Politic365

 
 


Headline

5:30pm May 2, 2012

Supreme Court Says: Racial Profiling Here to Stay

illegalscrossingfence

Given the intense drilling from Supreme Court justices hearing oral arguments in the Arizona immigration law challenge, writing is on the wall says the law may likely be upheld.

Eight justices – Kagan recused herself because she worked on the case while Solicitor General before being sworn in – didn’t appear to think the Arizona law unlawfully encroaches on the federal government’s authority to enforce U.S. immigration policy.

Justice Scalia was obvious about it: “what’s wrong about the states enforcing Federal law?” Even Obama appointee and the only Hispanic on the bench Justice Sonya Sotamayor was skeptical at one point suggesting she agreed with Chief Justice John Roberts’ suggestion that the Arizona law may not precisely be inconsistent with federal immigration laws.

“[Y]ou can see it’s not selling very well — why don’t you try to come up with something else?”  Justice Sotomayor asked. “Because I, frankly — as the chief has said to you, it’s not that it’s forcing you to change your enforcement priorities. You don’t have to take the person into custody. So what’s left of your argument?”

And another left leaning Justice Stephen Breyer queried if a law that required to check status could truly be in conflict with the federal law – which simply allows them to do just that.

Of course, the government and millions of legal American residents and Citizens of Hispanic and Latino descent argue they would be racially profiled and inconvenienced at an exponentially higher rate than their fellow White citizens.  A CNN poll revealed that 74% of Hispanics and 47% of Whites feel the law will increase discrimination.

It may be a necessary evil to deal with problems border states face when the feds refuse to enforce the law.

In its brief to justify the law, Arizona complained  that criminal aliens make up over 17% of the prison population. The county serving Phoenix includes 21.8% felony defendants in the country unlawfully.  It stated that Arizona spends several hundred million dollars providing education and healthcare to aliens unlawfully in the state. “Private ranchers living near the border constantly face the epidemic of crime, safety risks, serious property damage, and environmental problems (including large deposits of trash and human waste,and cut water lines and fences) associated with a steady flow of illegal crossings on their land,” the state argued.

If the court upholds the law, it may be acting in concert with the American public.   A recent Fox News poll showed 65 percent supporting the law.  Even among Hispanic Americans, a key demographic presumed to be against the law, there is a split.  Twelve percent of second-generation Latino voters in the state say they support S.B. 1070, according to a recent Latino Decisions poll. That jumps to nearly 30 percent in the fourth generation.

Those who support the law may think that increased stops and delays on legal and American citizens of Hispanic origin is a price to pay.  Tell that to those who may be subject to a substantial increase of stops that disrupting travel and daily life.

But the case will hardly go away. Alas, it has only just begun. If upheld, other border states may follow suit and legislate their own version.  However, as soon as the law is applied, it becomes ripe for a subsequent lawsuit that stipulates it violates the equal protection clause of the 14th Amendment if only applied to one race of people.   The challenges to the law’s application will likely be based on the Historic Civil Rights cases and more recent cases about racial profiling in police stops.

While the majority of illegal immigrants are from Mexico, a recent PEW center study showed over the last year there has been a net gain of zero as more undocumented Mexicans are returning home than coming into the country. And a Department of Homeland Security document revealed that there were over a quarter million illegal immigrants from Canada, Korea, Ireland, India, Pakistan, the Philippines and Jamaica living in the United States.  Yet, whether in Arizona or elsewhere, they won’t be subject to stops as much as those perceived to be of Mexican or Hispanic origin.

In any event, politically, whether struck down or upheld, it could be a win for the Obama administration in its reelection campaign.  This decision, which is expected to come down this summer, would be in advance of the challenge to the Healthcare law which also risks being overturned.

The White House could use a loss to ignite pro-immigration supporters and make the argument to Latino and Hispanic voters and liberals that he would need to be reelected in order to counter the majority conservative Supreme Court.  More liberal leaning justices Stephen Breyer and Ruth Bader Ginsburg are both in their 70s, though Ginsburg hinted last year that she most likely won’t retire until her mid 80s and 2016.

