Showing posts with label IMMIGRANTS. Show all posts
Showing posts with label IMMIGRANTS. Show all posts

Monday, June 06, 2011

I am coming back...Get ready Anti Immigrants..


To those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice..." -Isaiah 10:1-2

Monday, January 17, 2011

I have a Dream. Russell Pearce's SB1070 Attracts Nazi Tourists



Hate speech is, outside the law, any communication which disparages a person or a group on the basis of some characteristic such as race or sexual orientation. In law, hate speech is any speech, gesture or conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group. The law may identify a protected individual or a protected group by race, gender, ethnicity, nationality, religion, sexual orientation, or other characteristic. In some countries, a victim of hate speech may seek redress under civil law, criminal law, or both. In some countries, such as the United States, hate speech laws have been held to be incompatible with free speech but has been protected by politicians and Law enforcement officials.

Sunday, March 28, 2010

New Beginning.. Starting all over..




The whole world's broke and it ain't worth fixing
It's time to start all over, make a new beginning
There's too much pain, too much suffering
Let's resolve to start all over make a new beginning.

Now don't get me wrong I love life and living
But when you wake up and look around at everything that's going down
All wrong
You see we need to change it now, this world with too few happy endings
We can resolve to start all over make a new beginning. Can we?


Respect the religious beliefs of others.

The Way to Happiness is comprised of 21 precepts, each one predicated on the fact that one's survival depends on the survival of all others—and that without the survival of others, no joy and no happiness are attainable.

Thursday, August 27, 2009

How could affect Immigrants the closure of 300 post offices?



The U.S. Postal Service announced this week that it is offering up to 30,000 employees a $15,000resignation bonus to leave their jobs. The initiative would cost the USPS $450 million but could save another $500 million over the next fiscal year and a possibility of a major delays on the process of delivering mail on the peak season (Christmas).

Trimming back and going lean. It's like the Richard Simmons diet, for the post office.

And this no-carb plan offers participating employees an initial payment of $10,000 in the coming October followed by $5,000 in October 2010. Desk clerks, distribution center mail handlers and clerks, and motor vehicle technicians are eligible for the resignation bonus program. And they have until September 25th 2009 to decide.

The slow economy is not the only factor that has motivated the cutting measures. With increasing online and electronic communications, the USPS has already been experiencing a steady decline in mail deliveries. That decline paired with advances in technology, automating more aspects of the postal collection and sorting process, have created the need for fewer employees. In the current year alone, mail volume has dropped 12.6 percent. And if a $2.4 billion third-quarter loss wasn't difficult enough news, the projection of $7 billion as the total year's loss gives perspective for the job eliminations.

The resignation bonus is one of several cost-lowering efforts that also involved closing 300 post offices across the country, cutting over 100 million work hours, and mandating hiring and salary freezes for top executives.

The USPS negotiated the plan with workers unions, American Postal Workers Union and the National Postal Mail Handlers Union.

The success of the plan will be telling. If it meets a positive response, it could spark a re-emergence of the USPS---perhaps a leaner, greener machine equipped to adapt to the country's changing needs. And a best-case scenario for resignation bonuses in the Post Office could serve as a catalyst for other similar incentives in other government agencies.

The Postal Service lost $2.4 billion during its third quarter and forecasts a $7 billion year-end loss, according to figures released earlier this month. The financial woes can be tied in large measure to roughly $7 billion in mandated payments to fund current and future retiree health benefits. Postal officials say they will not make the payments for future retiree benefits if it faces an expected cash shortfall next month.

The decision to offer buyouts comes amid several other cost-cutting moves. The Postal Service may close about 300 post offices across the country, mostly in dense urban areas, while selling off other expensive, but underused, retail locations. It has already cut more than 100 million work hours this year, equal to 57,000 positions. It mandated a nationwide hiring freeze and salary freeze for top executives, stopped post office construction projects and closed six regional offices.

US has barred HIV-positive travellers and potential immigrants from entering the country since 1987.



