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

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Thursday, February 10, 2011

Mubarak Tells Protesters To Take A Hike, Power To VP Suleiman

Article first published as ">">Breaking: Mubarak Enrages Egypt, Future In Hands Of Military, Citizens by Tim Paynter, on Technorati.

Egyptian activists in Tahrir Square, dubbed "Liberation Square", waived their shoes in the air as an insult to Egyptian President Hosni Mubarak after a speech he gave on national TV.   Not much was liberating about the Mubarak speech. He continued the same promises made before, to not run for reelection in September and to support reforms to assure a new generation of leaders take over the Egyptian country through elections.

“I announce in very plain unequivocal words that I will not run in the coming presidential elections. I announce I will … continue to shoulder my responsibility until the authority and power is handed over to the people in elections this coming September.”

“Go! Go! Leave! Leave!” an angry crowd yelled in response.

“I will not take orders from anyone”, Mubarak said, a possible reference to activists who demand he leave office immediately. The statement might also reflect subtle pressure from world leaders including President Obama, encouraging Mubarak to step down.

In Egypt’s second largest city, Alexandria, a large crowd changed from scenes of jubilation to a demonstration of anger, crying, shouting and obscenities. Thousands poured into the streets on their way to rally at the nearby military base. Citizens are calling upon the Egyptian army to force Mubarak to resign.

It was an announcement by a military leader in Liberation Square earlier in the day that sparked the protest today. Gen. Hassan al-Roueini, the military commander for Cairo, spoke to thousands gathered in Tahrir Square:

 

“All your demands will be met today,” Hassan al-Roueini said on live stream with Al Jazeera, a media service catering to Middle East politics.

 

 

 

 

The protesters are concerned Mubarak will diffuse the protest and then place a puppet government in office.  Until recently, he was grooming his son to take his place in a continuation of a perpetual reign of power.  Recent unrest may have put the kibosh on that plan.

 

tent city in tahrir park

Tent city Liberation Park, Cairo, Egypt

Hassan al-Roueini’s remarks were interpreted as an assurance Mubarak and his government will leave office, in conformance with one of the primary demands of the protesters. Hundreds of thousands poured into the street to hear the expected resignation.

Al Jazeera quoted the phrase as “Everything you want will be realized.”

The Egyptian military convened a special council today, something they have only done 3 times in the past 30 years. President Mubarak did not chair the counsel, as he usually would. Instead, Mohamed Tantawi, Egypt’s defense minister, chaired the meeting. The counsel indicated it would convene in a continuous session to safeguard the Egyptian people, a signal they were in effect taking control of the government. That statement now remains in the air as to it’s true meaning.

During Mubarak's speech, he indicated he would transfer power to Vice President Omar Suleiman, a move which activists consider a continuation of the Mubarak regime.  Suleiman is accused of being brutal in his dealings with the opposition, including use of torture.  Forty-five minutes after the Mubarak speech, Omar Suleiman appeared on public television asking for unity and calm.

 

omar suleiman
Vice President Omar Suleiman calls for peace

“We cannot allow those perpetrating intimidation. let’s join hands and march forth. the love for the homeland is the top priority. I call to the youths of Egypt, go back home, go back to work. The country needs your hands. Let’s join hands.”

Activists are calling for peace.  A massive protest is expected tomorrow. The future of Egypt likely lies in the hands of the military, which to date has not taken sides. It was the military which brought Mubarak to office in a coup 30 years ago.Read more:

http://technorati.com/politics/article/breaking-mubarak-enrages-egypt-future-in/#ixzz1Dcr8qYqv

Sunday, February 6, 2011

Huppenthal Demands Mexican American Studies in Tucson, Threatens School Funding

Arizona Legislators Continue Attack On Immigrants

Legislators in the Arizona senate continue their assault on everything not exactly just like them, which is mostly white.  One of the most recent victims of conservative thinking is the ethnic studies programs in Arizona schools.  The legislature has enacted a law which makes it illegal to study diversity in public school.  They didn’t have a book burning in public education.  They just refuse to let anyone open the books that have already been written.  The following article will give you a few more details.

