[UPDATES BELOW] "SB 1070 on steriods" -- That's what Arizona Republic reporter E.J. Montini called SB 1611 in his column today:
Officially, it is SB1611, an attempt by de facto governor and state Sen. Russell Pearce to transform every government bureaucrat, educator and peace officer (medical personnel are covered in other proposals) into immigration officers. I suppose you could throw the rest of us in there, too. Everyone would be an immigration officer. A mom home schooling her kids will have to ask them about their immigration status. (Seriously) There are ways to confiscate cars. Ways to kick whole families out of their houses. Ways even to police the police.
It's a plan that would transform Arizona in such a way that genuinely might require us to change our 'Grand Canyon State' motto into something more accurate, something more directly out of "1984." This is what we were talking about last year when some of us in Arizona told people in the national press that SB1070 wasn't the end, it was the beginning.
As I diaried last night SB 1611 joins a cornucopia of nativist bills that the Arizona Senate Appropriations Committee is considering today. Some of these laws, such as the challenge to the birthright clause of the 14th Amendment, were introduced in previous sessions when dog-whistlin' Russell Pearce was not President of the Senate, and when the lunatic fringe of the Republican party did not outnumber Dems 2:1. I have little hope as today's session gets underway.
At 2:30 PM Arizona time, we have an overflow crowd in three hearing chambers, with many people hoping to testify, so let the games begin!
There's a lot of legislation on today's agenda, more than 20 bills. Some of it is procedural but much of it is downright wacky, such as SB 1610, which declares the colt handgun to be the state's official firearm. Whoo-hoo! I imagine a colt license plate is right around the corner, joining our new "In God We Trust" and "Don't Tread on Me" plates.
However, so this diary doesn't turn into a 600-page Dostoevsky novel (or maybe I should say Kafka), I'm going to spotlight the most egregious bills. I'll publish this diary after SB 1308 and 1309 have been voted on (14th Amendment challenges), then I'll update this when SB 1405 (citizenship & hospital admittance) and SB 1611 (omnibus immigration) are decided. It could be a late night.
SB 1308 and SB 1309
Taken together SB 1308 and SB 1309 are a direct challenge to the birthright clause of the 14th Amendment, which reads:
Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ...
Introduced by wingnut Senator Ron Gould from Lake Havasu City, SB 1308-1309 say citizenship will only be granted to persons born in Arizona if at least one parent is already a U.S. citizen. Gould's argument, which was seconded by other anti-immigrant voices who testified on behalf of the bills, is that the 14th Amendment only applies to the children of slaves, a point other committee members and constitutional lawyers disputed. There is "no gray area" in the application of the law, Senator Sinema maintained, only the interpretation. Senator Gould and others also dragged out the argument that the Federal government isn't doing its job with border security; therefore it's necessary for Arizona to step in, even though the Obama administration has sent more money and resources to the border than any previous President, while immigration and border crime are both down.
Happily, in addition to the ACLU and constitutional lawyers, Michelle Bolton of the Greater Phoenix Chamber of Commerce and Glen Hammer, President of the Arizona Chamber of Commerce, testified against the bills. It was interesting to watch the Republican members attack the two chamber of commerce representatives, people who usually carry their water. Hammer also read a letter signed by 19 local chambers, including Phoenix, Tucson, and Flagstaff.
"We're very concerned about the economic consequences of the passage of this legislation ... the tourism industry is very concerned ... this is a loser," Hammer said.
The best and longest legal debate took place between Democratic Senators Sinema and Schapira, and California ringer Dr. John Eastman, an anti-immigration lawyer you'll see on Fox News. At least that banter was intellectually stimulating, much more so than Senator Lori Klein's dimwit claim that 8 out of 10 patients treated in Arizona hospitals are illegal aliens.
Clearly, these two bills will be a test case for a handful of other states that are introducing similar legislation. Dr. Eastman, in fact, is working with a coalition of states to introduce similar legislation, among them South Carolina, Pennsylvania, Georgia, and Oklahoma (Texas, Tennessee, and Montana are not far behind). Senator Krysten Sinema noted today, however, that while other states have introduced similar bills, to date they have all rejected them at the committee level.
The vote:
Paula Aboud - N
Sylvia Allen - Y
Andy Biggs Y
Olivia Cajero Bedford - N
Rich Crandall - N
Ron Gould - Y
Lori Klein - Y
Al Melvin - Y
Rick Murphy - Y
David Schapira - N
Don Shooter - Y
Kyrsten Sinema - N
Steve Smith Y
7:10 PM: There you have it, folks: 8 ayes, 5 nays. Now we're onto the full Senate, where it's unlikely this bigoted juggernaut will be slowed down.