An Aug 16 rally in support of lifting all travel restrictions on HIV positive visitors to the United States took place at the Peace Arch at the Canada-US border. Canadian Martin Rooney, who was denied entry into the United States in 2007 because he is HIV positive, organized the event. “Please Mr Obama lift this ban now,” said Rooney to approximately 30 attendees. “There is no medical science to support that HIV is a contagious disease that presents a threat to public health or national security of the United States.” He said the immediate publication of new regulations removing remaining travel restrictions would be “an enormous step forward” in treating HIV positive people with the dignity they deserve.”Former US president George W Bush lifted an outright ban in 2008, but HIV positive visitors are still required to submit a waiver before entering the United States. On World AIDS Day 2006, Bush instructed the secretary of homeland security to “initiate a rulemaking that would propose a categorical waiver for HIV-positive people seeking to enter the United States on short-term visas.”At the time, AIDS activists were cautiously optimistic but wary about what shape the new rules would take.The US has barred HIV-positive travellers and potential immigrants from entering the country since 1987. Congress codified this policy in 1993, as part of the Immigration and Nationality Act (INA), meaning it would take an act of Congress to reverse the ban completely.Under the new rules, waiver applicants would have to agree to give up the ability to apply for a change in status while in the US, including applying for legal permanent residence.Applicants would also have to travel with all of their HIV meds needed during the trip, prove they have medical insurance accepted in the US, and prove they won’t engage in behaviour that might put the American public at risk.David Parsons, who enjoys travelling to Seattle to watch professional sports, spoke about his experience with the new waivers. “Once you figure out the process, it takes maybe five days to get [the waiver],” he said. “It’s pretty easy and it costs $135. It’s not the best but it’s an improvement. You just go to an American consulate website and click on visa and you just follow the instructions from there.”But Rooney opposes the waiver on principle.“If I have a contagious disease of significant public threat to the United States and its people then $135 US doesn’t make me any less of a threat,” he said. “So on those grounds alone I will not apply for the United States waiver.”The restrictions, according to many rally attendees, serve as a reminder of the stigma faced by people living with HIV and AIDS. Sonia Marino, who works for an AIDS service organization, says she knows many people who face discrimination at the border due to their perceived HIV status.

Wednesday, April 22, 2009

African American, Immigrant and Refugee Forge Common Agenda.




In just three days, the lie that said that U.S. born African Americans reject humane immigration reform was utterly destroyed. In Baltimore, MD this weekend over fifty blacks from throughout the United States joined together to build the Black Immigration Network (BIN). The network will be made up of organizations and people of African descent who reside in the United States. Continue reading here:

On Earth Day, environmentalists must not link arms with anti-immigrant forces.




The goal of these anti-immigrant groups is to lure the environmental community into an America First-style immigration policy.

On Earth Day, the environmental movement in the United States must reject bigotry. It should not join hands with anti-immigrant groups.

These groups are trying to infiltrate the environmental movement and coopt its message. Continue reading here:

Thursday, February 26, 2009

Sheriff Arpaio must go.!!!!!!!!



Demand Justice- Sign the Petition

Should "America's Toughest Sheriff" get a free pass on his controversial tactics? Should he round up immigrants at traffic stops and force them to sleep in separate "Tent Cities" in the desert?

We think he should get investigated by the Department of Justice.


With over 2,700 lawsuits against him, a history of virulently anti-immigrant and anti-Latino tactics, and 40,000 felony warrants outstanding in his jurisdiction, Arpaio has fostered a climate in which real criminals roam free while hard-working immigrants live in fear. America's Voice is calling on the U.S. Department of Justice to begin a federal investigation into his tactics, giving Sheriff Arpaio the attention he really deserves.



Demand an investigation from the Department of Justice:


Honorable Eric Holder
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530



We, the undersigned, respectfully request that you direct your office to investigate Sheriff Joe Arpaio of Maricopa County, Arizona, for gross civil rights violations in the name of immigration enforcement.

No official is above the law, and yet Sheriff Arpaio has engaged in racial profiling and civil rights abuses for years with impunity.

The case against the publicity-hungry Sheriff is well documented and horrifying. Joe Arpaio has made a mockery of our justice system by:

Relying heavily on racial profiling and double standards: routinely stopping drivers for minor violations and only forcing "Latino-looking" drivers to produce Social Security cards.

Engaging in sidewalk “crime sweeps” in low-crime communities – detaining those who cannot prove their citizenship status on the spot, while allowing dangerous felons to roam free.

Promoting horrifying detention conditions that have been condemned by health agencies and human rights organizations.

Arpaio’s prisons have been stripped of their health standards accreditation, the Mayor of Phoenix and other law enforcement officials have denounced the Sheriff's tactics, the Governor of Arizona has pulled some of his key funding, and over 2,700 lawsuits have been filed against him. Meanwhile, crime has surged. The Sheriff's office has over 40,000 outstanding warrants for real felons that it simply hasn't had time to tackle.

Mr. Attorney General, elected officials are subject to our nation's laws. Sheriffs should be held accountable for fighting crime, not rewarded for spreading fear. We request an immediate Department of Justice investigation into Sheriff Joe Arpaio and his appalling tactics.

Sign the petition here: America's Voice.