This article originally appeared as:  Huppenthal Forbids Mexican American Studies on Technorati, by Tim Paynter

In late December, 2010, Arizona SB 2281 went into effect. The new law bans ethnic studies, thus putting an end to the study of cultural diversity in Arizona.  One of those classes is the Mexican American Studies Class in Tucson, which has provided great insight to both minority and non-minority students.

In response to the new law, a protest group has been set up by the Tucson Unified School District (TUSD) Mexican American Studies Community Advisory Board. According to organizers, Mexican American Studies class informs and motivates students. Some of it's goals include: 

  • Working towards the invoking of a critical consciousness within each and every student; Promoting and advocating for social and educational transformation;
  • Promoting and advocating for the demonstration of respect, understanding, appreciation, inclusion, and love at every level of service.

However, newly elected Arizona Schools Superintendent John Huppenthal told the TUSD to halt classes or it would lose $15 million dollars in annual state funds. The threat breaks Huppenthal's promise to "Direct More Money Into the Classroom...too many of our education dollars are wasted on administrative bloat. More money needs to go directly to the classroom to support teachers." he says on his web page.

John Huppenthal from KVOA Photo

Huppenthal says the class violates SB 2281.  The TUSD disagrees and will sue.  If one side does not back down, the TUSD will spend more tax payer dollars in what Huppenthal called "wasted bloat" in court defending the basic rights of students to learn about the history of the Mexican-Americans who shaped a great part of Arizona.

confederate colors

Russell Pearce’s face has been placed over a new background on Facebook by some people who would like to recall him.   Many people believe his is proposing laws which are racist in nature.

According to the new law, the school has 60 days to comply.   Conservative voices say the SB 2281 is designed to promote unity and non-discriminatory practices.  Specifically, the law makes a class illegal if: 1. It promotes the overthrow of the United States; 2. Promotes resentment toward a race or class of people; 3. (Is) designed primarily for pupils of a particular ethnic group; 4. Advocates ethnic solidarity instead of the treatment of pupils as individuals."

However, others argue the law is designed to stop discussion and opposition to SB 1070, the most vicious anti-immigrant law in history, which was signed into law by Gov. Jan Brewer (R-AZ) in May of 2010.  SB 1070 promotes racial profiling and has been found to usurp federal immigration law to such an extent Judge Susan Bolton blocked major portions of it.  Arizona continues spending large sums litigating SB 1070.  Civil rights groups have called for national boycotts as well as a boycott of specific businesses which cater to the Hispanic community but whose owners back conservative candidates.

A meeting has been called seeking solutions to the crisis and banned classes.  The meeting will be at El Pueblo Center Senior Building 101 W. Irvington Road Tucson AZ from 2:00 to 5:00 p.m. Saturday, February 4th, 2011, according to a public page of SAVE Arizona.

The organization SAVE Arizona was set up to fight conservative law makers who attack minorities and the poor. The group is involved in several grass roots projects including a recall petition for Sen. Russell Pearce (R-AZ), who consistently supports anti-Hispanic laws.

Arizona remains the hotbed of anti-immigrant thinking and sentiments.   One can only hope the laws proposed in Arizona and which continue to divide the nation do not spread to other states.   Comprehensive Immigration Reform (CIR) provides a solution for those who want to strengthen the border while at the same time addressing the problems undocumented workers already in the US face.

Friday, February 4, 2011

Democracia Ahora Launches News Letter + Pics From “Which Way Home”

 

Our friends from Democracia Ahora have been busy lately.  Their most recent effort is a newsletter detailing recent events in the immigrant community.  Please give it a try and pass it on if you like what you see.  We are one community, one people, no matter the race, fighting for basic freedom and human rights!