But since you can’t predict the future or the onset of health problems, he could argue better safe than sorry.



About the Author

Jeneba Ghatt
Jeneba Jalloh Ghatt represents small, women, and minority owned business and technology companies at The Ghatt Law Group LLC, the nations’ first communications law firm owned by women and minorities. She's won landmark cases on behalf of her clients which include national civil rights and public interest organizations. In addition to actively authoring several blogs, being a radio show host and sitting on the boards of three non-profits, she is a tech junkie who has been developing online web content since the very early years of the Internet, 1991 to be precise! Follow her on Twitter at @Jenebaspeaks, on her blog, Jenebaspeaks, which covers the intersection of politics and technology or on her Politics of Raising Children blog at The Washington Times Communities section.




 
 

 
193624822_de6bb92462_z

Government funding bill with Wall Street giveaways passes in House

On Thursday night, the House of Representatives voted to pass a government funding bill, but some of the more progressive members of the House stood in opposition to this spending bill because it contained policy riders that be...
by Adriana Maestas
1

 
 
5708625905_502f6d8f08_b

Latino support for President Obama up, and majority of Americans still support path to legalization

The Pew Research Center for the People and the Press released some new data today from a recently conducted survey that shows a mixed response from the public for the President’s recent executive action expanding the numb...
by Adriana Maestas
0

 
 
2014-11-20_15-19-54

iAmerica.org launches as a resource for administrative relief

As President Obama announces his plan to provide administrative relief to millions of undocumented immigrants this evening, organizations are gearing up for an influx of questions from those who might be eligible for relief fro...
by Adriana Maestas
0

 

Advertisement
 
g.k.-butterfield

Butterfield Elected Chair of the Congressional Black Caucus for the 114th Congress

WASHINGTON, DC – Congressman G. K. Butterfield (NC-01) was unanimously elected today as the 24th Chair of the Congressional Black Caucus for the 114th Congress.  Beginning in January, Butterfield will lead the largest...
by Politic365 Staff
0

 
 
White House immigration action

President Obama will make announcement on immigration tomorrow

Today the White House announced that President Obama will make an announcement on executive action to fix the broken immigration system. The White House posted this announcement on Facebook and on it’s blog. Check out the...
by Adriana Maestas
21

 




13 Comments


  1. Wm_Tucker

    It would be helpful to your readers to post Arizona's S.B. 1070 here so that they can read its wording to understand why lower courts and the Justice Department found it untenable. Of particular note is S.B. 1070's wording regarding, "reasonable cause", enabling law enforcement officers to confirm a suspect's citizenship, and its challenge to the Constitution's Supremacy Clause.


  2. [...] Court Says: Racial Profiling Here to Stay (Politics 365):  Given the intense drilling from Supreme Court justices hearing oral arguments in the Arizona [...]


  3. Brittanicus

    This ITIN number is backfiring in a big way. Each spring, many illegal aliens are now eagerly filing tax returns to take advantage of the Additional Child Tax Credit using their ITIN numbers to get huge refunds from the IRS. "We've seen sometimes 10 or 12 dependents, most times nieces and nephews, on these tax forms," the whistleblower told Eyewitness News. "The more you put on there, the more you get back." The whistleblower has thousands of examples, and he brought some of them to 13 Investigates. The examples show that the tax filers had received large tax refunds after claiming additional child tax credits for many dependents.

    WTHR spoke to several illegal aliens who confirmed it was easy to get the tax loophole credit. One of the illegal aliens admitted his address was used this year to file tax returns by four other undocumented workers who don't even live here. Those four workers claimed 20 children live inside the one residence and, as a result, the IRS sent the illegal immigrants tax refunds totaling $29,608. 13 Investigates asked the illegal alien why illegal aliens should receive tax credits for children living in a foreign country. "If the opportunity is there and they can give it to me, why not take advantage of it?" the illegal alien responded. Several of the illegal aliens told WTHR they were told it was legal for them to claim the tax credit for a child who does not live in the United States. According to Russell George, the United States Department of Treasury's Inspector General for Tax Administration (TIGTA), the IRS has known about this scheme for years.

