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Law and Society
Transcript of Law and Society
Gui Shi, Parnia Zahedi, Kathu Gatobu, Chris Schneider Polling Questions Have you ever been the victim of racial profiling?
A. Yes, I have
B. Not personally, but a friend or relative has
C. No, but I have been the victim of other forms of discrimination
D. No, but a family member or friend has been the victim of discrimination
E. I have no connection to discrimination Before Korematsu v. United States After -Requirement of state law enforcement officials to ascertain the immigration status of those stopped or arrested if the individual is "suspected" of being in the country illegally. A Single Line That
Authorizes Racial Profiling: Implications of this Law: Arizona's Law
SB 1070 The Dream Act -Governor Jan Brewer of Arizona signed the SB1070 Law on April 2010. It is considered the nation's strictest anti-immigration law ever. -The aim of this law is to more effectively identify who is an undocumented immigrant in order to prosecute and deport them. Legislative Content of SB 1070 "A law enforcement official or agency of this state or a country, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona constitution" What is the meaning of this condition "except to the extent permitted by the United States or Arizona Constitution"? Legal precedents in the history of both the Arizona and the United States Supreme Court have upheld the right of law enforcement to use race as a key factor in the judgement of one's suspected criminality. Arizona v. Graciano (1982)
The Supreme Court of Arizona stated that "enforcement of immigration laws often involve relevant considerations of ethnic factors"
United States v. Birgnoni-Ponce (1975)
United States Supreme Court stated that the "likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor" -Supports and authorizes the use of sweeping generalizations and stereotypes to indiscriminately target those of Hispanic origin. -Leaves upstanding and law-abiding Hispanics in a position of vulnerability and unjustified persecution. -Leaves undocumented immigrants fearful of reporting violent crime, sacrificing the incarceration of predatory felons for the potential identification of the undocumented. Federal government required Arabs males to register with authorities.
(FBI) reported a 1,700 percent increase of hate crimes against Muslims Americans 2000-2001 Arabs and Muslims after 9/11 Chinese Exclusion Act of 1882 Racial Profiling at Angel Island Asian Exclusion Act of 1924 Asian Immigration to the United States Major Causes:
California Gold Rush of 1848-1855
Transcontinental Railroad Federal law signed by Chester A. Arthur on May 8, 1882
The Chinese Exclusion Act was one of the most significant restrictions on free immigration in U.S. history.
The Act excluded Chinese "skilled and unskilled laborers and Chinese employed in mining" from entering the country for ten years under penalty of imprisonment and deportation.
Many Chinese were relentlessly beaten just because of their race.
The Act made Chinese immigrants permanent aliens by excluding them from U.S. citizenship
The Supreme Court determined that refusing entry at a port does not require due process and is legally equivalent to refusing entry at a land crossing
First exclusion based on class and race There are tens of thousands of poems on these walls
They are all cries of suffering and sadness
The day I am rid of this prison and become successful
I must remember that this chapter once existed
I must be frugal in my daily needs
Needless extravagance usually leads to ruin
All my compatriots should remember China
Once you have made some small gains,
you should return
Written by one from Heungshan Immigration Act of 1924 seen as the culmination of these previous acts, and was much more restrictive than any other legislation had been.
Limited the number of immigrants who could be admitted from any country to 2% of the number of people from that country who were already living in the United States Discrimination and
(Pre-Civil War) Racial Profiling Definition: "Any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity." -Department of Justice Racial Discrimination JIM CROW LAWS - state and local laws approving racial segregation predominantly in the South
- reaction to the abolition of slavery post Civil War Executive Order No. 9066
Issued on February 19, 1942
Authorized the Secretary of War and U.S. military commanders to prescribe certain areas as military zones
from which anyone could be excluded Act of March 21, 1942 Civilian Exclusion Order No. 34
Passed on May 8, 1942 Fred Korematsu
American citizen of Japanese descent
Convicted in a federal district court for remaining in San Leandro, California In the Following Years
Were the orders issued outside of the President and Congress’s constitutional authority?
Did the exclusion order violate the equal protection clause of the Fourteenth Amendment?
The clause requires each state to provide equal protection under the law to all people within its jurisdiction 3 judges vigorously dissented from the majority opinion as they believed that the government cannot simply declare all members of a racial group guilty and imprison them
Judge Robert Jackson wrote “guilt is personal and not inheritable” and condemned the imprisonment of a citizen “without evidence or inquiry concerning his loyalty” In a 6-3 ruling, the Supreme court upheld the conviction and found Fred Korematsu guilty
The exclusion order was not beyond the power of the Congress because of the uncertainty about disloyal members among those of Japanese ancestry
-Korematsu wasn’t excluded because of hostility to him or his race-he was excluded because it was an appropriate security measure during a war
-The power to protect needs to be heightened in order to deal with the threatened danger of war Issue Decision Dissent Amongst the Judges 1976- President Ford proclaimed that the evacuation was “wrong”
1983- Case was revisited and Federal District Court of San Francisco overturned Korematsu's conviction
1988-Federal law provided payments and apologies to Japanese-Americans relocated in WWII
1998-President Clinton rewarded Fred Korematsu with the Medal of Honor, the nation's highest civilian award After the bombing of Pearl Harbor on December 7, 1941, the American military became concerned about Japanese-Americans in the U.S.
