June 28, 2006
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I must reiterate my paraphrase: Those who fail to learn from history will condemn the rest of us to repeat it. You may quote me.
June 19, 2006
The Mercury NewsCourt Decision Strips Foreigners' Rights
'In essence, he authorized a repeat of the Japanese
internment'
by David Cole[DAVID COLE is a law professor at
Georgetown University, and a volunteer attorney with the Center for
Constitutional Rights.]"What will they do to us if there is another attack?
Will they intern us like they interned the Japanese?"That is the most
common question I get when speaking about counterterrorism policies and civil
liberties to Arab and Muslim audiences. Until Wednesday, I assured them that
such a response was unthinkable. The Japanese internment during World War II is
so widely recognized as morally, legally and ethically wrong, I told them, that
it could not possibly be repeated.But after a decision by a federal
judge in New York, I'm no longer confident that I can be so reassuring.
Dismissing a case challenging the detention of Arab and Muslim foreign nationals
in the weeks after Sept. 11, U.S. District Judge John Gleeson ruled that it is
constitutionally permissible to round up foreign nationals on immigration
charges based solely on their race, religion or country of origin. What's more,
he said they can be detained indefinitely, even after they have agreed to be
removed to their home countries.In essence, he authorized a repeat of
the Japanese internment -- as long as the internment is limited to foreign
nationals charged with visa violations (a group that at last count numbered
about 11 million people).The case, Turkmen vs. Ashcroft, was filed on
behalf of Arab and Muslim foreign nationals swept up on the pretext of
immigration charges in the weeks after Sept. 11. Many initially were arrested on
no charges at all -- only to be served with immigration papers days, weeks or
sometimes months later. All were arrested in secret and hundreds were tried in
closed hearings that even their family members were not allowed to attend. . .
Comments (28)
I am beginning to understand ,and it hurts to the core ,that past injustice ,even when recognised as such ,does not in anyway preclude the possibility that it will be sanctioned at a later date...It means in simple terms that we can never look back on major advances in civil rights and assume we will always have them...it means each generation must be willing to assert them ,and at cost ( with regard to civil penalties)...this is a bitter pill to swallow.
so ture bekind
The noose is tightening and we really are refusing to recognize it. While this portion is aimed at a certain race so to speak, it is really tightening around all of us. And we smile and say "go get'em." Freedoms are being restricted and we are pretty much all happy about it. because so far, it doesn't appear that it is my freedom. But when we restrict the freedom of one group, we restrict all.
Tim
I'm curious, is 'arrested in secret' supposed to mean that all arrests should be televised?
Some of Cole's points are valid, though. We already have a system of discrimination based on country of origin: the immigration system which allows different numbers from different countries. That's a precedent, overturn it or abide by it.
If we know there are 11 million people with visa violations, why don't we just arrest them?
>>We already have a system of discrimination based on country of origin: the immigration system which allows different numbers from different countries. That's a precedent, overturn it or abide by it.<<
While this is true, that shouldn't be the precedent that allows a judge to permit people to again be placed in internment camps because their skin is a different color or they talk differently.
We've all (well, most of us) read the history and seen the photos. The japanese internment camps were not much better than the concentration camps of WWII, and the idea behind it as well.
BeKind: You're absolutely right. We can take nothing for granted. Some sage once said, "Eternal vigilance is the price of liberty." That's one reason I have my little blog.
OldMan: No. *sigh* "Arrested in secret" means essentially without due process. A normal arrest in America is public record. Arraignment court is public. The arrested person is allowed an attorney. The family knows where the arrested person is incarcerated, and said person is allowed phone calls and visitors. These public checks on totalitarianism are not available when a person is arrested in secret. "Arrested in secret" suggests the Gestapo or the KGB, where the arrested person was spirited off to a concentration camp or to the gulag, respectively.
Tim: You're essentially echoing Dietrich Bonhoeffer's famous quote: "They came for the Jews...etc." I posted a couple of months ago about reading the story of his life.
>>If we know there are 11 million people with visa violations, why don't we just arrest them?<<
The 11 million is, I'm sure a rough estimate. And we do arrest them, but selectively. For one thing, some of the "illegal aliens" figure out how to hide from arrest. More importantly, America is actually very conflicted about its illegal immigrants, as you (should) have seen from all the recent debate over Mexicans. The rich - those who run companies, those who hire nannies and gardeners, etc - LIKE the cheap labor and the fact that they don't have to pay withholding, FICA tax, unemployment compensation, worker's compensation, etc.
When you have a confluence of the two things - an immigrant who wants to escape detection here in America and an employer who desires cheap labor - you end up with a situation like one that I'm personally familiar with: a married couple - immigrants from South Africa, mind you - who run a bakery, and who have devised an elaborate system of subterfuge so that they can keep their relatively low-paid Mexican bakers, whom they have grown over the years to actually care about while profiting from the cheap labor.
No doubt that the US government, whether its Republican or Democrat dominated, does many things we would find appalling. I will suggest, however, that a melting pot such as we have in this country present unique problems. We must find a way to be safe, yet respecting everyone's rights. I have seen many of these actions discussed on Democracy Now and it truly is disgusting how the government does as it pleases.