    "The magnitude of the problem has grown exponentially," he said. George has repeatedly warned the IRS that additional child tax credits are being abused by illegal aliens. In 2009, his office released an audit report that showed ITIN tax filers received about $1 billion in additional child tax credits. Last year, the inspector general released a new report showing the problem now costs American tax payers more than $4.2 billion.

    What George finds even more troubling is the IRS has not taken action despite multiple warnings from the inspector general. "Millions of people are seeking this tax credit who, we believe, are not entitled to it," said the Inspector General. "We have made recommendations to the IRS as to how they could address this, and they have not taken sufficient action in our view to solve the problem."

    The IRS tells WTHR it can do nothing to change the current system unless it gets permission from Congress. In other words, according to the IRS, closing the loophole would require lawmakers to pass a new law specifically excluding illegal immigrants from claiming additional child tax credits. Congressman Dan Burton (R-Ind.) is frustrated and ready to act.


  4. Brittanicus

    Illegal Immigration, tax fraud and future laws
    Weighing oral arguments last week in the U.S. Supreme Court, offered left little option to doubt that Arizona’s S.B 1070 that the Justice Department argument by Solicitor General Donald B. Verrilli, that federal government had sole jurisdiction over immigration? However Arizona’s attorney, former U.S. Solicitor General Paul Clement, has repeated insistently that the state is not seeking to do anything more than enforce federal laws that the U.S. government isn’t managing. Clement argued that the law provides only for possible immigration law violators to be held to give the federal government the chance to step in and prosecute them. Over the last several years, states frustrated with the country's porous borders have discarded the long-held misconception that Congress is not liable for not confronting illegal immigration.

    A few states have passed laws to enable local police to address the problem. It is obvious there would be little need for the states of Arizona grabbing the headlines, Alabama, Georgia, Indiana and South Carolina and the rest of the 45 states being bled by the 20 million plus illegal aliens already here. No matter that the Pew Hispanic Center analysis of the numbers of illegal migrants is dwindling entering across the border? If you can even believe it’s true? The outcome of Arizona’s battle with the Obama administration could be a pivotal point in the states rights to enforce immigration statutes, which will protect their citizens from court ordered unfunded mandates.

    NumbersUSA, organization with over a million members reported this today: THIS WILL TURN YOUR BODY RIGID WITH ANGER AND FRUSTRATION.

    Just released by Eyewitness News of Indiana's WTHR TV has revealed massive tax loophole that provides billions of dollars in tax credits to illegal aliens and people living in foreign countries. The loophole is called the Additional Child Tax Credit. It's a fully-refundable credit of up to $1000 per child, and it's meant to help working families who have children living at home. Eyewitness News has found many undocumented workers are claiming the tax credit for kids who live in Mexico. A longtime Indiana tax consultant, who remains anonymous for fear of reprisal, came to 13 Investigates to blow the whistle about this nationwide problem involving illegal aliens who are filing tax returns.

    "We're talking about a multi-billion dollar fraud scheme here that's taking place and no one is talking about it," tax preparer said. The Internal Revenue Service says everyone who is employed in the United States, even those who are working here illegally, must report income and pay taxes. Because illegal aliens are not supposed to have a social security number, the IRS created the individual taxpayer identification number, ITIN. A 9-digit ITIN number issued by the IRS provides both resident and nonresident aliens with a unique identification number that allows them to file tax returns.


  5. Brittanicus

    "We're talking about a multi-billion dollar fraud scheme here that's taking place and no one is talking about it," tax preparer said. The Internal Revenue Service says everyone who is employed in the United States, even those who are working here illegally, must report income and pay taxes. Because illegal aliens are not supposed to have a social security number, the IRS created the individual taxpayer identification number, ITIN. A 9-digit ITIN number issued by the IRS provides both resident and nonresident aliens with a unique identification number that allows them to file tax returns.

    This ITIN number is backfiring in a big way. Each spring, many illegal aliens are now eagerly filing tax returns to take advantage of the Additional Child Tax Credit using their ITIN numbers to get huge refunds from the IRS. "We've seen sometimes 10 or 12 dependents, most times nieces and nephews, on these tax forms," the whistleblower told Eyewitness News. "The more you put on there, the more you get back." The whistleblower has thousands of examples, and he brought some of them to 13 Investigates. The examples show that the tax filers had received large tax refunds after claiming additional child tax credits for many dependents.

    WTHR spoke to several illegal aliens who confirmed it was easy to get the tax loophole credit. One of the illegal aliens admitted his address was used this year to file tax returns by four other undocumented workers who don't even live here. Those four workers claimed 20 children live inside the one residence and, as a result, the IRS sent the illegal immigrants tax refunds totaling $29,608. 13 Investigates asked the illegal alien why illegal aliens should receive tax credits for children living in a foreign country. "If the opportunity is there and they can give it to me, why not take advantage of it?" the illegal alien responded. Several of the illegal aliens told WTHR they were told it was legal for them to claim the tax credit for a child who does not live in the United States. According to Russell George, the United States Department of Treasury's Inspector General for Tax Administration (TIGTA), the IRS has known about this scheme for years.

    "The magnitude of the problem has grown exponentially," he said. George has repeatedly warned the IRS that additional child tax credits are being abused by illegal aliens. In 2009, his office released an audit report that showed ITIN tax filers received about $1 billion in additional child tax credits. Last year, the inspector general released a new report showing the problem now costs American tax payers more than $4.2 billion.

    What George finds even more troubling is the IRS has not taken action despite multiple warnings from the inspector general. "Millions of people are seeking this tax credit who, we believe, are not entitled to it," said the Inspector General. "We have made recommendations to the IRS as to how they could address this, and they have not taken sufficient action in our view to solve the problem."

    The IRS tells WTHR it can do nothing to change the current system unless it gets permission from Congress. In other words, according to the IRS, closing the loophole would require lawmakers to pass a new law specifically excluding illegal immigrants from claiming additional child tax credits. Congressman Dan Burton (R-Ind.) is frustrated and ready to act.

    Rep. Burton and dozens of other House Republicans have co-sponsored a bill that would essentially authorize additional child tax credits only for US citizens. House Resolution 1956 would require tax filers to provide a valid social security number to receive an additional child tax credit. "This rampant abuse of hardworking taxpayer dollars is just wrong," said Rep. Sam Johnson (R – Texas), who authored HR 1956. "It's time we close this tax loophole and put a stop to the child tax credit sham."


  6. Brittanicus

    HR 1956 has sat idle in the House Ways and Means Committee for almost a year.

    However, language from the bill is now included in a package of proposed budget savings measures that House lawmakers are expected to consider in May. While the budget package may have enough support to pass the House, it is expected to die a quick death in the Democratic-controlled Senate."This should not be a partisan issue because we're all concerned about saving taxpayer dollars and not wasting them on fraudulent things like this," said Rep. Burton.

    It is not just Republicans who are concerned about the issues; Democrat Senators have taken action as well.

    Last fall, Senator Claire McCaskill (D- Mo.) sent a letter to IRS Commissioner Douglas Shulman asking him to stop the agency's payments of additional child tax credits to undocumented workers. "This is deeply problematic and must be remedied," the senator wrote. "I'm a taxpayer, and the thought of me paying for 24 people who are living in one trailer boggles my mind, especially when you tell me most of them are still living in Mexico. That's unconscionable." said Rep. Burton.

    "It's cheating the American taxpayer," Burton said. "We all believe in humanity and humanitarianism, but we've got a $15 trillion national debt. We can't subsidize the whole world."

