SB 1070 is NOT a Law

 

Update on the current court case that Tonatierra is a plaintiff along with other organizations and individuals.

U.S. District Judge Susan Bolton has denied the state of Arizona’s motions to dismiss a legal challenge to SB 1070
The  lawsuit is a separate action from the challenge to SB 1070 by the U.S. Justice Department being considered by the U.S. Supreme Court.

 

 

 

 

 

 

Interview with OLMECA

“TO LEGALIZE A STATE MEANS TO DECOLONIZE THAT STATE”


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Wake up call interview with Danny Glover: Civil Rights, Human Rights, Rights of Mother Earth

TONATIERRA calls for PUHSD to adopt NON-COMPLIANCE policy re: SB1070The Petition for Non-Compliance will be addressed at tonight’s Governing Board Meeting of the Phoenix Union High School District

Thursday May 6, 2010

6:00 PM

4502 N. Central

Phoenix, AZ – In response to the threat of immoral and illegal state sanctioned discrimination which is imminent due to the signing into law of SB 1070 by Arizona Governor Jan Brewer, TONATIERRA has petitioned the Phoenix Union High School District to institute a policy of non-compliance with SB 1070 law to be adopted immediately.

“It is our belief and understanding that SB 1070 is an assault upon the dignity and integrity of both our community and individual rights, giving illegitimate license to the systematic violation of our Civil Rights, Human Rights and Indigenous Rights,” said Tupac Enrique Acosta of TONATIERRA, an Indigenous Peoples Human Rights organization in Phoenix.
In defense of the Right to Education, the US Supreme Court ruled in Plyler v. Doe, 457 U.S. 202 (1982), that public schools were prohibited from denying immigrant students access to a public education. The Court stated that undocumented children have the same right to a free public education as U.S. citizens and permanent residents. Undocumented immigrant students are obligated, as are all other students, to attend school until they reach the age mandated by state law.

Public schools and school personnel are prohibited under Plyler from adopting policies or taking actions that would deny students access to education based on their immigration status. The implementation of SB 1070, would be a prima facia violation of the Right to Education protected by Plyler v. Doe, moving the “chilling effect” of discriminatory racial profiling into an ice age, institutionalizing a climate of fear and racial profiling on each school campus.

Fear lives in the house of ignorance.  In order to proactively address the current situation in terms of education, TONATIERRA proposes that the PUHSD:

·       Immediately adopt a policy of NON-COMPLIANCE with SB 1070, communicating this policy with the appropriate memorandum of understanding with the City of Phoenix Police Department SRO officers on each campus.

·       Take action to implement a Human Rights Curriculum to enhance and educate appreciation and understanding for the principles of the Universal Declaration on Human Rights (1948) and the UN Declaration on the Rights of Indigenous Peoples (2007).

·       Implement permanent programming in Cultural Competency to mitigate the negative effects of SB 1070 in our communities and in our schools.

###

From Selma to Phoenix, from Civil Rights to Human Rights and, the Rights of Mother Earth!

THE DECLARATION OF INTERDEPENDENCE

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MESSAGE FROM LA GRAN TENOCHTITLAN, MEXICO

TO THE MOBILIZATION OF THE ASSEMBLY OF THE PEOPLES IN ARIZONA

Re: Community Indictment Against State of Arizona, Governor J. Brewer (et al)

Civil Rights – Human Rights – Indigenous Rights

From: Camilo Perez Bustillo
To: Tupac Enrique Acosta, TONATIERRA
Date: Wednesday April 28, 2010

Dear Relatives,

With all our respect and solidarity from the Gran Tenochtitlan in Mexico, and I humbly ask your permission to translate into Spanish and give the widest possible dissemination of the document (Community Indictment against State of Arizona, Governor Jan Brewer) directly in the May Day marches and meetings of the World Social Forum theme to be held here on 2, 3, and May 4 and through international networks with which we are connected. The Alternative Forum which we are organizing in November (see attached document) includes the International Court of Conscience that shall primarily focus on violations of the rights and dignity of migrants, refugees, and displaced people (“peoples in movement”) from around the world.

If you agree we may consider the Community Indictment Against the State of Arizona as the first case before the Court, and announce it throughout Mexico in the coming days.

We also request the honor of joining us as adherents to the process of building the Alternative Global Forum of Peoples In Movement here in Mexico from 4 to November 8, rejecting the official Fourth Global Forum on Migration and Development organized by the Mexican government.  We invite your integration and as founding members of the International Committee, as promotors and as participants in these events.

A key element of this process since its inception has been the participation of indigenous organizations throughout the continent such as the FIOB, the Binational Indigenous Front of Organizations, Central Binational Oaxacan Indigenous Development in Fresno, Assembly of Indigenous Migrants in Mexico City, Alternative Indian Movement, the Coordinator Andean Indigenous Organizations, CONAIE, Amerindia, Wayuu Women Force (Colombia), etc.