The following is the letter sent to immigrants2bfree by Democracia Ahora:

Dear Tim,


Democracia started off the new year with renewed energy--the new Democracia plans to be on the cutting edge of Latino issue advocacy with innovative programming, fresh messaging, and new ways in which you can help make a difference. 

Throughout the last year we heard from a lot of you who wanted to know more about the issues that affect the Latino community and about how Democracia champions the Latino agenda.  While we've answered every email and almost all requests, we thought a monthly newsletter that highlights our work and breaks down the issues would be a great way to keep you up to date and informed.
We are proud to offer you the first edition of Democracia's newsletter. 

Take a few minutes to check it out-this month's newsletter touches on the recent attempt to repeal Health Care Reform, Clear Air and Energy and Colorado's new law that mimics Arizona's SB1070.  And that's just for starters...


The newsletter will be shaped by you so please send your ideas, comments, questions and stories and we will do our best to incorporate each and every one.  In the meantime, please enjoy our inaugural edition and pass it on to your friends and family.  We look forward to hearing from you soon.


Adelante!

 

-Democracia

 

Our friends at Democracia, based in Florida, supported us in Arizona when the Phoenix 100 were arrested during an action of civil disobedience to protest implementation of the nastiest anti-immigration legislation in history, SB 1070Now, a version of SB 1070 even more pernicious than the one passed in Arizona is proposed for Florida.  Democracia has it’s hands full!  We wish them the best of luck in an epic battle for basic human rights.

Please pass this along to your friends.  Tell ‘em Uncle Tim and immigrants2bfree sent you!

FREE MAP OF ARIZONA

COMPLIMENTS ARIZONA DEPARTMENT

 

OF TOURISM

Let Arizona pay for our protests, tell them hate costs, and so do protesters!

Please be sure to catch our review of “Which Way Home”, the story of undocumented children traveling the smuggler’s route north to the U.S.  It is a great program which will sure tug at your heart strings!  This would make a great double feature with Sin Nombre, a fictional story about a youth running from a gang on his way to the U.S.

Which Way Home is a movie about migrant children traveling alone on their way to the United States.  It is a great movie to show those who are unfamiliar with the sacrifices people make on their journey to the US. 

flying iism jpeg

“Flying”, no hands on top of the box car

the thrill ii fitojpg

“Fito” from Honduras celebrating his independence and destiny with fate.

at shelterjpg

At migrant shelter along the tracks.

which way home title

Title page, Which Way Home

Thanks,

Tim Paynter

immigrants2bfree

Saturday, January 15, 2011

Will The Insanity Defense Work For Jared Loughner?

Many people have been asking me about the insanity defense and about charging Jared Loughner, the mentally deranged youth who shot Congresswoman Gabrielle Gifford's.  Of course, a court will weigh in on the topic as will attorney for the prosecution and defense.  However, in short, here are some thoughts.

When an attorney writes these kinds of articles there is always someone who misunderstands.  We are so used to rooting for “our side”, we take anyone who makes points about the other side as a traitor.  What Jared Loughner did was a horrible thing.  However, you can bet at least his attorney is looking at this case from every angle.  That is what an informed person does.

This Article was originally printed as /Why Tucson Shooter Is Not a Terrorist on Blogcritics, by Tim Paynter

 

Many people have been asking, "Shouldn’t the Tucson shooter be considered a terrorist," and "Shouldn’t he be tried and executed if guilty?" It is hard to explain diminished mental capacity but let me give it a try.

Certainly the acts which Jared Lee Loughner committed are heinous. He has left an entire nation in shock, many dead, others clinging to an altered life, and the Jewish and immigrant communities in horror. Nothing I say here should be construed as justifying or excusing Loughner's acts.

Turning to the shooter, who is also a victim, what do we make of him? If your three-year-old daughter found an automatic pistol on the ground and shot people as Loughner did, would you charge her with first degree premeditated murder and seek the death penalty?