At the time, 112,000 people of Japanese descent lived on the West Coast
Roughly 70,000 were American citizens The American Dream Qualifications of the DREAM Act Conclusion Path Through
Congress Pros Cons 3 million+ students graduate from high school in the U.S. every year
Most go on to fulfill their dreams
65,000 are repressed with the title “illegal immigrant”
Have grown up in U.S. as children of aliens, simply desiring to have another title– an American. Entered the United States at the age of 15 or younger
Able to prove 5 years of presence in the United States prior to the bills passage
Obtain a G.E.D. or high school diploma
Under the age of 30 (some bills the age cap has been 35). First introduced in 2001 as bipartisan act by Senators Richard Durbin (D-IL) and Orrin Hatch (R-UT) and Representatives Howard Berman (D-CA) and Chris Cannon (R-UT)
Co-sponsors have changed over time, but continues to receive bi-partisan support
Has come up as vote several times in past years, once receiving 48 co-sponsors in Senate and 152 in House, but still failed
Most recent vote in December 2010: passed by house 216-198, but fell five votes short of cloture in Senate, 55-41 Give beneficiaries access to higher educational opportunities and jobs, which would bring more taxable income to the economy and save taxpayers money
Reduce deficits by $1.4 billion between 2011-2020
Increase government revenues by $2.3 billion in next 10 years
Makes U.S. more competitive in global economy– immigrants can live up to potential and contribute, keeping talent in U.S.
Allows immigrants to invest in U.S. economy
Reduce dropout rate of undocumented students, giving them initiative to graduate and join the workforce
Help universities by increasing revenue from those who normally wouldn’t pay tuition
Aid military recruiting Violations of military area rules would make one subject to a fine and/or imprisonment of up to one year Issued on March 21, 1942 Stated that all people of Japanese ancestry must:
(1) depart from the area,
(2) report to and temporarily remain in an assembly center, or
(3) go under military control to a relocation center, there to remain for an indeterminate period until released conditionally or unconditionally by the military authorities. Karwan T.S.A "Behavior Detection Program?" FACE THE TRUTH Intensive questioning at
the border What is your religious identity?
What mosques do you attend?
How often do you pray?
Religious charitable giving?
Views on U.S. military engagement
in Iraq and Afghanistan? ? Logan International Airport Anyone that looks suspicious pulled aside.
suspicious clothing; black with jewelery, hijab America: The Melting Pot? "Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”-United Nations Examples: Irish Catholics and Anti-Miscegenation Laws Example: The Free Negro Registry Pros and Cons of Immigration Korematsu v. US Encourages and rewards illegal immigration
Imports poverty and cheap labor
Underlying purpose of military recruitment
Economic/social burdens: subsidies from state and federal taxes, degradation of public school system and neighborhoods
Will result in massive fraud (1986 amnesty)
Individuals who formed identities overseas (but arrived in US before age 16) can be admitted up to age 35
Helps more than just children– once child of illegal immigrant becomes citizen, can petition for rest of family
Encourages additional undocumented immigration Presentation Outline
1. Racial Discrimination v. Racial Profiling
2. Pre-Civil War Racial Profiling
3. Post-Civil War Racial Profiling
4. Korematsu v. U.S. Case
5. Post-9/11 Airport Racial Profiling
6. Arizona Laws
7. The Dream Act
8. Discussion "Racial profiling is Jim Crow applied as a law enforcement policy. It promotes the internal segregation of suspects within the minds of police officers" - the sentiments of the era regarding racial segregation and discrimination helped set the stage for the ruling we see in Korematsu Plessy v. Ferguson 1896 - upheld the segregation of the Jim Crow era as constitutional
- "separate but equal" Racial Profiling in the Jim Crow Era racial profiling + immigration = Korematsu Do you think tougher immigration reforms will lead to racial profiling?
a) strongly agree
b) somewhat agree
d) strongly disagree Discussion Questions DREAM: Development, Relief, and Education for Alien Minors Bill provides conditional permanent residency to undocumented residents of good moral character
Must have graduated from U.S. high school, arrived in U.S. as minor, and lived in country continuously for at least 5 years before bill was enacted
Obtain temporary residence for 6 years if complete 2 years in military or at 4-year institution of higher learning
In this 6 year period, can qualify for permanent residency if meet one of these criteria:
Receive degree from higher education institution in U.S.
Completed at least 2 years in bachelor’s degree/higher degree program in U.S.
Served in armed services for at least 2 years Do you think immigrants take jobs and educational opportunities from Americans already in the country?
Do immigrants have a positive impact on the US economy? On US culture?
Is racial profiling an acceptable practice for law enforcement officials and specifically, for immigration officials?
Who is an American? Arguments for immigration US is a nation of immigrants- it is part of what makes us different and what makes us strong
Immigration policy should reflect the US ideals of humanitarian concern
Hard-working immigrants start businesses, create jobs, and foster economic growth
Immigrants enrich our culture with diverse arts, traditions, and languages Arguments against immigration Border security- Prevent criminals and terrorists from entering the country
Immigration threatens US unity and cohesiveness- common ideals, language, political institutions
Economic detriments- we should educate and employ people already here before paying for newcomers
Immigrants steal jobs from people who are already here Reagan airport