We have met several times in the past, most recently at the time when I was director of the migrant advocacy program of the American Friends Service Committee and TONATIERRA gave us the honor of being our hosts during the Encounter in 2005 against the proposition that had been approved in 2004.

Thank you very much, sincerely, with warm greetings once again,

Camilo Perez Bustillo, on behalf of the Promoting Committee

Links:
Global Forum on Migration and Development

http://www.gfmd-fmmd.org/

http://www.tonatierra.org

*******

MENSAJE DESDE LA GRAN TENOCHTITLAN, MEXICO

A La Mobilizacion de la Asamblea del Pueblo en ARIZONA

Re: Ausacion Contra el Estado de Arizona, Gobernadora J. Brewer (et al)

Derechos Civiles – Derechos Humanos – Derechos Indigenas

From: Camilo Perez Bustillo
To: Tupac Enrique Acosta, TONATIERRA
Date: Wednesday April 28, 2010

Estimados compañeros,

Cuentan con toda nuestro respeto y solidaridad desde la Gran Tenochtitlan, y les pedimos humildemente su autorización para traducir al español y darle la mayor difusión posible a este documento aquí (inmediatamente en las marchas del Primero de Mayo y en las sesiones del Foro Social Mundial temático que se realizará aquí el 2, 3, y 4 de Mayo) y por conducto de redes internacionales con que estamos conectados. El Foro Alternativo que estamos organizando en Noviembre (ver documentos anexados) incluirá el primer Tribunal Internacional de Conciencia enfocado a violaciones de los derechos y dignidad de migrantes, refugiado/as y desplazado/as (“pueblos en movimiento”) en todo el mundo.

Si Uds. están de acuerdo podriamos considerar esta acusación que han enviado como el PRIMER CASO sometido al Tribunal, y anunciarlo así en Mexico en los próximos dias.

También les pedimos el honor de que nos acompañen como adherentes al proceso de construir el Foro Alternativo Mundial de los Pueblos en Movimiento aqui del 4 al 8 de Noviembre, en rechazo del Iv Foro Mundial sobre Migración y Desarrollo organizado por el gobierno mexicano; y como miembros fundadores del Comité Promotor Internacional y como participantes en estos eventos.

Un eje clave de este proceso es la participación desde su inicio de organizaciones indígenas en todo el continente como el Frente Indígena de Organizaciones Binacionales, Centro Binacional de Desarrollo Indígena Oaxaqueño en Fresno, Asamblea de Migrantes Indígenas en el DF, Movimiento Indígena Alternativo, la Coordinadora Andina de Organizaciones Indígenas, CONAIE, Amerindia, Fuerza de Mujeres Wayúu (Colombia), etc.

Nos hemos conocido varias veces en el pasado, la más reciente en la época cuando yo era director del programa de defensa de migrantes del American Friends Service Committee y Tonatierra nos hizo el honor de ser nuestros anfitriones en el encuentro en el 2005 contra la Proposicion que se habia aprobado en el 2004.

Muchas gracias, atentamente, un abrazo Camilo Pérez Bustillo, en nombre del Comité Promotor.

###

Links:

Global Forum on Migration and Development

http://www.gfmd-fmmd.org/

http://www.tonatierra.org

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TONATIERRA CALLS FOR PUHSD TO ADOPT A NON-COMPLIANCE POLICY RE: SB 1070

TONATIERRA

PO Box 24009

Phoenix, AZ 85074

April 28, 2010

Ms. Amy Kobeta, Governing Board President

Phoenix Union High School District

4502 N. Central Avenue

Phoenix, AZ 85012

Dear President Kobeta,

Good greetings.  In response to the threat of immoral and illegal state sanctioned discrimination which is imminent due to the signing into law of SB 1070 by Arizona Governor Jan Brewer, TONATIERRA hereby petitions the Phoenix Union High School District to institute a policy of non-compliance with SB 1070 law to be adopted immediately.

It is our belief and understanding that SB 1070 is an assault upon the dignity and integrity of both our community and individual rights, giving illegitimate license to the systematic violation of our Civil Rights, Human Rights and Indigenous Rights.

In defense of the Right to Education, the US Supreme Court ruled in Plyler v. Doe, 457 U.S. 202 (1982), that public schools were prohibited from denying immigrant students access to a public education. The Court stated that undocumented children have the same right to a free public education as U.S. citizens and permanent residents. Undocumented immigrant students are obligated, as are all other students, to attend school until they reach the age mandated by state law.

Public schools and school personnel are prohibited under Plyler from adopting policies or taking actions that would deny students access to education based on their immigration status. The implementation of SB 1070, would be a prima facia violation of the Right to Education protected by Plyler v. Doe, moving the “chilling effect” of discriminatory racial profiling into an ice age, institutionalizing a climate of fear and racial profiling on each school campus.