Thursday, February 19, 2009

Minuteman says Mexico did the 911 attack

See for yourself how minuteman are rant by ignorance and Anti Immigrant sentiment against Mexico and Mexicans.
They sure that 9/11 attacks were perpetrated by Mexico and Mexicans.. That's so pathetic that people claimed to be educated making those assessments..

Tuesday, February 10, 2009

When you write 'KKK' and let's shoot the n-word in the head' and use confederate flags, you can't hide behind a free expression law.

.


The NAACP told a UNC commission why a hate speech policy is needed throughout the UNC Systems' 16 schools.

This comes in light of racist graffiti that was painted on North Carolina State University's Free Expression Tunnel after Barack Obama was elected President.

The NAACP started its presentation to the commission by displaying a picture of one of those racist statements painted on the Tunnel that reads, "let's shoot the N****r in the head.'"

"When you write 'KKK' and let's shoot the n-word in the head' and use confederate flags, you can't hide behind a free expression law," said The Rev. William Barber, NAACP President.

The commission is tasked with deciding if the UNC System needs a policy on hate speech. On Monday, Dr. Barber made his case why he believes it's necessary. He said the incident at NC State is not justifiable as free speech.

"That speech is not merely offensive, it's threatening and it's not protected (under the First Amendment)," said Dr. Barber.

Barber said the UNC System needs to define how it will investigate hate crimes and what the penalities are. Also, he said, "we need a clear curriculum that teaches us more about how we must interface and be one community."

But Barber said this issue extends beyond NC State. It's something he believes boils down to peoples' mindsets.

"We may not be able to change their mind, but we need laws and regulations that will prohibit actions," he said.

Barber was allowed to address the commission alone today because he was unable to attend the public hearing earlier this month.

The commission's next meeting is February 9th at 1 p.m. at the Spangler Center. Commissioners will have to decide by the end of March whether to implement a hate speech policy. They are also taking a look at whether students should be required to take diversity traning courses.

Saturday, February 07, 2009

Illegals Immigrants draining social services? A lie or a Lie.!!


There is no such as Illegal Immigrant either someone as undocumented Immigrant caugh draining or commited any fraud against any social services. Why continue blaming them for God sake. This is the main problem in America. Some have eyes but cannot see," "Some have tongues but cannot speak the truth. They have ears but can't hear. That's where the problem is".

According to their 2008 SEC filings, the largest hospital chain in the U.S., the Hospital Corporation of America (HCA) - founded by the family of former Senator and Majority Leader Bill Frist; After his Senate career, Frist became a partner with health-care investment firm, and chairman of a nonprofit (????) charitable (???) foundation focusing on Global health initiatives and Education issues- reports that in 2008 about 49% of their revenues and 59% of their hospital admissions were Medicare and Medicaid "related." In 2007, HCA reported revenues of $26.9 billion, approximately $16 billion of which was paid for by American taxpayers.

What most people may not know is that HCA plead guilty to 14 felonies and was hit with a $1.7 billion fine – far and away the largest such fine in history - for Medicare fraud. These fines, it seems, were a minor bump in the road for HCA, on their way to grabbing hundreds of billions of American taxpayer dollars in the years to come. Doctors and hospitals reap the financial benefit of surgeries, whether they are warranted or not. American taxpayers, both in terms of Medicare/Medicaid payouts and higher insurance premiums, pay the real price. Source



A former Oklahoma pharmacist faces up to five years in prison on a federal fraud charge for making a false claim to Medicaid.

Sentencing for Gary Wayne Nichols, 33, is expected in the next 60 days, said Bob Troester, spokesman for the U.S. attorney’s office in Oklahoma City.
Nichols was charged in September with one count of making a false claim, and pleaded guilty to the felony in November. As part of a plea deal, he’s agreed to pay $180,000 in restitution, said his attorney, Jean Paul Bradshaw.
Bradshaw said his client wants to take responsibility for his actions.
"He’s a very hard-working guy who got caught up in what he was doing and made some mistakes,” he said. "He’s sorry for what he did and is trying to make amends.”

Billed Medicaid $339,436 for prescriptions for nursing home patients that were not prescribed or filled.

Bought $100,000 in drugs for $25,000 in the parking lot of one of his pharmacies and tried to use the drugs to fraudulently get a refund from a drug company. They belonged to a tribal health clinic.



Man had six pharmaciesT

he case stems from a 2006 investigation by the state Board of Pharmacy and the state attorney general’s office that resulted in Nichols losing his pharmacist license.
He was licensed in 2001 and had been owner or part owner of six pharmacies in Moore, Oklahoma City, Altus, Guthrie, Allen and Lexington.
John Foust, executive director of the Board of Pharmacy, said Nichols’ case is one of the larger fraud cases investigated by his office.
Nichols lost his license and was fined $11,000 by the board.

