A U.S. Constitutional Crisis Is Being Created
By Hilbert Morales
El Observador    

Too many of us are bystanders who are watching what is going on in Arizona after its enactment of SB 1070 and the subsequent stay of implementation by a federal judge. There are many who have partial information and as a consequence have not yet recognized the danger and threat that is already upon us.
Our attention is being diverted by all that press and media turmoil concerning “gay marriage”. Several cities have adopted ordinances which prohibit the rental of residences to the undocumented. Under the past Bush administration, Homeland Security Department escalated the raids by ICE on certain industries (packing houses, especially)  which employ high numbers of the undocumented. Employers are threatened with large fines for knowingly providing employment for the undocumented.
Go back a bit to recall those who consistently state that President Obama has no right to be our Commander-in-Chief as well as our elected Chief Executive Officer, specifically the individual who has been elected to be our President. His proof of birth in Hawaii has consistently been contested and undermined. Throughout the nation there have been verbal attacks by members of the Republican Party, especially their radical elements who often come across as being very stubborn ignorant racists. Although that is what is perceived publicly, if one takes all these events together as was done for the first time that this publisher has heard, a case is being assembled which undermines the U.S. Constitution, especially its 14th Amendment, which proclaims and establishes that anyone born in America has the birthright of being an American citizen. Little by little, these events will add up to a very serious challenge to the current American Constitution, especially its 14th Amendment.
Last week, the Mexican American Legal Defense and Education Fund (MALDEF) sponsored a mass at St. Joseph’s Cathedral, San Jose. MALDEF’s President and General Counsel presented a brief commentary on Arizona’s SB 1070 legislation which was crafted to permit the use of profiling to provide local law enforcement agents to challenge anyone that that agent suspected of being an undocumented resident who is here in America ‘illegally.’ It was at the fund raising reception held after the Catholic mass at the legal offices of Roge Fenton Jones & Appel, Inc., that a crystal clear presentation was made by Miguel Marquez, the first Latino to hold the office of County Counsel, County of Santa Clara. This reception was sponsored by the Interfaith Council on Economies and Justice, South Bay Labor Council, La Raza Lawyers Association, La Raza Roundtable, and the Hispanic Chamber of Commerce.
There is no secret that Latinos, especially Mexicans and other immigrants across the nation are now facing escalating threats to strip them of their civil rights and personal security. No place highlights this more than the SB 1070 legislation, signed by Arizona’s Governor Jan Brewer. SB 1070 is designed to be a discriminatory law as well as an anti-immigrant law. These actions, taken collectively, call for a change in attitude and awareness because the rights of any human resident of America are being challenged. If allowed to succeed, America will no longer be the champion of personal freedom and democracy. MALDEF is amongst the leaders in this collective effort to block this Arizona SB 1070 law in federal courts. Citizenship, immigration issues, and the national border security (or lack thereof) is a Federal government responsibility and jurisdiction. This must not be eroded by all those local jurisdictions and states who are adopting legislation which addresses citizenship and immigrant issues. MALDEF is challenging SB 1070’s discriminatory impact on Latinos as well as the ways it will violate the constitutional rights of both citizens and non-citizens.
It was in light of these relationships that Miguel Marques, Esq. persuaded authorities of the County of Santa Clara to file an ‘Amicus Brief”. Fifteen jurisdictions across the nation joined in support of MALDEF. These included the Cities of San Jose, Los Angeles, Palo Alto, Berkeley, San Francisco, El Paso, Portland, Seattle, New Haven, Minneapolis and St. Paul.
These sorts of attacks on the Latino community are on the rise across the nation. MALDEF is the organization to be counted on by Latinos to step forward to counter these attacks upon our civil and human rights. MALDEF needs your support now more than ever in order to sustain and continue this critically important work which impacts all residents of America. Your donations are tax deductible. To learn how to contribute phone 213-629-2512, ext. 114 or email cgutierrez@MALDEF.org. ∆