The analogy between a three-year-old and Loughner is not exact. If he had the mental capacity of a three-year-old at his age, he would be retarded. However, he likely is so mentally ill that he is out of touch with reality. Paranoid, he did not have the capacity to make rational decisions. Mental retardation and mental illness, while not the same, have one thing in common: the diminished capacity to make rational decisions.

In criminal law, two elements are required to make a person guilty of a serious crime: the mens rea, or guilty mind, and the actus reus, the guilty act. Proving the actus reus will be easy, considering the witnesses. However, proving the mens rea could be a challenge if the insanity defense is asserted.

If Loughner was insane when he committed the acts, then he is technically not guilty of the crimes of which he is accused. In that case, under criminal law theory, he was not capable of forming the mens rea. We don’t hold three-year-olds responsible for things they cannot understand. We should not hold a criminally insane person guilty either.

Loughner voluntarily withdrew from Pima Community College after five encounters with law enforcement and a series of angry and irrational acts. The school told him not to come back until he had an evaluation from a mental health professional stating he was not a danger. Loughner writes about a new form of currency, among other senseless ramblings. He writes in legible sentences but what he talks about does not make sense.

That is why Loughner is not a terrorist. A terrorist acts with a full deck. He may be consumed with anger or allegiance to a cause, but he is rational. He is not marching to the voices in his head or having paranoid delusions. He may justify his actions by a belief in God, but God or the Devil or irrational thinking is not screaming in his ears to wreak total destruction on society. He does it anyway.

If, by a long shot, Loughner is found "guilty but insane," meaning the prosecution can prove the actus reus but the defense can show lack of the mens rea, he could be sentenced to a mental institution under Arizona Revised Statutes 13-502(D) for the same term he would have been sentenced to prison if he were found guilty without being insane. That means life. The insanity defense will leave Loughner in an institution for the criminally insane instead of prison if he is prosecuted under state statutes. Hence, the insanity defense may not be a rational option if Arizona's facilities for the criminally insane are as abysmal as their draconian mental health laws.

After John Hinckley took the insanity defense for shooting President Reagan, a host of states passed “guilty but insane laws.”  They were afraid Hinckley would be cured of his mental illness through medication.  He likely was cured.  He would then escape responsibility and be out of the institution in a year.  The thinking shows ignorance about how the system works.  Hinckley is still not free.

Should we put our three-year-old girl who finds a gun on the sidewalk and shoots people in prison when she turns 18?  By then, she will understand the nature of her actions, even though she didn't at the time.  Should we force a person committed to a mental hospital to stay for life even after a cure for his condition is found?  When cured, he, like the three-year-old turned 18, will understand the nature of what he has done, although he didn't at the time.

It is vindictive to punish a person with a diminished mental capacity once he regains that capacity.  At the same time, Arizona refused to provide mental health treatment when it could do the most good.  Under Arizona law, presuming medication cures him, Loughner would take up valuable space in a mental institution as if he were in a prison.  How draconian to punish a person who regains his mental capacity for acts he committed before he had the capacity.

It is bad enough to say Loughner is a victim of a health care system which ignores mental illness, but he is not the only victim. Congresswoman Giffords and the other people shot on Saturday are also victims of the same uncaring health care system. If Arizona had adequately funded health care for the mentally ill, Loughner would have been treated or institutionalized until sane.

Rather than fund health care, the Arizona legislature is spending millions of dollars defending the law which makes them famous, SB 1070, the most vicious anti-immigrant law in the state's history. A national boycott is costing the state billions. Rather than fund health care on a national basis, the Republican Senate Caucus enacted a “No Vote Pact” in which they refused to vote on any issues including the START Treaty to reduce nuclear proliferation until Democrats conceded to give every millionaire a $139,000 unfunded tax cut. With their pockets stuffed full of taxpayer money, the Republicans vow to repeal health care for the poor.