Thursday, February 05, 2009

Why are we remained Silent against Hate Crimes?.



Selma Goncalves, 20, was killed January 21, 2009 by an attacker in her Brockton apartment. Another woman was shot and is recovering and a third person, a 72 year old man Arlindo Goncvalves, no relation, was shot and killed by the attacker as he fled the woman's home. The attacker, Keith Luke age 22 of Brockton had set out on a mission of hate killings according to the police. He wanted to kill and many non-whites and jews as possible. According to Luke, his intended target after the murder of Goncalves was a synagogue in Brockton that was hosting a weekly Bingo game that draws hundreds. Luke was captured after a wild chase and shootout over three miles in the city of 90,000. Selma Gonsalves had come to Brockton a year ago from her native Cape Verde. Luke face multiple charges of murder and other charges.

ENOUGH IS ENOUGH.!!!!!!!!!!!

Why are we remained Silent against Hate crimes?.



Cape Verdean community mourns several People killed by Racial Hatred
Brutal Racial Murders in Brockton, Massachusetts

More than 50 mourners were at St. Edith Stein Church in Brockton this morning for the funeral Mass for Arlindo Goncalves, a 72-year-old city man who was shot to death last week during a killing spree that authorities said was motivated by racism,

Arlindo Goncalves, Cape Verdean Musician Killed, 72 years - Played Trumpet and Piano Keyboard on the Street.
Selma Goncalves, 20, was killed January 21, 2009 by an attacker in her Brockton apartment


Loving Father, Husband and Friend.

"Always a Happy Man, 72 years, Always a Lover of Music".
A Racial Murder Spree - Murderer also killed a Creole Woman.
Determined to kill as many non Whites as Possible.
I guess Cape Verdeans can be called Iberics or Hispanics because they speak Portuguese, so they speak a Latin derived language and can also be called Latinos.

Hispanic or Iberic Creole from Cape Verde ( Portuguese ) killed by Brutal Racist

More than 50 mourners were at St. Edith Stein Church in Brockton this morning for the funeral Mass for Arlindo Goncalves, a 72-year-old

Used, Abused, and Know treated as the worst Criminals. Outrageous.



There was all the symbolism necessary for the glory he seeks: hundreds of men dressed in prison stripes with pink underwear protruding from their waists,
surrounded by even more heavily armed guards and at a given moment an old man gave a signal and they were marched through a public street into a tent jail that would house only other men of their color and status surrounded by a high electrified fence... and the old man pontificated about the law...Chihuahua hasta cuando esto va a parar, This a reminder to all Latinos, Hispanics and those looks kinda a Mexican.
We need to stop the continues violation of our civil rights, we have been diminished day by day, they are killing us by their hatred emotions day by day, They are demonizing everyone just because we look kinda a Mexican....I ask myself what's wrong with being or look like Mexican? or that Racism?. Do you believe you have been attained or acquired equally rights as Hispanic or Latino?. Nooooooo. do you ever heard this comment from Real State Agents: Do not buy a house on this neighborhood; you will better off on Latino or Hispanic community. How many times do you hear this comments at Dealerships, You are not qualified for this loan because your credit is bad?; But someone else with the same credit or even worst get better rate and loan performance. We always have been used and abused, stereotyping, discriminated, demonized and racially segregated. We need to stop and send a clear message. Enough is enough. We are entitled to a same and equal rights like everybody else.

While on Immigration there are valid arguments on both sides of the issue, the debate has also been framed, at times, by vitriolic anti-immigrant – and particularly anti-Hispanic – rhetoric and propaganda. Purveyors of this extremist rhetoric use stereotypes and outright bigotry to target immigrants kinda look like Mexican and hold them responsible for numerous societal ills. Why?. see some of the vitriols arguments from Anti Immigrants groups:

1.-Describing immigrants as "third world invaders," who come to America to destroy our heritage, "colonize" the country and attack our "way of life." This charge is used against Hispanics, Asians and other people of color.


2.-Using terminology that describes immigrants as part of "hordes" that "swarm" over the border. This dehumanizing language has become common.


3.-Portraying immigrants as carriers of diseases like leprosy, tuberculosis, Chagas disease (a potentially fatal parasitic disease), dengue fever, polio, malaria.


4.-Depicting immigrants as criminals, murderers, rapists, terrorists, and a danger to children and families.


5.-Propagating conspiracy theories about an alleged secret "reconquista" plot by Mexican immigrants to create a "greater Mexico" by seizing seven states in the American Southwest that once belonged to Mexico.

