federal immigration laws to less than the full extent permitted. The law could go into effect in late July or early August.

The League of United Latin American Citizens will march at Santa Ana's Plaza of the Flags to oppose Arizona's law, which would give state law enforcement officers the authority to verify the legal status of those they suspect are illegal immigrants. Under the law, immigrants who cannot produce documents verifying their immigration status could be arrested, put in jail for up to six months, fined or deported.

Arizona officials say the law is a result of anger over the federal government's failure to secure a porous border and a steep increase in crimes that reached a pinnacle when an Arizona rancher was killed recently, allegedly by an illegal immigrant. The action has received applause from anti-illegal immigration proponents who argue that it's about time a state takes direct action on the issue.

Arizona Gov. Jan Brewer's signing of the immigration bill last Friday has sparked protests, boycotts and debate throughout the country and already prompted litigation against the state.

The debate is no less ferocious in Orange County, where many of its cities have worked in past years to move day laborers off their streets and to impose more stringent policies against illegal immigrants. Local activists have also fought back with lawsuits and threats of litigation alleging violation of basic civil rights.

Benny Diaz, president of the Orange County LULAC Foundation, said last year's May Day march drew 35,000 people and he expects more to attend this year to oppose the new law.

"We understand we have to make sure our borders are under control ... but that doesn't mean that we have to be constantly used as a scapegoat for everything that goes wrong," Diaz said. "We are against illegal immigration but that doesn't mean you have to harass the whole community."

Minuteman Project founder Jim Gilchrist said the legislation is not "based on race, color, religion. It's based on the blindness of rule of law."

"I am excited about the law," he said. "It's about time ... What's more substantial here is state sovereignty, governance by the people of Arizona. And that is more important than the legislation itself."

Diaz countered, saying the legislation violates civil rights and although Arizona's law doesn't directly impact Orange County, it hits home for many in the Latino community.

"We have many people whose roots are in Arizona – Flagstaff and Phoenix – their families are there," he said. "And there are many people who travel to Arizona for business. So now they have to be scared every time they go there? So, we are affected."

Diaz said he fears Arizona's law will result in racial profiling for legal residents and he called the law unconstitutional. He said LULAC will be calling for immigration reform that includes working with illegal immigrants to make them legal residents.

"We understand they broke the law ... but we are a nation that embraces immigration." Diaz said. "We understand that they have to pay penalties and fines for breaking the law but it has to be logical."

A group on Wednesday launched a referendum drive in hopes to postpone the legislation until 2012, according to the Associated Press. Opponents to the immigration law would need 76,000 signatures to delay the legislation and put it to a vote. They have until early August to file the signatures.

U.S. Attorney General Eric Holder said the federal government may also challenge the legislation, which the President Barack Obama called "misguided," the AP reported.

Louis DeSipio, professor of political science and Chicano/Latino studies at UC Irvine, said he believes the law is more a stern message to Obama to call for immigration reform than logically enforceable legislation.

"It creates a significant burden on the police and it creates the risk of racial profiling," he said. "The Arizona law is unclear on how they would identify immigrants."

Although some cities, such as Costa Mesa, have cracked down on illegal immigration by partnering with federal agencies to deport illegal immigrants who have committed a crime, DeSipio said he doesn't believe it will ever reach the extent Arizona is trying to enforce.

The Orange County Sheriff's Department in 2007 partnered with the U.S. Immigration and Customs Enforcement to turn over arrestees suspected of being in the country illegally, said spokesman Ryan Burris.

From Jan. 1 to April 28, the sheriff's department has detained 536 suspected undocumented foreign nationals and turned their cases over to ICE. Burris added they are first prosecuted in criminal court before they undergo immigration court proceedings, where a decision is made whether or not they can legally stay in the country.

Costa Mesa was thrust in the forefront of the illegal immigration debate in 2005 when its mayor, Allan Mansoor, pushed for the city's police officers to enforce federal immigration laws. Ultimately, an ICE agent was placed at the city jail to check immigration statuses.

"Supporters of illegal immigration or opponents of upholding our laws try to find every where they can to keep any type of enforcement or upholding our laws from going forward," Mansoor said. "They use name calling, they call people racist, they say, 'Oh, it's a federal issue,' or 'You shouldn't be doing this.'"

"We need to stop being afraid and say it's a real issue," Mansoor added. "We need to address it and we can't ignore it."

Mansoor is pushing for Costa Mesa to look at more stringent policies, including requiring Costa Mesa businesses to verify workers' immigration statuses to allowing police officers to check legal status and valid identification of unlicensed drivers.

"In Costa Mesa there has to be a certain minimum standard for a crime to have been committed for a policeman to ask about documents," DeSipio said. "It's a slippery slope but it's counter-balanced by the fact that...police have a lot to do and they don't want to spend a lot of time just to hassle someone."

DeSipio said the law would not be politically possible in California because of the state's strong Democrat presence but added that the fear some Orange County Latinos are feeling is very real.

"For most recent immigrants there isn't a big distinction between state, local and federal law," DeSipio said. "To some degree, I think there's some legitimate fear on the streets right now that this law directly affects them. The Mexican government is taking great umbrage of all of this and is warning its resident that they should avoid Arizona. That's a big warning to send to people."

Gilchrist said he would like to see such enforcement, if not stronger, in California, but said law enforcement alone would not be the solution.

"You need deprivation of benefit programs that were earmarked for U.S. citizens," Gilchrist said. "You need to take the economic magnet away."

City of Orange officials have worked in past years to address chronic issues surrounding day laborers, mainly illegal immigrants, loitering on city streets. A stringent city ordinance banning the day laborers from congregating in public spaces has been viewed as a model for other cities looking to address similar issues.

"I applaud the governor's initaitive to try to do something," said Orange Councilman Jon Dumitru. "While I'm not sure if it'll stand the test of time ... I'm hoping what this will do is it starts another layer of debate. It gives the state and local government the tools to deal with this."

Some say the new law is a part of a political ploy that will backfire due to a growing backlash.

"I wasn't surprised because Arizona has a history of being racist," said Naui Huitzilopochtli, a day laborer rights activist and member of Colectivo Tonantzin who is planning to participate in protests in Arizona this weekend. "I was upset but I see that it could backfire because of the boycotts."

http://www.ocregister.com/news/law-2465 ... izona.html