    As the Congress continues to wrangle over mandatory E-Verify, the Obama Administration has issued a statement that it is getting ready to introduce a big expansion of the electronic application. A second law to support The Legal Workforce Act H.R. 2885 is to amend the Birthright Citizenship Act of 2011 (H.R.140); the country cannot maintain in subsidizing billions of dollars being extracted from the 50 states? Bad politicians should be thrown out of office, not excluding state Governors, Mayors, Judges and all elected officials, and replace them with Fresh Tea Party leaders who will insure everybody gets their fair share of the American Dream and enforce all laws attributed to the Constitution and the Rule of Law. “NumbersUSA” is maintaining a data base of all related information and you should investigate their website for the latest news. In addition read the circulation of daily media from both sides of the aisle in Congress at “American Patrol”. Both these laws if enacted by Congress, if pushed by the voters would without doubt begin the repatriation of unknown numbers of foreign national back to their country of origin, by self deportation.

    Voters must stipulate from GOP House speaker, John Boehner (R-OH) and Dave Camp, (R-MI) the Chairman of the powerful Ways and Means Committee to stop blocking the 50-state E-Verify bill. They are disinclined to allow the E-Verify bill to stop illegal aliens from stealing Social Security numbers to obtain U.S. jobs. If you are really feeling vigorous, why don't you put in a call to one of Mr. Camp's offices: 202-225-3625 Washington, DC (Ways & Means) 202-225-3561 Washington, DC (personal office) 202-224-3121 Washington, DC (Capitol switchboard) 989-631-2552 Midland, Mich. (district office) 231-929-4711 Traverse City, Mich. (district office?)

    The ‘PEOPLE’S’ Constitutional Tea Party will enforce our immigration laws, that will represent the people, will introduce a well regulated farm bill so Guest Workers can arrive here and then mandatory depart after their contract expires, with no amnesty. That the farming and agricultural commerce will pay the benefits for their labor and not the state’s taxpayers. There will no importation of migrant poverty anymore, cutting off access to welfare, food stamps, and section 8 housing programs. Don’t need or should we accept any new low skilled workers, instead we need to supply our own citizens with more occupational programs. Further we must safeguard our voting system which has been compromised by the far left, its Liberal associates and Democrats. These entities those are adamant on allowing no states rights to demand the use of official picture ID to vote. Illegal aliens are voting and will again in local, state and federal elections. Another set of regulations to amend, would be a careful examination of the current visa system allowing around a million legal immigrants annually into the U.S. No further violation can be tolerated from businesses and we should only permit the highest brains in engineering, the sciences, mathematicians and computer technology professionals to immigrate.
    Copy and distribute freely


  7. [...] Read this entire article by Attorney Jeneba Jalloh Ghatt on Politic 365 [...]


  8. [...] Read the rest of this article by Attorney Jeneba Jalloh Ghatt on Politic 365 [...]


  9. Raymond Whetheral

    This is the way they think. If they can get away with it , they will . No morals , no honesty,
    no scruples whatsoever . It's all about them .

    These people MUST GO . End illegal immigration NOW >


  10. MGothoc

    The federal gov't will not do their Constitutional job to protect the borders. AZ tired of create's law to protect themsleves from people coming from south (who are what? 99% "hispanic") and some how this is racial profiling? How? If 99% of those illegally coming are hispanic, what common sense does it make to same stop a "Canadian" (unless he is driving a car that has been modified to carry hidden people) or some 60 year old "white" women in a wheel chair?? The writer playing the race card 99% of the time to write the racial charged essays does nothing but back the Obama type division of our country.


  11. Murphy

    Unequal enforcement of an otherwise valid law is arbitrary and capricious, and a violation of the due process clause of the Constitution. The law should be declared unlawful NOT to protect one illegal alien BUT to guarantee the Constitutional rights of us all. As Justice Benjamin Cardozo said of the exclusionary rule, "The criminal is to go free because the constable has blundered." Same with the Arizona Law if applied only to Hispanics.


  12. [...] Read this entire article by Attorney Jeneba Jalloh Ghatt on Politic 365 [...]


  13. [...] Read the rest of this article by Attorney Jeneba Jalloh Ghatt on Politic 365 [...]



Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>