Tuesday, February 03, 2009

Why blaming undocumented immigrants for draining social services?.


TWO AREA PHYSICIANS AMONG FOUR DEFENDANTS CHARGED IN THREE SEPARATE FEDERAL HEALTH CARE FRAUD SCHEMES.


CHICAGO – Two Chicago area physicians are among four defendants who have been charged recently in three separate, unrelated federal healthcare fraud cases, federal law enforcement officials announced today. Each of the physicians, who were charged in separate cases, allegedly defrauded either Medicare and/or private health care insurers – in one case for more than $13 million – by either billing for services they never provided or inflating the services they did provide to patients. In the third case, the operator and manager of two former suburban Chicago durable medical equipment providers allegedly defrauded Medicare and Medicaid by providing power wheelchair or orthotic devices that were not prescribed or medically necessary and the recipients were not qualified to receive.

Health care fraud remains an important priority of federal law enforcement. We will use all of our resources to ensure that dishonest physicians and other medical providers do not profit from cheating Medicare and private insurers,” said Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois.

Mr. Fitzgerald announced the cases, all three of which were charged or unsealed this week in U.S. District Court, with Robert D. Grant, Special Agent-in-Charge of the Chicago Office of Federal Bureau of Investigation; Lamont Pugh, Special Agent-in-Charge of the U.S. Department of Health and Human Services Office of Inspector General in Chicago; and James Vanderberg, Special Agent-in-Charge of the U.S. Department of Labor Office of Inspector General in Chicago. The Office of Personnel Management Office of Inspector General also participated in the investigations.

The defendants in all three cases were charged with one or more counts each of health care fraud. If convicted, each count carries a maximum penalty of 10 years in prison and a $250,000 fine.

The Court, however, would determine the appropriate sentence to be imposed under the advisory United States Sentencing Guidelines.

In each case, the public is reminded that charges are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The details of each case follow
:

United States v. Sushil Sheth

Dr. Sushil Sheth, a cardiologist with privileges at three unnamed Chicago area hospitals, was charged with health care fraud in a criminal information filed Wednesday in U.S. District Court.

Between January 2002 and July 2007, he allegedly received approximately $13.4 million – $8.3 million from Medicare and $5.1 million from other health care insurers – in fraudulent reimbursement for the highest level of cardiac care when those services were not performed, and then used the proceeds for his own benefit.

Sheth, 47, of Burr Ridge and whose business office is in Flossmoor, will be arraigned at a later date in U.S. District Court.

According to the charges, Sheth used his hospital privileges to access and obtain information about patients without their knowledge or consent. He then hired individuals to bill Medicare and other insurance providers for medical services that he purportedly rendered to patients whom he knew he never treated. Typically waiting almost a year after the treatment was purportedly provided, Sheth submitted false claims for reimbursement for providing the highest level of cardiac care – requiring hands-on treatment in an intensive care unit – on multiple days during patients’ hospital stays.

The charges seek forfeiture of approximately $13.4 million and two parcels of real estate in Scottsdale , Ariz. The Government has seized or restrained approximately $11.3 million in various bank and investment accounts held by Sheth and his wife.

The government is being represented by Assistant U.S. Attorney Steven J. Dollear. The case was investigated by the FBI and the Inspector General’s offices of the Department of Health and Human Services and the Labor Department.

United States v. Otto Garcia Montenegro

Dr. Otto Garcia Montenegro, a general practice physician who owned and operated a private medical clinic, Montenegro Clinic, Inc., in Elmwood Park, where he treated dozens of patients each week, was charged with health care fraud in a criminal information filed yesterday in U.S. District Court. Between early 2003 and May 2007, he allegedly submitted false health insurance claims totaling approximately $500,000 to Blue Cross Blue Shield of Illinois and other private medical insurance providers. The insurers paid Montenegro approximately $373,000 based on the false claims, the charges allege.

Montenegro , 47, of Elmwood Park , will be arraigned at a later date in U.S. District Court.

According to the charges, Montenegro did not collect deductibles and co-payments from patients and, instead, submitted hundreds of fraudulent insurance claims to insurers for services and treatments that he knew he did not actually provide in order to exhaust patients’ deductibles and copays and obtain money for himself. As part of the scheme, he allegedly created hundreds of bogus bills falsely identifying visits and treatments that never occurred.

The government is being represented by Assistant U.S. Attorney Jacqueline Stern. The case was investigated by the FBI and the Labor Department’s Office of Inspector General.