Fear lives in the house of ignorance.  In order to proactively address the current situation in terms of education, we propose that the PUHSD:

  • Immediately adopt a policy of NON-COMPLIANCE with SB 1070, communicating this policy with the appropriate memorandum of understanding with the City of Phoenix Police Department SRO officers on each campus.

  • Take action to implement a Human Rights Curriculum to enhance and educate appreciation and understanding for the principles of the Universal Declaration on Human Rights (1948) and the UN Declaration on the Rights of Indigenous Peoples (2007).

  • Implement permanent programming in Cultural Competency to mitigate the negative effects of SB 1070 in our communities and in our schools.

Thank you for your kind consideration.  Please facilitate the addressing of this issue on the agenda of the May 6th PUHSD Governing Board meeting.  I can be reached at (602) 466-8367.

Sincerely,

Tupac Enrique Acosta

TONATIERRA

Email: chantlaca@tonatierra.org

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The Return of Quetzalcoatl
Huehuecoyotl
Interview with Raul Macias of Anauak Youth Sports Association, Los Angeles at the World Peoples Conference on Climate Change and the Rights of Mother Earth in Cochabamba, Bolivia – April 22, 2010


COMMUNITY

INDICTMENT

AGAINST STATE OF ARIZONA, GOVERNOR JAN BREWER (Et Al)

FOR VIOLATION OF CIVIL AND HUMAN RIGHTS OF CITIZENS AND NON-CITIZENS PROTECTED BY THE US CONSTITUTION, THE UNITED NATIONS

UNIVERSAL DECLARATION OF HUMAN RIGHTS

AND THE

UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

****

TO WIT:

18 U.S.C.  § 241

Section 241: Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured – They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 U.S.C.  § 242

Section 242: Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated

sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

VIOLATION OF HUMAN RIGHTS IN

TREATY OF GUADALUPE HIDALGO TERITORIES (US-Mexico 1848)

ARTICLE IX

The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States. and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.

*******

United Nations Universal Declaration of Human Rights

Adopted on December 10, 1948

by the General Assembly of the United Nations (without dissent)

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

*************

United Nations Declaration on the Rights of Indigenous Peoples

Adopted by the General Assembly September 13, 2007

Article 36

1. Indigenous Peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.

2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

********************

ORDER TO APPEAR

Before the

National Human Rights Commission of the United States

Arizona Working Group

The Spirit of Justice, the True Light of Law

6 Responses to “SB 1070”

  1. David Mendez Says:

    Dear Tonatierra,

    My name is David Mendez. I found your information on the web and I am contacting you for the following.

    I’m a filmmaker conducting research for a short documentary film about immigration life and SB 1070 in Arizona. This project will be a short film exhibiting the hopes, struggles, dreams, and human rights issues in Arizona. The film will be shown in film festivals domestic and abroad. The purpose of this email is to reach out and ask you for the following.

    I’m seeking stories to include in my short documentary. I’m asking if you are able to put me in touch with any individuals or families who may be interested in telling their stories. I am seeking volunteers to be interviewed and describe their situation on camera. This project aims to provide a voice for people who have been targeted by the law enforcement, and to explore the dilemmas that will arise from SB 1070. For example, some families will be split apart once the law goes into effect. Many people will be racially profiled and be subject to police harassment. These are the sorts of stories this short documentary will explore. I’m most interested in speaking with young adults and students (of legal citizenship) with family members who are undocumented. Perhaps you can connect me with someone? Any help or suggestions are much appreciated.

    This project is independent and is all out of pocket. You can find some information about my previous documentary film.

    Thank you for reading this email. Hope to hear back from you.

    Sincerely,
    -David Mendez

  2. likos Says:

    here in the town of maricopa 800 students had a protest against 1070 at the high school 120-150 students were suspended for marching outside of school grounds. thank you for your information on legal and humanitarian issues. Put me on your information e-mail list

  3. Rodolfo Plata Says:

    El gobierno y los empresarios mexicanos deben seguir el ejemplo del lobby judío. Invirtiendo en el cabildeo y las campañas electorales de los políticos chicanos, a fin de promover las leyes y gobiernos que nos beneficien; lo cual ha permitido a esa minoría privilegiada saquear y someter a Norteamérica desde los años treinta, sin que nadie se oponga.


  4. [...] interview can be listened to here. Be sure to also check out their other awesome resources on SB1070, including the recent interview [...]


  5. yo quiero partisipar en la demostracion este 29 de Mayo si me permiten colaborar como security o lo que sea nesesario estoy dispuesto porque la SB1070 es una arma mas encontra de nuestros hermanos y no lo bamos a permitir


  6. Please see this video called “By the Time I Sneak Outta Phoenix” we produced as a parody – song written and performed by Louie Cruz Beltran – I think you will appreciate its message! Sometimes we can reach people in this way. I hope it helps the cause. This bill must be retracted.
    Anastasia

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