By Kevin “Coach” Collins
When Eric Holder’s Department of Justice (DoJ) sued the State of Arizona to stop it from enforcing SB 1070 which was aimed at reducing the presence of illegal aliens within Arizona’s borders one of the arguments the DoJ did not offer was a concern that racial profiling would be used to harass people for looking Hispanic. Aside from the fact that racial profiling is specifically forbidden in the text of SB 1070 the DoJ did not use that line of argument because it would have been arguing against itself!
In 1975 the Supreme Court ruled in U.S. v. Bribnoni-Ponce that federal investigators could use “Mexican appearance” as a contributing factor to their decision to stop and question a person regarding that person’s citizenship status. A sharp contradiction Federal agency denials notwithstanding, the Department of Homeland Security, and Immigration and Customs Enforcement, not only use “racial profiling” in their everyday duties but Holder’s DoJ has defended their use of the practice on a number of occasions.
In part the Brignoni-Ponce decision says, “The likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor, but standing alone it does not justify stopping all Mexican-Americans to ask if they are aliens.” As recently as last year, the DoJ defended Court sanctioned racial profiling three times.
In a November 2009 case Holder’s lawyers argued the value of “Mexican appearance” as a factor in immigration stops and used the phrase “Hispanic ethnicity” to describe a detainee’s countenance.
“…apparent Mexican ancestry of the occupants of the vehicle,” was offered in support of an immigration stop in a case heard in December 2009. This very same argument was used in a July 2009 case as well.
Neither the ACLU nor the Mexican American Legal and Education Defense Fund would comment on this glaring contradiction to Holder and Barack Obama’s position on Arizona’s SB 1070.
The Court’s findings in U.S. v. Bribnoni-Ponce will not and can not be abrogated by Eric Holder so we can expect to see it cited frequently as state after state battles Barack Obama to save our nation by kicking out illegal aliens.
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Knowledge is power. Learn the truth so you can teach our children the truth. To read more about this story, go to these coachisright.com sources:
http://www.cnsnews.com/news/article/71403
http://en.wikipedia.org/wiki/United_States_v._Brignoni-Ponce
http://www.ca5.uscourts.gov/opinions/unpub/08/08-51128.0.wpd.pdf
This day in history August 25
1765: In protest over the stamp tax, American colonists sacked and burned the home of Massachusetts governor Thomas Hutchinson who later fled to England.
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Related posts:
- Mexico to soon get a taste of its “Montezuma’s revenge” as illegal aliens flood back across the border
- The Justice Dept. doesn’t trust Blacks are smart enough to vote Democrat in non partisan elections
- Saying “Damn your Constitution!”CAIR is trying to stop Brigitte Gabriel’s TEA Party rally appearance
- LA Times helping LULAC lie about Latinos support for stronger border controls
- Illegal aliens no threat? DoJ has arrested 2,200 Mexican drug dealers in less than two years
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Coach! You are right ! Additionally, it is my opinion that the "rights"delegated to the Federal Government ( by the pact between the founding States which formed that Federal entity) ,originally belonged to those of the States! For instance, each State had the ability to protect its own borders; and engage in commerce both foreign and interstate . They endowed the Fed. Gov. with the ability to protect our exterior borders ( east,west, north and south). The Fed was never designed to usurp the free commerce of the States. States could not grant to the Federal Government "rights" which they themselves did not already possess! That the Federal government has engaged in a never ending war to dilute the authority of the States by insinuating itself into arenas formerly the exclusive provinces of its' founding States (and of those States later to join the union), is fact. That the States have failed to enforce their primacy over the beast which now thinks of itself as a "National Government" is abysmally apparent. That the States lacked vigilance, and control over the Federal monster they created is painfully evident with the Federal over-reaching not only into areas of State sovereignty, but also in by-passing the States' authority to protect individual citizens' rights. When the founding States created the Fed. Gov., these States went on to become the guarantors, the protectors, of Americans' civil liberties. There was no implied or stated compact between this new Federal entity and the citizens of the country in the document which created the Fed. All those rights were retained by the States. These States have only just now finally figured out that they have a Constitutional mandate to not only protect and assure their own sovereignty; but to also fulfill their Constitutional role as protectors of the peoples. Regarding Arizona's SB 1070; it would behoove the Federal Government to tread extremely lightly with the States; as those States can and will ( hopefully ), exercise their rights to restrain a run-amok Federal entity. It is time for the States to begin refusing Federal dollars, grants etc. which are only constant reminders of the excessive control exhibited by Washington. Cut the financial strings by which Congress binds the States to its' will.