United States v. Stephen Anthony Pam and Shavon Keyona Williams

Stephen Anthony Pam, who controlled and operated two former durable medical equipment companies in suburban Chicago that supplied motorized wheelchairs, scooters, reclining lift chairs and orthotic devices, and Shavon Keyona Williams, who at various times worked as office manager or salesperson for both business, were each indicted on 34 counts of health care fraud for allegedly fraudulently billing millions of dollars to Medicare and Medicaid and other health care benefit programs.

Pam, 47, of Sugarland , Tex. , was arrested on January 23 in Houston after returning from a foreign trip. He remains in federal custody while being transferred to Chicago to face prosecution.

Williams, 30, of Chicago , will be arraigned at a later date in U.S. District Court. They were indicted by a federal grand jury on December 11 and the indictment was unsealed following Pam’s arrest.

Pam controlled and operated the former Alliance Healthcare Services & Medical Equipment, Inc., in Glen Ellyn , and the former Medlinc Concepts, Inc., in Oak Brook.

Between 2004 and 2008, the defendants allegedly falsely claimed to Medicare and Medicaid that power wheelchairs or orthotic devices were medically necessary for beneficiaries when they knew that physicians had not ordered or prescribed such equipment and that beneficiaries did not qualify to receive them under Medicare and Medicaid rules. As part of the fraud scheme, Pam and Williams allegedly submitted hundreds of claims for reimbursement to Medicare and Medicaid totaling more than $5 million, falsely stating that Alliance and Medlinc had delivered equipment to beneficiaries when they knew that either no equipment was actually delivered; beneficiaries received less expensive scooters or reclining lift chairs instead of more expensive power wheelchairs; or beneficiaries received orthotic devices that were less in quantity or Medicare-approved quality than what was billed.

In one aspect of the fraud scheme, the indictment alleges that between February 2005 and May 2006, approximately 99 percent of the Alliance claims submitted to Medicare and Medicaid were for power wheelchairs and accessories that were never supplied. These claims totaled approximately $4.7 million. Pam, through Alliance , allegedly received reimbursements from these claims totaling more than $1.8 million, and the indictment seeks forfeiture of that amount.

The government is being represented by Assistant U.S. Attorneys Felicia Manno Alesia and Ryan Hedges. The case was investigated by the Department of Health and Human Service’s Office of Inspector General and the FBI
.

Monday, February 02, 2009

Mexican Americans are entitled to equal protection under the Fourteenth Amendment?


Facts of the Case

Pete Hernandez, an agricultural worker, was indicted for the murder of Joe Espinoza by an all-Anglo (white) grand jury in Jackson County, Texas. Claiming that Mexican-Americans were barred from the jury commission that selected juries, and from petit juries, Hernandez' attorneys tried to quash the indictment. Moreover, Hernandez tried to quash the petit jury panel called for service, because persons of Mexican descent were excluded from jury service in this case. A Mexican-American had not served on a jury in Jackson County in over 25 years and thus, Hernandez claimed that Mexican ancestry citizens were discriminated against as a special class in Jackson County. The trial court denied the motions. Hernandez was found guilty of murder and sentenced by the all-Anglo jury to life in prison. In affirming, the Texas Court of Criminal Appeals found that "Mexicans are...members of and within the classification of the white race as distinguished from members of the Black Race" and rejected the petitioners' argument that they were a "special class" under the meaning of the Fourteenth Amendment. Further, the court pointed out that "so far as we are advised, no member of the Mexican nationality" challenged this classification as white or Caucasian.

Question

Is it a denial of the Fourteenth Amendment equal protection clause to try a defendant of a particular race or ethnicity before a jury where all persons of his race or ancestry have, because of that race or ethnicity, been excluded by the state?

Conclusion

Yes. In a unanimous opinion delivered by Chief Justice Earl Warren, the Court held that the Fourteenth Amendment protects those beyond the two classes of white or Black, and extends to other racial groups in communities depending upon whether it can be factually established that such a group exists within a community. In reversing, the Court concluded that the Fourteenth Amendment "is not directed solely against discrimination due to a 'two-class theory'" but in this case covers those of Mexican ancestry. This was established by the fact that the distinction between whites and Mexican ancestry individuals was made clear at the Jackson County Courthouse itself where "there were two men's toilets, one unmarked, and the other marked 'Colored Men and 'Hombres Aqui' ('Men Here')," and by the fact that no Mexican ancestry person had served on a jury in 25 years. Mexican Americans were a "special class" entitled to equal protection under the Fourteenth Amendment

In 1951 in the town of Edna, Texas, a field hand named Pedro Hernández murdered his employer after exchanging words at a gritty cantina. From this seemingly unremarkable small-town murder emerged a landmark civil rights case that would forever change the lives and legal standing of tens of millions of Americans. A team of unknown Mexican American lawyers took the case, Hernandez v. Texas, all the way to the Supreme Court, where they successfully challenged Jim Crow-style discrimination against Mexican Americans.