Senator Pearce, Governor Brewer, and the other bills' proponents recognize that SB 1308-1309 will be challenged by the Feds in court, but Brewer has already said she is willing to spend millions to see the various immigration battles through to the Supreme Court, even as the state's deficit grows exponentially: "This fight will not be easy, and it will not be cheap," Brewer said.
You know, she's focused like a laser on the economy and jobs -- a point Democratic Senators Aboud and Crandall pointed out at length today: "The Republican legislature and these bills are turning away business ... they are hurting our image."
SB 1611
Next we have SB 1611, the bill E.J. Montini called "SB 1070 on steroids." It's referred to on the agenda as an "Immigration Omnibus" bill, which means it's a spiteful collection of every failed piece of racist legislation Senator Russell Pearce introduced in the past.
Among other things, it requires landlords to verify the citizenship status of tenants, it stipulates mandatory sentences for driving in Arizona without papers, and it turns most teachers, social workers, and hospital staff into immigration officers. Police officers can also lose their jobs if "someone" thinks they're not adequately enforcing Arizona's immigration laws. Pearce admitted this component was introduced because Pima County Sheriff Clarence Dupnik said he would not enforce SB 1070.
UPDATE #1: Those speaking or submitting statements against the bill included chambers of commerce, business organizations, teachers associations, hospital groups, doctors, food banks, police unions, and of course human rights groups. Even car rental agencies oppose it, because they too will have to request citizenship papers from renters. Got that?! None of this mattered.
Senator Russell Pearce, sponsor of the bill, was the main testifier for SB 1611, who began by letting us all know, "I don't hate anybody, never have." He admitted that the bill was drafted Friday afternoon and introduced Monday at 2PM. This is the first opportunity, then, that the committee members have had to debate this lengthy and far-reaching legislation, which cobbles together about 16 other pieces of racist bunk that Pearce had introduced in six previous sessions -- and failed.
The main debate was between Pearce and Senator Sinema, who went through the bill page-by-page and line-by-line, pointing out humane, financial, and constitutional problems with the bill. Others, like Senator Schapira, stressed the negative educational consequences, since undocumented parents will likely keep their kids out of school. That's all we need, more uneducated children. The bill's advocates, whose statements are too embarrassing to repeat verbatim, commented over and over about the "hoards" of illegals taking over Arizona, and "something needs to be done."
At 10:10 PM, SB 1611, probably the most sweeping piece of bigoted bunk that any state has considered, PASSED 7-6.
SB 1405
Next up: If you happen to be traveling in Arizona, and get into an accident or suffer an illness that requires hospital care, make sure you have your papers. SB 1405 mandates that hospital staff verify the citizenship status of patients before providing any service.
UPDATE #2: The sponsor of this bill, Senator Steve Smith, began his presentation by pointing out the Arizona hospitals are stuck with a $700-800 million bill for the care of illegal aliens, a figure for which he cited no reference, other than to mention a FAIR report (that’s the rightwing Federation for American Immigration Reform). Smith pointed out that the bill will not keep hospitals from denying care, if patients cannot produce citizenship papers. (This was a recent amendment from the original version, which said hospitals should deny care if patients cannot provide papers.) Smith said, instead, that doctors and nurses may still render care, but the hospital admission staff will be required to file a report with the immigration office.
One health care provider who testified against SB 1405 noted that, even if the bill mandates only reporting, “many people will be discouraged from seeking health care” for fear of being arrested. He pointed out that the U.S. rates 46th in the world for infant mortality, and Arizona is among the worst in the nation. Another health care provider, a midwife, echoed these views, arguing that this law will add to Arizona’s dismal record.
Finally, Steve Barkley from the Mayo Clinic said, “We are providers, we’re not in the business of immigration enforcement.” He pointed out numerous logistical and legal problems with the bill as well. Senator Aboud noted that the Sierra Vista Hospital in her district, which is on the border, says this unfunded burden will be an administrative nightmare, and that it’s a solution in search of a problem, since fewer than 50 of their 9,000 patients last year were undocumented. Other speakers, including a priest, cited long passages from the Bible about our duty to care for one another.
Most of the committee debate, which was between Senator Sinema and Senator Smith, concerned what would constitute acceptable forms of identification. Smith said he “would be willing to make accommodations for our Canadian brethren.” Sinema stressed the possible lawsuits that might ensue from people being placed on an ICE list incorrectly.
12:15 AM. Even though health care providers and hospitals spoke loudly against SB 1405, the bill PASSED 8-5.
Finally, by a 9-4 vote, the committee PASSED SB 1610, which declares the colt handgun the official weapon of Arizona. Makes you proud, eh?
Shame on you.