Shortly, Congresswoman Giffords and all of us will become victims one more time. Despite surely suffering extreme mental illness, Loughner will likely be judged mentally ill, but with enough capacity to know right from wrong. The Court will distinguish between mental illness and insanity. Rather than get treatment in a mental institution, Loughner will spend his life on death row. The message to other mentally ill people is, don’t reveal yourself, because you won’t get treated and your acts will be judged harshly. The mentally ill remain in the closet for a reason and that makes every one of us the next potential victim.

As time goes on we will hear more about what makes Jared Loughner a disturbed person.  Whether or not his mind rises to the level of insanity remains to be seen.  My heart goes out to all of those who have been hurt by Loughner, including the victims and their families.

Thursday, January 13, 2011

Colorado Real Estate Market Heating Up, Rentals Full

 

This article was originally posted as “Colorado Real Estate Market Heating Up, Investors Clean House” on Technorati, by Tim Paynter

I had an interesting meeting with Greg Beran of Performance Property Management, LLC on South Broadway in Denver.  He thinks now is a great time to put some money into the market.  After years of flat real estate prices and zero growth, he may be right.

In part that is because investors usually bottom fish.  The majority of us have properties that are rented to those who are really struggling.  The super rich have their own properties, and finding a middle class family to pay a good return considering the cost of middle to upper middle class homes is usually a wasted effort whistling Dixie.

The following article was written for Technorati.  I have reproduced it here because I think it has a great message.

 

Real estate investors have spent years trying to figure out where the bottom of the market is. According to Gregory Beran of Performance Property Management in Denver, Colorado, we are a few steps up from bottom in the Mile High City of Denver, Colorado.

According to Beran, the two ingredients that make residential properties attractive to buyers are low prices and high rents. Beran, a long time property manager and investor in the Denver metroplex, says those conditions exist right now. He says competition is heating up for his rental units and vacancy rates have plummeted.

“We don’t have any single family homes available” the lanky investor told me during an exclusive interview. “They don’t stay for rent longer than a week or so.”

When asked about two bedroom apartments Beran was only able to offer one prospect for a fast move.

“It is the trickle down effect,” Beran said during our discussion in his nicely appointed office on South Broadway Boulevard in Denver. Unlike “trickle down economics” in which wealth trickles down from the super rich to the middle class as promised by the Bush administration, the trickle down effect Beran is talking about is from those transitioning from home owners to small house and apartment renters after losing their homes in foreclosure.

“The banks aren’t letting people stay in their homes any more,” Beran explained. “So people are moving from large houses into anything we have.” The same is true for apartments, as people face a substantial lower standard of living after losing their homes and condos and being forced to accept significantly less.

Even though a person has a foreclosure or bankruptcy on their record Beran may still work with the tenant.

“I like to work with people to see if we can help them. If I am convinced they will pay the rent then we overlook a lot,” he told me.

Beran qualifies the tenant by checking their criminal and civil background. He is looking for serious criminal charges as well as prior evictions. Assuming the person has stable employment, the Denver leasing agent tries to put them into something they can presently afford.

All of this is good news for landlords trying to hang onto their properties and for new investors. Sales prices still remain competitive in Denver. There are scores of fixer uppers on the market. An investor who is able to buy right can lease the property for positive cash flow. One bedroom units rent for $550 to $595 in lower income complexes, which are favored by investors. Two bedroom units go for $650 to $750.

Read more: http://technorati.com/business/gurus/article/denver-real-estate-market-heating-up/#ixzz1AyxntrD4

Here are the numbers.  Let's say you are able to acquire a condo for $30,000.  If you pay your broker handsomely for finding the deal, and throw in financing and closing costs, plus a carpet and paint budget, perhaps your investment costs another $5,000, for a total investment of $35,000. 

If you are paying 7% on the borrowed money, the monthly interest payments would be about $205.00.  Condo dues will add another $250 bucks to the tab, and property taxes another $80.00.  Your total monthly nut will be $535.  A rental rate of $595 per month means your tenant is paying the costs of your investment while you wait for appreciation and take the tax benefits.  If you paid cash for the unit you would be getting a whopping 55% return on your investment.  While I did not take depreciation of furnishings or vacancy into account, these items should be easily offset from appreciation and tax deductions.

