And then I found this:
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For my internship at the SLC Immigration Court and Immigration Law Class, I’ve spent the past four months intensely studying the federal Immigration and Naturalization Act (INA) that controls immigration issues into this country. I’ve become more aware than ever of the inherent contradictions in existing laws that have incentivized illegal immigration.
For example, say an illegal immigrant in Utah marries a U.S. citizen. The U.S. citizen can then petition for their spouse to get a visa to be here legally. However, the immigrant must go back to their home country to pick up the visa at their country’s U.S. counselor’s office. But under the current INA, if an illegal immigrant leaves the U.S., they automatically receive a 10 year bar preventing their return. So because people don’t really want to wait ten years to be with their loved ones again, they are forced to wait in the shadows until the INA changes.
Another example is the number of work visas that are available every year. The Department of Homeland Security released their Annual Flow Report a few weeks ago that said last year 144,034 work visas were issued, compared to 747,413 family sponsored visas. Of those work visas, only a few thousand were issued to low skill workers. But there is a demand for hundreds of thousands of low skill workers to work in farming, construction, cleaning, etc.
The policy idea behind this is we want American jobs to go to Americans. But the policy doesn’t consider whether Americans want those jobs. Thus is born the inequality between the demand for workers and numbers of visas available.
Thousands of illegal immigrants are now in our country, but contrary to popular belief, they are not generally criminals. The Immigration Policy Center in 2007 issued a statistical study finding that Immigrants have lower incarcerations rates than natives, even among those who are high-school dropouts. Immigrant groups generally have larger incarceration rates once their children become assimilated. Studies like this one suggest that fears of illegal immigrants maybe greatly exaggerated.
But while the danger of illegal immigrants may be exaggerated, many people view it as a serious problem that must be dealt before it gets any worse. In recent years, many states, including Utah, have passed discriminatory legislation to attack the scourge of illegal immigration.
The new Arizona state anti-immigration law, SB 1070, makes being an illegal immigrant a state crime. It requires police to stop those whom they have a “reasonable suspicion” of being here illegally, and requiring everyone to carry documents showing proof of legal residency. If they are not carrying documents to demonstrate their legal status, the police can arrest them. It also enables citizens to sue police officers for not effectively enforcing the law.
The law is unconstitutional for several reasons. First, it is a violation of the Supremacy Clause of the Constitution which basically states that when there are conflicting State and Federal laws, the Federal law is supreme. Because the federal INA already makes illegal immigration a federal offense, states cannot make it a state crime. Thus the state law is unconstitutional for its preemption of federal law.
The other major reason why the law is unconstitutional is because of its discriminatory intent and effect on Hispanics. The law, while facially neutral, is intended to target Hispanics. And this discriminatory effect is a violation of the 14th Amendment’s Equal Protection Clause.
In my Counterterrorism class we have learned about how the public will look to leaders in times of crisis to quickly address the problem. Elected officials have a responsibility to protect their people. However, if the leaders act quickly on instinct and don’t carefully think through the implications of their policies, their decisions can lead to violations of individual rights. Conversely, if the leaders don’t do anything to act, they will appear weak, and the people will look to leadership elsewhere.
Unfortunately, the Governor of Arizona wasn’t looking to the long term effects of her signing the law, but was instead focused on the short-term goal of only getting re-elected. Soon Arizonans, both legal and illegal, will begin to have their rights be violated.
I sincerely hope that Congress will have the courage to amend the INA in ways to fix our broken immigration system. I hope that our elected officials will make correct decisions, not just for short-term political gains, but for the long-term benefit of all Americans. And if the current leaders are incapable of effecting these changes, I hope that voters in November will elect new ones who will make responsible changes.
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I love Jimi Hendrix’s music. His creative approach to playing the guitar forever changed rock ‘n roll for the better.
A new Hendrix album came out a few weeks ago called Valleys of Neptune. Comprised of previously unreleased music, simply put, it’s awesome. I can’t stop listening to it!
Here’s a music video to accompany the new album:
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Tomorrow the new Gorillaz album Plastic Beach comes out, which I’m really excited for. Gorillaz creator, Damon Albarn, from the British band Blur (most famous for Song #2 or “Wahoo!”), originally came up with the concept of an virtual rock band in response to his disgust with modern music. At the height of the consolidation of the radio/music industry and the bland bubblegum reigns of Brittney Spears and N’Sync, Albarn wanted to make an album showing just how creative music should be.
The animated video for Clint Eastwood was a huge hit, for good reason. Blending hip-hop and alternative rock, it was a breath of fresh, independent air.
The other songs from their debut album, Gorillaz, featured a diverse blend of styles and lyrics in English, Spanish and Japanese. One of my other favorite videos from the album was for 19-2000:
The Grammy award winning second album, Demon Days, was produced by Dangermouse, also famous for the Beatles/Jay-Z mashup “The Grey Album” and Gnarls Barkley. The album was a huge success, and the track “Feel Good Inc.” featuring De La Soul became synonymous with Apple’s iPod through extensive advertising.
By the way, Dangermouse’s video for Encore with Ringo scratching and John Lennon break dancing is simply fantastic.
Gorillaz’s newest video Stylo, features Mos Def, Bobby Womack, and Bruce Willis.
“Our schoolchildren have been robbed," said Rep. Chris Herrod, R-Provo.
Herrod asserts that, despite Supreme Court rulings to the contrary, the state is "sovereign" over lands in its boundaries and has power to reclaim those that the federal government did not acquire with state approval. He concedes that Utah gave up claims to federal lands at statehood, but said the federal government has broken its pledge to put the state on "equal footing" with other states by keeping more than two-thirds of the state in federal ownership….
Rep. Kraig Powell, R-Heber City, said the potential advantages of a court victory are worth the risk of defeat and loss of legal fees.When they say “Constitutional attorneys”, I’m afraid that’s going to include the Supreme Court Justices and any other judge who would hear this case. I doubt they would even accept the appeal.
"We may very well be termed crazy somewhere by constitutional attorneys around the country," he said, "but every argument that was once asserted by someone had to be started by someone."
“"Most of the land is not in production. We cannot tax it and it cannot provide for us," Herrod said. "But the rewards of going after that land are in the billions and billions. I am not a gambling man, but if someone were to say I could put a quarter in a machine and had a chance to get a billion dollars, I would put that quarter in.”With our state facing a very serious budget crisis this year, this is not the time to put quarters in any gambling machine.
This semester I am enrolled in a Counter-Terrorism class at my law school. The class teaches us about how various countries respond to terrorist attacks and their policies for dealing with threats.
Each year class members participate in an all day simulation where they respond to a simulated terrorist attack somewhere in the United States. This years simulation will be on March 19th. I along with everyone in my class will have a different role (such as President of the United States, Secretary of Defense, Attorney General, etc.) to make the event as realistic as possible.
I can't tell you what my role is yet, but it will be really cool. All of this will be filmed and broadcasted live on the internet, so you can watch me save the country from the comfort of your own home.
The purpose of this event is to help law enforcement, government and other counter-terrorism policy makers around the country and world better prepare for terrorist attacks and develop effective policies to respond to threats. The goals is to help leaders around the world better protect citizens while avoiding violations of human rights.
I will have more information about this event as March 19th approaches.
It’s really cool to think that I will be helping to influence the global community's future policies toward terrorism.
Feel free to share this with anyone who would be interested.
It’s been a few weeks since I last posted. I’ve been extremely interested/disturbed in some news reports recently, especially regarding the Utah State Legislature. Here are some interesting articles I’ve read recently: