Monday, June 28, 2010

The Myth and the Media


There is a pervasive force in the United States. This force addresses hot issues of the day, informing and arming the public. It is the media. On every television and billboard and in every magazine and newspaper the media is lurking and aiming to persuade all who will let it. Though few outlets present in a totally unbiased, factual fashion, most put their slant on the news and dish it to their audiences. Look at the handling of the recently passed Arizona Senate Bill 1070. Some portray the law to be racially biased, while other sources argue SB 1070 is nothing of the sort. Is Arizona SB 1070 a racist piece of legislation?

In an article in the Huffington Post, Bennet Kelley claims SB 1070 is racist legislation because “[Arizona is] the only border state that still has a white majority [and] adopted a new law requiring law enforcement to question people on their immigration status if they had a reasonable suspicion that the person may be an undocumented alien.” This statement clearly shows the author’s bias which is passed on to the general public through water cooler talk, television news and hearsay (gossip). This statement provides no proof of racism in the bill or in the law enforcement; in fact, this is a statement that could be made on either side of this argument. This is a typical response for those who oppose the law. Kelley twists the factual component of his statement by adding in his own race-based comments, “the white majority in Arizona,” in such a manner to make his readers believe that Arizona is predominantly full of Caucasian racists. Kelley attempts to prove Arizona SB 1070 to be a racist law but factually shows no support for this claim in his article. Without any critical analysis of claims such as this one made by Kelley, it is understandable why one could believe that the law in question is racially biased.

Heather Mac Donald, on the other hand, writes in City Journal, “[The law] empowers local police officers to check the immigration status of individuals whom they have encountered during a “lawful contact,” if an officer reasonably suspects the person stopped of being in the country illegally, and if an inquiry into the person’s status is “practicable.” The officer may not base his suspicion of illegality “solely [on] race, color or national origin.”…The law also requires aliens to carry their immigration documents, mirroring an identical federal requirement.” Though Mac Donald seemingly supports Arizona SB 1070, she shows very little bias since she uses the law itself as a foundation for her argument. As did Kelley, Mac Donald provides no proof of racism in the bill or in the enforcement of the law. There are no twists here: the author of this article refers only to the federal and state immigration laws and quotes Arizona SB 1070 multiple times. Mac Donald attempts to persuade readers, but does so without a spin and without poking fun at those that disagree with her. Mac Donald claims Arizona SB 1070 has no racial biases and factually supports that claim.

Without looking any further or gathering facts, I can understand why someone would read Kelley’s article and too claim SB 1070 to be a racist piece of legislation. With so many opinion- based claims being made, there is a true fear in the streets of Arizona that the officers enforcing SB 1070 will present a racial bias towards Americans with darker skin. The media has succeeded; they have created a genuine moral panic. However, all things considered, I believe the officers and administrators of Arizona do not wish for any injustices towards any legal citizen of America. Arizonians hold the Constitution near to their hearts, welcome legal immigration and are not racist. This law enforces something that has been illegal here in America for decades. In the words of the author of SB 1070, Russell Pearce, “Illegal is not a race- it is a crime.”

Multiple sources in the media claim SB 1070 is a racist law. Next time you listen to the media, dissect what is being said to discover the truth to the message they are presenting, listen to what they are really saying. Think for yourself. Draw your own conclusions. Is your source really projecting the truth? Are you being presented with the entire story? Every single day that has passed since Governor Jan Brewer signed Arizona SB 1070 into law there have been cries that the law is racist. However, I have yet to hear a factual explanation as to why this law is racist. The law contains no inherent racism, as Mac Donald pointed out. Arizona has no intentions to be racist or even to stop legal immigration; Arizona SB 1070 is a simple law in place to enforce a federal illegal immigration law. If the federal and state bills contain no racism, then where does this debate even stem from? Did the media create this myth?


References:

Bennet Kelley. Retrieved on June 23, 2010 from http://www.huffingtonpost.com/bennet-kelley/a-whiter-shade-of-pale-ar_b_616032.html.

Heather Mac Donald. Retrieved on June 23, 2010 from http://www.city-journal.org/2010/eon0430hm.html.

Photograph. http://animalblawg.files.wordpress.com/2010/02/scales-justice1.jpg.

Tuesday, June 15, 2010

The Real SB 1070


On April 23, 2010 Arizona Governor Jan Brewer signed Senate Bill 1070, a law that states “...the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” This law arose out of many years of state frustration that the federal government would not uphold its’ responsibility to protect the United States’ borders.

Title 8 of the United States Code outlines the federal law regarding illegal aliens. “The Secretary of Homeland Security shall be charged with the administration and enforcement… the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens…” (Subchapter I). This law was enacted to aide in securing the borders and to protect the citizens of the United States.

To enforce the federal law, AZ SB 1070 was purposefully constructed to mirror the federal law. The Arizona border is not just a state border- it is also a United States border. According to South Carolina Senator Lindsey Graham, the federal government should be enforcing border protection. However, the Obama administration has cut the number of border patrol agents and taken a lackadaisical attitude on border security. President Barak Obama says his administration is examining the Arizona law and border security is, inherently, a federal issue.

The author of the bill is a native Arizonian, Russell Pearce. Pearce wrote the bill in accordance with the United States Constitution as well as the US Code. As long as the federal law is not abridged, Arizona can enforce its own law, according to the Supremacy Clause of the US Constitution. On July 29, 2010 the law will be enacted. Although the bill is controversial, this is the proper definition of AZ SB 1070.

References:

Flag photograph. Retrieved on June 15, 2010 from flickr from Yahoo.

“Obama’s Immigration Endgame” Video. Retrieved on June 15, 2010 from http://www.foxnews.com/search-results/search?q=lindsey+graham.

On the Record with Greta Van Susteren, interview with Lindsey Graham. Retrieved on June 15, 2010 from http://www.foxnews.com/search-results/search?q=lindsey+graham.

State of Arizona Senate Bill 1070 (Arizona legislature).

United States Code. Cornell University Law School. Retrieved on June 15, 2010 from http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001103----000-.html.