AMERICAN EXPERIENCE presents A Class Apart from the award-winning producers Carlos Sandoval (_Farmingville_), and Peter Miller (_Sacco and Vanzetti_, The Internationale). The one-hour film dramatically interweaves the story of its central characters— activists and lawyers, returning veterans and ordinary citizens, murderer, and victim — within the broader story of a civil rights movement that is still very much alive today.

The film begins with the little known history of Mexican Americans in the United States. In 1848, the Mexican-American War came to an end. For the United States, the victory meant ownership of large swaths of Mexican territory. The tens of thousands of residents living on the newly annexed land were offered American citizenship as part of the treaty to end the war. But as time evolved it soon became apparent that legal citizenship for Mexican Americans was one thing, equal treatment would be quite another.

“Life in the 1950s was very difficult for Hispanics,” Wanda García, a native of Corpus Christi, explains in the film. “We were considered second-rate, we were not considered intelligent. We were considered invisible.”

In the first 100 years after gaining U.S. citizenship, many Mexican Americans in Texas lost their land to unfamiliar American laws, or to swindlers. With the loss of their land came a loss of status, and within just two generations, many wealthy ranch owners had become farm workers. After the Civil War, increasing numbers of Southern whites moved to south Texas, bringing with them the rigid, racial social code of the Deep South, which they began to apply not just to blacks, but to Mexican Americans as well.

Widespread discrimination followed Latinos from schoolhouses and restaurants to courthouses and even to funeral parlors, many of which refused to prepare Mexican American bodies for burial. During World War II, more than 300,000 Mexican Americans served their country expecting to return home with the full citizenship rights they deserved. Instead, the returning veterans, many of them decorated war heroes, came back to face the same injustices they had experienced all their lives.

Latino lawyers and activists were making progress at state levels, but they knew that real change could only be achieved if Mexican Americans were recognized by the 14th Amendment of the U.S. Constitution — something that could only be accomplished by bringing a case to the Supreme Court.

In his law office in San Antonio, a well-known attorney named Gus García listened to the desperate pleas of Pedro Hernández’s mother, who traveled more than one hundred and fifty miles to ask him to defend her son. García quickly realized that there was more to this case than murder. The real concern was not Hernández’s guilt, but whether he could receive a fair trial with an all-Anglo jury deciding his fate.

García assembled a team of courageous attorneys who argued on behalf of Hernández from his first trial at the Jackson County Courthouse in Texas all the way to Washington, DC. It would be the first time a Mexican American appeared before the Supreme Court.

The Hernandez lawyers decided on a daring but risky legal strategy, arguing that Mexican Americans were “a class apart” and did not neatly fit into a legal structure that recognized only black and white Americans. As legal skirmishes unfolded, the lawyers emerged as brilliant, dedicated, humorous, and at times, terribly flawed men.

“They took a gamble,” says University of California-Berkeley professor of law Ian Haney-López in the film. “They knew, on the up side, that they could win national recognition for the equality of Mexican Americans, but they knew, on the down side, that if they lost, they would establish at a national level the proposition that Mexican Americans could be treated as second class citizens.”

The Hernandez case struck a chord with Latinos across the country. When funds to try the case ran out, the Mexican American community donated to the cause in any way they could, despite limited resources.

“They would come up to me and they would give you crumpled-up dollar bills and they’d give you coins. These were people who couldn’t afford it, but couldn’t afford not to,” recalled attorney Carlos Cadena, Gus García’s partner in the case.

On January 11, 1954, García and Cadena faced the nine justices of the U.S. Supreme Court. Cadena opened the argument. “Can Mexican Americans speak English?” one justice asked. “Are they citizens?” asked another. The lack of knowledge stunned Gus García, who stood up and delivered the argument of his life. Chief Justice Earl Warren allowed him to continue a full sixteen minutes past the allotted time, a concession a witness noted had not been afforded to any other civil rights lawyer before García, including the renowned NAACP attorney Thurgood Marshall.

On May 3, 1954, the U.S. Supreme Court announced its ruling in the case of Hernandez v. Texas. Pedro Hernández would receive a new trial — and would be judged by a true jury of his peers. The court’s legal reasoning: Mexican Americans, as a group, were protected under the 14th Amendment, in keeping with the theory that they were indeed “a class apart.”

