User-agent: * Allow: / Legal news, political opinion, Satire, and lawyer thinking by Tim Paynter, Attorney at Law: immigration reform

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Showing posts with label immigration reform. Show all posts
Showing posts with label immigration reform. Show all posts

Thursday, June 10, 2010

Anastacio Hernandez Rojas murdered, caught on video by medical student, Murder on the border, Captan en video asesinato de inmigrante mexicano

Video of murder of 

Anastacio Hernandez Rojas

Medical student catches death on cell phone 




 I recently wrote in my blog, immigrants2bfree about a Mexican national, Anastacio Hernandez Rojas, a/k/a/ Anastasio Henandez Rojas, who was murdered at the border as the authorities returned him to Mexico. 







Anastacio was attempting to re-enter the U.S. when he was apprehended by the border patrol. The U.S. fast tracked him for deportation since he had been recently deported days before.


Shortly before being returned to Mexico something went terribly wrong. There are two general versions. In the first, Anastacio made a run at the gate between the U.S. and Mexico. Authorities chased him down and went at him.


In the second version, Anastasio was seated on the ground in hand cuffs and was attacked and beaten by law enforcement.


Which ever version suits your fancy, one thing is for sure:   Anastacio was attacked by up to 20 law enforcement officers who beat the holy hell out of him. They tazered him and hit him in the head so hard he lost consciousness.


By the time Anastacio was delivered to the hospital he was pronounced brain dead. The death was rules a homicide by the medical examiner.


The video taken by the medical student is troubling, as not only does it depict a person being murdered, his perpetrators did so under sanction of a badge issued by the United States of America.  It reflects the worst side of law enforcement and is a disgrace to every border patrol agent who risks his life on a daily basis to get it right.


All of this could have been avioded with comprehensive immigration reform.  The US Mexico border is like a war zone because the American people can't find a simple solution to a problem they created years ago by having a loose border and through their unskilled labor needs. 


Call your senator and tell him we need comprehensive immigration reform today!  Then get on your knees, those of you who are with me on this point, let's get on our knees and pray for the lost soul, Anastacio Hernandez Rojas, a/k/a Anastasio Hernandez Rojas, his family including twin 4 year olds and the rest of the 13,000,000 undocumented people searching for a solution to this ugly problem.

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Tuesday, May 18, 2010

Conservatives lose opportunity for slam dunk on immigration, Shawn Hannity, Lou Dobbs and Bill O'Reily laugh

As Arizona passes stringent laws like Arizona HB 10710, requiring detention of undocumented workers and the proposed SB 1097, which requires reporting the children of undocumented workers, conservatives are losing a grand opportunity! Comprehensive immigration reform ( cir ) proposed to be placed in front of Congress is marginally beneficial to immigrants while strongly advocating for border security.  Now is a great time for conservatives to get exactly what they want.

HB 1070 has done what no immigrants right's activist has yet been able to do:  Bring the plight of millions of undocumented workers to the attention of the American public.  As the sleeping majority awaken, they are astounded at the stories of discrimination and unfair treatment they are hearing. 

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After 911, the only side to the immigration issue was the conservative radio and cable rhetoric like the Shawn Hannity show and Lou Dobbs and his broken borders anti-immigration campaign.  Most Americans are fair minded.  When armed with the facts, many of us, including staunch conservatives, say “but that is not right!”   The phrase "not right" means a variety of things. 

It is not right to require the state slogan by the state patrol to be “documents please”.  It is not right undocumented workers are on the road without insurance simply because they cannot get driver’s licenses

It is not right a woman with breast cancer cannot get treatment until she is on her death bed as applies in Colorado and Arizona.  It is not right children cannot get an education even when they were brought to the U.S. as tikes.  It is not right mothers are torn from their children and families are forced to fend for themselves when a father is deported to a foreign place. 

It is not right for the State of Arizona to advocate racial profiling of all people who “illegal”.  Don't worry, your local police department can tell the difference!

If conservatives want to drive the spike into the heart of the immigration reform movement the best thing they can do is support comprehensive immigration reform ( cir ).  Under the proposed law ( CIR ) the borders are secured, huge funding is provided for the safety of our nation’s sea ports and leagues of new border patrol agents are to be hired.  Subsequently, those who are here “without papers, please” can find a way to documentation after a lengthy period of 8 years and a hefty fine.  When totaled the fine could equal $3 billion to Uncle Sam.  That should be of interest to those who drink tea.  

You have to wonder what Jan Brewer, Tom Tancredo, Sheriff “little joe” Arpaio, tea party junkies, Shawn Hannity, Bill O’Reily as he factors in his fair and unbiased reporting, Lou Dobbs and his broken borders and the rest of the ultra conservative movement are thinking!

Failure to support comprehensive immigration reform ( CIR ) is a foolish error on the part of conservatives.  As time goes on, the pro-immigration movement grows stronger.  Immigration as “a wedge issue” is likely to cost Republicans votes in the November elections.  Unfortunately the conservative minority is so doubled over laughing over the tragic consequences of Arizona HB 1070 and 1097, they cannot see the gold in their own hands.  As goes the conservative minority so goes the Republican party.  Despiertase!

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Wednesday, May 12, 2010

Cross burning to intimidate could cost man 10 years, there is some justice left in America

Hate your brother - Go to jail


The hate laws passed in Arizona with HB 1070 leave one to believe there is no justice left in America.  After all, it is the government who is mandating racial profiling, demanding “papers please”, claiming you can tell an “illegal immigrant” by his shoes and fostering ill feelings and discrimination towards those “of color”.  That is why it is good news to see the federal government take an aggressive role in prosecuting a cross burner!

kkkguardiancropm This picture is from an unrelated article.