After congress stuffed their pockets with a $139,000 unfunded tax break to every single millionaire in the US in December of 2010, they are not likely to shoot their mortgage interest and other deductions in the foot too hard.  The net after tax benefits makes the return on investment soar!

“Prices are being kept down because banks are not lending unless you have good credit,” Beran noted. “So people who have lost their homes are unable to qualify for less expensive homes.” That pitches former home-owners against those who traditionally rent, tightening the market.

Since banks are not lending, sales prices continue to remain weak. This provides the perfect scenario for a wise investor who has capital to invest and management expertise. As credit eases, values will likely rise. For those who prefer to let others handle the tenants, Beran is still accepting management contracts for properties.

“Are you in the market right now?” I asked him.

“I am always in the market!” Beran told me. The words are spoken like a true investor. Beran prefers small apartment complexes. He looks for a cap rate higher than 8% and is ready to move if he likes the deal.

How do you know when the real estate market has hit bottom and is on the way up?   When seasoned investors slide off the fence and return to the market, you can bet they know something.  Considering Gregory Beran bought his first rental property when he was 20 years old in 1978, you can bet he knows a thing or two.

Read more: http://technorati.com/business/gurus/article/denver-real-estate-market-heating-up/page-2/#ixzz1Az1vUWMC

 

No one has a perfect crystal ball.  Trying to catch the ‘exact high’ or ‘exact low’ of the real estate market seems futile.  Isn’t it better to invest with the trends?  And what are the best trends?

Buy when everyone is selling.  Sell when everyone is buying.  A lot of people are buying right now but most have yet to get the news.  Now may be your chance to salt away a nest-egg rental house for your future.

 

Thursday, January 6, 2011

Republicans Attack Immigrant Youth

Yesterday, State law makers met in Washington DC with the express purpose of attacking children of undoucmented workers.  The result was a nasty display from those who have everything telling those who have nothing their status as “nothingness” would become even worse.  We are in a tragic fight in our country between the haves and the have nots.  The Republican Party of my youth was never a party of have-not.  Rather, it was a party of opportunity.  Odd, what the winds of time bring about.

This article originally was published as Lawmakers Attack 14th Amendment, Create Caste System on Blogcritics, by Tim Paynter

State Republican lawmakers from Georgia, Arizona, Pennsylvania, Oklahoma and South Carolina met in Washington DC Wednesday to announce their plan to create a new class of citizen called a “State Citizen” according to Reuters.  A State Citizen is a person born to undocumented immigrants while in the US and who would be denied citizenship in derrivation to the 14th Amendment. The child would be issued a different type of birth certificate and would be refused access to various state services, presumably health care and education. Eventually, the State Citizen would be deported.

Colorado activists protest Secure Communities, the melding of federal and state data bases including ICE and which would be used to identify State Citizens in many cases.

The question the legislators failed to answer is, deported to where? The Republican legislators who propose the law define a State Citizen as a person “Who owes no allegiance to any foreign sovereignty, or a child without citizenship or nationality in any foreign country” reports AJC of Atlanta, Georgia.  If the child owes no citizenship to another country then no country would be obligated to take him as one of their own. That includes the country of his birth parents.

For example, a child born in the US to undocumented parents from Mexico would be a State Citizen of the United States.  Mexico would likely refuse to accept the child into their country.  That would leave the person stranded eternally in the US, either as a prisoner in one of the blossoming prisons for profit used by Immigration and Customs Enforcement (ICE) or free on the streets with no access to basic services or even a job.

With no means of legal support, no education and no options open, the State Citizen would be forced into the underground labor market.  Eventually, the US would be forced to spend billions building new prisons to house what heretofore were US lawful citizens by birthright.  These citizens currently live productive, tax paying lives.

State Citizens who escape incarceration or deportation would belong to a lower caste of citizens, as is common in some third world countries.  Insuring all people are treated equally is part of the American principle of freedom.  The foundation for the battle cry, "No taxation without representation" happened during the Boston Tea Party.