RYP; Shame on you,America. At least put an effort into disguising the fact your lawmakers/politicians are nothing but a bunch of chicken-shit "fraidy-cats". Now,the great America,land of the free,sanctions going back to one of the most heinous acts in it's history. Having admitted that already,why don't you just pass on the public relations bullshit and get the white sheets out,grab some matches,and light 'em all up.
RYC ; Actually John, I don’t remember you complaining very much on xanga.I know you may have when responding to a question, but I think it’s better to answer a question honestly.
Anyhow, the advice and support you ‘ve brought to xanga far outweigh any puny complaint you may have voiced along the way.
And that is the way it should be for all.
Unfortunately…
Peace Scott
Peace Scott
Hey, Please pray for Marla tonight. Thanks, Monica
I've actually heard people (mostly right after 9-11) say that we should just "round up all the Arabs and put them in jail" - like they are all responsible for what a few terrorists have done! It's amazing how quickly people who preach vehemently against racism will become racist themselves when a few people from a certain group do bad things. It's a sin we all need to guard against (both personally and in society) with eternal vigilance!
Hey You.....
"Those who fail to learn from history will condemn the rest of us to repeat it."
I assume you're directing this at me?
I hope not.
I have a lot to learn and plenty of time to learn it.
And the will to, as well.
Thanx for visiting my site. I hope on your next visit, you might leave comments, suggestions or whatever is on your mind. Have a great week!
As for your post. I definately agree of what you're saying. Ever since 9/11 it turns out to be witches season for middle eastern people specially, muslins just because their culture and race are different among other issues. This type of racial profiling is absolutely unecessary. Why the government doesn't do a racial profiling with their own congressmen, senators and even the damm president and their families? I think they might be protesting, huh?
RYC: I have heard of it but never read it.
I kind of put it in my head at an early age to be as teachable as I could get myself to be around those who had the most experience.
John, thanks for the kind words. I will not disappear, I enjoy xanga too much. The people here are great. Sometimes it seems that I am on too much. When I see my son on-line 10 or 12 hrs a day (he was home alone yesterday) I begin to examine my own habits and have seen I need to change. I do want to attempt to address your "real" question about being born in sin. I think there is a reason for it. It just may take a bit for the thoughts to gel. #3 in 1953? Were you joking or is that for real?
Tim
This is a very painful reality to face. As much as we can look at the past and acknowledge its wrongs, we still are easily herded into doing it again. All we need is someone who can lie, frighten us, and convince us that it is necessary and different than what happened before, and we find ourselves becoming what we loathed in the past. Your quote is powerful and true to the core.
ryc: Thank you so much for your kind words... they are so encouraging. I am happy to have such dear friends here in xanga land. The soapbox is there, every once in a while is doesn't load like it should.
I'm not surprised by the ruling, although I don't think you can hold the judge accountable...All judges seem to follow precedent...so if that was the law in the 40s and it was never changed, than that is the law now, unfortunately. And you know, I never remember...did Patrick Henry say "Give me absolute safety or give me death?" or did he say "Give me LIBERTY or give me death?" *snark*
Darn it...I just reread my comment and I don't mean that you can't hold the judge accountable...of course he's accountable...he should be able to recognize that it's an obsolete and crap law. I meant that most quiver in their shoes and refuse to step out of the box...and they rely on precedent as their saving graces. Does that make more sense now?
Hi again...
I don't consider myself pessimistic or negative person. I'm a realistic person. I know what's going on not only in this country but my life as well. I have my principles and my issues concerning honesty even though people doesn't consider it. I live in a greedy nation that don't care if you see a homeless veteran or a single mother on the street they rather spit on them, set them on fire or nagging them to get a job instead of recieving help.
I have and Associates Degree as Executive Secretary. The reason why the hell I can't work in a office? My nationality and color of my skin, pure and simple. Even if you don't know, I went to the job service in Idaho and this jackass motherfucker wants to help me under the condition of changing my accent. In other words, they want me to be assimilated otherwise they would put my applications and resumes on the trashcan. I really have enough for over 6 years that I would say proudly I'm Puerto Rican, not American, unless they treat me like an equal.
ryc: I like cold peanut butter.
A weeeeeee bit tenacious aren't ya? lol
~Namaste~
)0(
CrimsonWings (A Goddess in the making!)...A continuous work in progress!
NOOOOOOOOO..
I like hearing what you have to say.
A good argument gives me reason to keep on writing.
And no, it wasn't directed towards just you, I kept getting nasty emails from people who don't like what I have to say. And I was getting tired of it, so I wrote that blog.
I'm sorry if I made you feel that way..
but also, I can rationalize my opinions and I always like to..
but I feel like people shouldn't have to rationalize what they believe in their hearts.
That's just me.
Sorry for the confusion!
By the way, I was feeling extremely bitchy that day.
Work.
ryc: Marla's doing a lot better, she's just kind of weak. I think the medicine they had her on when they did some tests made her sick, but now it's all out of her system.
Thanks for asking!
RYC: yeah, I finally used the script to disable 'em. Wheeeeeeeeee!
Comments are closed.