It is sad to say it took a federal grand jury, not a local sheriff, to indict Joshua James Moro, 23, for participating in a cross burning which was intended to intimidate an interracial couple and their child in Athens, Louisiana.  On October 28th, 2008, the hate filled Moro helped Earl Danforth build a cross out of small pine trees.  The cross was then set on fire in sight of the inter-racial couple’s home.

This is a wake up call to those who support activities which are designed to cause terror in the hearts of good people.  Little Moro’s role in the burning was to buy the diesel fuel.  For that, he has been charged as a conspirator.  That means he participated in the crime and is considered as guilty as the person who actually put up the cross and set it on fire.

You mean, just buying the diesel fuel to light the fire makes him a conspirator?  The answer is yes.  If you are involved in the slightest in intimidating people who are minorities, be advised:  You are going to face consequences.  You don’t have to do the actual intimidation!  Moro likely had a bigger role than just providing fuel.  He apparently went with cousin Danforth to move and hide the cross when they found out the FBI was investigating their hate filled actions.

One hopes this is a lesson for those who would abuse the law in Arizona.  If local law enforcement does not have the guts or balls to protect minority rights, hello Sheriff,  “Little Joe” Arpaio, then we have our federal government that does.  Arizona goes a long ways to encouraging blatant discrimination.  But there are lines.  Best not cross them!  The country is watching!

Moro has been charged with one count of conspiring to interfere with another person’s civil rights.  His cousin, Daniel Earl Danforth, was convicted this past January for conspiring to burn a cross, using fire to commit a federal felony and obstruction of justice.

If you have been the victim of a civil rights violation hit this phrase to get started on your complaint with the federal government.  Don’t be shy.  Racial intimidation only works when the victims remain silent.

The case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Mary J. Mudrick for the Western District of Louisiana and Trial Attorney Erin Aslan from the Justice Department’s Civil Rights Division. Of course, these are allegations only at this point.  All people, even those who have hate in their hearts, are presumed to be innocent until proven guilty in a court of law!

Monday, March 29, 2010

Immigrants – Know your rights! Conoce tus derechos! RIFA

Conoce Tus Derechos!



This article is in Spanish first, then re-printed in English below it.

Why not print out the article and pass
it along to your friends in the
immigrant community?

     Es importante que todas las personas, especialmente los inmigrantes, para conocer sus derechos.


    

La Cuarta Enmienda a la Constitución de EE.UU. permite a cada persona a reclamar ciertos derechos.  No necesita decir si estas or no estas en el pais legalmente, ni decir como se cruzo la frontera.

     Uno de los derechos, por ejemplo, es el derecho a permanecer en silencio. Una persona debe revelar su identidad cuando se pregunto la policia, no tiene que dar más información que eso.

     La ley de inmigración es complicado. Cualquier declaración puede ser utilizada en su contra en un tribunal de derecho o de un procedimiento de inmigración. Como resultado, es mejor no decir nada.

     Uno debe tomar una actitud general de la cooperación. Diga a los funcionarios de investigación que desea cooperar, pero que desea ver a un abogado primero.

     Si los oficiales siguen tratando de hacerte hablar, repitiendo la frase.

 "Estoy feliz de cooperar, pero quiero hablar con
mi abogado primero."

     Hay que ser cortés en pedir a su abogado. Sin embargo, no se debe cambiar de opinión. Pida a ver a un abogado y no se doble de su petición. No discutir el caso, incluso si ofrecen para que pueda volver a casa si sólo va a hablar. Esa es la manera más rápida de no volver a casa!



  
TARJETA DE DERECHOS

Le estoy dando esta tarjeta porque no deseo hablar o tener más contacto con usted. Yo elijo a ejercer mi derecho de mantenerme callado y me niego a contestar sus preguntas. Si me arresta, seguiré ejerciendo mi derecho a mantenerme callado y a negarme a contestar sus preguntas. Yo quiero hablar con un abogado antes de contestar cualquier pregunta.

Quiero contactar este abogado

o organización:

Teléfono:
  • Nunca echar una mintira, a lo mejor, no digas nada
  • Nunca llevas contigo documentos falsos
  • Nunca digas que estas un ciudano si no eres
  • Siempre pregunta por un abogado. 

English Version

It is important for all people, especially immigrants, to know their rights. 

     The fourth amendment to the US Constitution allows each person to claim certain rights.  One of the rights, for example, is the right to remain silent.  A person in custody must disclose their identity, they do not have to give more information than that.  They do not have to make a statement they are or are not in the country legally, nor do they have to say how they came into the country.

      The immigration law is complicated.  Any statement made can be used against that person in a court of law or an immigration proceeding.  As a result, it is best not to say anything.

     One should take a general attitude of cooperation.  Tell the investigating officers you want to cooperate but you want to see an attorney first. 

     If the officers keep trying to get you to talk, keep repeating the phrase: 

"I am happy to cooperate but I want to talk to
my attorney first."

One should be courteous in asking for their attorney.  However, one should not change his mind.  Ask to see an attorney and don't bend from your request.  Don't discuss the case even if they offer to let you go home if you will just talk.  That is the quickest way not to go home!

Sample rights card:
RIGHTS CARD

I am giving you this card because I do not wish to speak to you or have any further contact with you. I choose to exercise my right to remain silent and to refuse to answer your questions. If you arrest me, I will continue to exercise my right to remain silent and to refuse to answer your questions. I want to speak with a lawyer before answering your questions.

I want to contact this attorney or organization:

Telephone number:

The Reform Immigration For America movement is in full swing.  Those who wish to come into compliance with US immigration laws need to understand how to assert their rights so that they may come into compliance.