______________

Viet Nam Vet To Be Deported 

Click above for full details!

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Various countries often refuse to accept their citizens especially if they have a criminal record, including China and Cuba.  At the very least, the proposed law would leave criminal aliens in the united states.  In the past, ICE has incarcerated alien criminals with non-violent offenses for life when a country refused to accept them.

The group of lawmakers who proposed the changes to the 14th Amendment call themselves State Legislators for Legal Immigration including Sen. Jack Murphy (R-GA).  Their objective is to force the Supreme Court to review the current interpretation of the 14th Amendment.

"I feel that the birthright citizenship issue must not be taken lightly and loopholes that allow for individuals to unlawfully remain in our country and take advantage of valuable taxpayer resources must be closed,” said Sen. Murphy who co-chairs a study committee on immigration. “Members of our committee must begin to look at legislation that will close these loopholes in Georgia and protect our citizens.” AJC reports.

    Dream Act Poster

The State lawmakers announced their plan after the Republicans in the US Senate defeated the Dream Act during the lame duck session.  The Dream Act would have allowed students of undocumented immigrants to go to college or serve in the military.  After paying a fine which would have added billions to the treasury and after a ten year wait, the students could petition to become permanent residents. 

Republicans also refused to vote on the Start Treaty and the gays in the military issue until Democrats agreed to extend unfunded tax cuts to millionaires, giving each millionaire an extra $139,000 in spendable funds.   The law makers who proposed the change to the 14th Amendment will benefit from the tax cut and resent granting public services to citizen children of undocumented immigrants.

The battle over the 14th Amendment has brought together an unusual alliance of civil rights groups including the American Civil Liberties Union and the National Association for the Advancement of Colored People which have sometimes been at odds on the issue of immigration.  The new coalition calls itself Americans for Constitutional Citizenship. The coalition labeled the Republican proposals “unconstitutional, un-American and divisive”, according to AJC.

“For the first time since the end of the Civil War, these legislators want to pass state laws that would create two tiers of citizens.  A modern-day caste system, with potentially of millions of natural-born Americans being treated as somehow less than entitled to the equal protection of the laws that our nation has struggled so hard to guarantee,” Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights, was quoted as saying.

Read more: http://blogcritics.org/politics/article/law-makers-attack-14th-amendment-create/page-2/#ixzz1AIfHFELl

Read more: http://blogcritics.org/politics/article/law-makers-attack-14th-amendment-create/#ixzz1AIeYATQs

Whether or not you like the view expressed, it is a clear analysis of what happens when a country refuses to grant birth certificates to those born in their land.  Please “like” it on facebook, leave your comments for us to ponder and pass it on to your favorite politico.  We need a good discussion but how can that happen without everyone having the same information?

Wednesday, January 5, 2011

Manuel Valenzuela Viet Nam Vet Fights Deportation


 This article originally appeared Viet-nam-vet-valenzuela-continues-in deportation on technocrati

 While immigrant’s rights groups have been protesting for comprehensive immigration reform and the Dream Act, a travesty of justice has been taking place in a silent corner of the immigrant community. Unbeknownst to most, the Immigration and Customs Enforcement Administration (ICE) has been busy deporting veterans.



The most recent victim of an “Order For Removal” is Manuel Valenzuela who survived another round in the government’s effort to deport him today. Valenzuela appeared in Denver Immigration Court dressed in a tightly fitting Marine Corp uniform. His continued fight was placed on the docket for September of 2012 in endless legal wrangling perhaps even the judge did not understand.

“Is Mariela Sogastume representing you?” the judge asked.

“Yes, Sir!” replied Valenzuela.

You could not help but notice this was not the ordinary “Yas, your honor” reply. In fact, Valenzuela responded to the judge as if he were summoned by the general. If you didn’t get the point with the uniform, the manner and directness of his reply screamed “I am a veteran!”