“The Hernandez v. Texas story is a powerful reminder of one of many unknown yet hard-fought moments in the civil rights movement,” says AMERICAN EXPERIENCE executive producer Mark Samels. “It’s easy to forget how far the country has come in just fifty years, reshaping our democracy to include all Americans.”

The way we view and called Liberty in America.

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Opinions on what constitute liberty can vary widely, but can be generally classified as positive liberty and negative liberty. Positive liberty asserts that freedom is the ability of society to achieve an end. However, in modern time, liberty is generally considered to be the concept of negative liberty. This refers to an individual's liberty from being subjected to the authority of others. In this negative sense, one is considered free to the extent to which no person interferes with his or her activity. The social contract theory, invented by Hobbes, John Locke and Rousseau, were among the first to provide a political classification of rights, in particular through the notion of sovereignty and of natural rights. The thinkers of the Enlightenment reasoned the assertion that law governed both heavenly and human affairs, and that law gave the king his power, rather than the king's power giving force to law.
In the United States, more than 200 towns and counties are called Liberty. In this past historic election year, a new documentary explores the messy business of America's most celebrated value in a number of ways and places.

You are on Indian Land.By Mort Ransen 1969.

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The film shows the confrontation between police and a 1969 demonstration by Mohawks of the St. Regis Reserve on the bridge between Canada and the United States near Cornwall, Ontario. By blocking traffic on the bridge, which is on the Reserve, the Indians drew public attention to their grievance that they were prohibited by Canadian authorities from duty-free passage of personal purchases across the border, a right they claim was established by the Jay Treaty of 1794.

Tuesday, January 27, 2009

A trail of a Joke comes to a Reality. Canada deports disabled U.K. Citizen.


::: BREAKING NEWS :::
In 2009 the government will start deporting
all the mentally ill people.
I started crying when I thought of you.
Run my little crazy friend, run!

Well, what can I say?? Someone sent it to me, and I'm NOT going alone !!


I receive this email that it may offend some people like me but many found it to be so funny. You will said that I do not have a sense of Humour but you are wrong; I believe we should not be laughing on behalf of the people who needs us the most, people who needs our care, our compassion, our support, our understanding and we needs to change our inmoral behavior to be more Humane. I understood from the beginning that Canada was a Green, tolerant, modern thinking, progressive nation....how wrong. Shame on you Canada.!!!! This is why I am ashamed and disgusted from this joke comes to a reality for people who needs us the most. See for yourself and do not forget about Pedro Guzman mentally disabled U.S. citizen who was mistakenly deported to Mexico.

Canada deports disabled U.K. citizen

A British man who was injured while working in Canada has been deported because authorities concluded keeping him in the country would be an economic burden for taxpayers.

Chris Mason, 36, was ordered deported to the United Kingdom after Canadian immigration officials determined that granting the wheelchair-bound man permanent resident status would create an undue economic burden.

Border services agents took Mason to Winnipeg's James Richardson International Airport on Monday and put him on a flight to Manchester. Several of Mason's friends were at the airport to give him money and his belongings — but they were barred from seeing him. Mason had been in detention since last Wednesday.

Mason said he had no desire to return to England where he hasn't lived since he was a child. He lived with his father in Greece before coming to Canada in 2001.

Once here, he began working as a truck driver in Ontario and British Columbia before settling in Winnipeg. The long-haul trucker became a paraplegic after damaging his back on the job.

Mason was further injured in 2007 when he was hit by a taxi while leaving hospital and has been unable to work since.

He had been living in Canada illegally without a visa for more than two years and had been collecting social assistance while battling Manitoba's Public Insurance Corp. over injury benefits when his application for permanent resident status was denied.

"You'd think he was a terrorist," said his mother Gillian Kilford from Manchester. "He was injured during the course of this work. After a period of readjustment he went back to work. He paid taxes in Canada."

She said her son would face hardship finding wheelchair accessible accommodation in Britain. Her son would not be able to negotiate the stairs in her home, she said, adding she had no idea Monday where or when Mason would arrive back in the U.K. since no one from the Canada Border Services Agency had contacted her to make arrangements to greet him at any U.K. airport. "I expect they'll just dump him at immigration," she said.

Advocates for the disabled have been lobbying for Canada to amend the Immigration Act, removing a clause that says anyone who might cause undue economic demand on the social welfare system can be denied the right to live here.

Refugees, who can be injured before being admitted to Canada, are excluded from the "excessive demand" clause in the Immigration Act, but the clause applies to everyone else.

"The Immigration Act frankly prohibits people with disabilities from immigrating to Canada," said Laurie Beachell of Disabled People's International. "The effect would mean people like Stephen Hawking, world-renowned physicist, brilliant man, could never become Canadian