Yes, the uniform was tightly fitting. What do you expect after being out of the service for over 25 years? Yep. Manuel not only is a veteran, he is a Viet Nam veteran. He is the same guy who volunteered for service when an entire generation was seeking refuge in college. They called it "deferment" in those days.  The idea was to go to school for so long that the war would be over before the student could graduate.

Maybe something good came out of Nam after all. Thousands of not-so-studious youths got multiple degrees in perfectly useless things like geology while waiting for others to get the dirty work over with, or die trying. Lots of soldiers died trying.




Needless to say, as men bled to death in Southeast Asian rice paddies, and a nation started singing Kum Ba Yah, Manuel was facing Viet Cong resistance flying rescue missions into mainland hot zones and pulling other soldiers out of harms way. These were the days when VC commandants considered soldiers more expendable than bullets because they had a lot more manpower than gun powder, and they had plenty of both!

The news was all about “body counts” and we are not talking about how many hippies you can stick into a VW bug. This was a guerilla war of attrition in which uniforms were not always worn and the enemy spy was flashing a smile at you during the day because he planned to come back and gut you after dark.

One of the reasons why deporting of veterans has remained so quiet is most of them don’t consider themselves immigrants. Valenzuela came here as a little tike, the child of a US citizen born in New Mexico. Everything about him says US citizen. If Uncle Sam is successful in his effort to repatriate a 50 plus year old to his “homeland” it will be to a place he hardly knows, with no means of support, with no family. Imagine waking up and finding you don’t have a country any more, or the country you volunteered to die for does not want you. If you can’t fathom how it would feel, Valenzuela has a word for it. “Devastating.” Marines don’t cry.  Often.  At least not in public.

Lest you think this is one lone royal foul up by ICE, there are two Valenzuelas facing deportation. Manuel’s brother, Valente, also is doing battle with an ungrateful ICE. Valente had a special clearance that put him in working contact with the three letter boys. If he ever gets through his own deportation nightmare he may write a best seller about his work with the CIA in far off jungles and his exposure to Agent Orange.

At the end of his tour, Valente came home with a bronze star and a lifetime of nightmares and post traumatic stress, the nightmares and post traumatic stress being gifts he shares in common with brother Manuel. Lest you think these are two lone royal foul ups by ICE, ask the brothers to talk about the many veterans who have contacted them after already being deported.

Lest you think the USA has an odd way of showing gratitude towards its veterans, well you are damn right about that. In fact, maybe they should put “We Deport Veterans” on the recruiting posters along with “See The World!”

Fortunately, the brothers are in the hands of a very capable attorney who knows her stuff. Her court room decorum tells you this is a pro without the immense ego most legal beagels carry with them. Her modesty comes from her own struggles and personal experience as an immgrant in the land of Oz. Mariela Sogastume "get's it" when someone faces injustice, which gives her a quiet passion about her work.

Perhaps it was a good day in immigration court. Before the proceeding was adjourned, an “officer of the court” which is a code word in the legal profession for “attorney”, announced he must say something in Manuel’s defense.

“Your honor.” the man insisted. “I am an officer of the court and a veteran myself.” and then turning to Valenzuela he shouted in a voice which needed no loud speaker to amplify it. “And I salute you!”   Perhaps he wished he had become a rich geologist instead of a hard working attorney, perhaps not, but there was no mistaking his patriotism!

Everyone froze for just a second after the words zinged through the air. The question for the rest of us who are grateful for men who put their lives on the line for their country, is this the way to treat a veteran? I felt like standing up and joining the salute and then parading out onto the street in protest. This can’t be happening in America, and if it is, it must stop. That was my impression, and U?


Read more: http://technorati.com/lifestyle/article/viet-nam-vet-valenzuela-continues-in/page-3/#ixzz1ACA7pkr2
Read more: http://technorati.com/lifestyle/article/viet-nam-vet-valenzuela-continues-in/#ixzz1AC9Hhtk4