Alice Walker Absolutely Does Not Want Alicia Keys to Perform in Israel

Alice Walker Absolutely Does Not Want Alicia Keys to Perform in Israel

Alice Walker and Alicia Keys are two well-known black female artists whose work exists in very different worlds. Walker is a renowned author and outspoken activist and Keys is a Grammy-winning recording artist. That’s all to say that, generally speaking, their paths don’t cross much. But on Wednesday, Walker released an open letter to Keys in which she tries to get the singer to consider the political consequences of an upcoming performance in Israel. And she throws some serious shade.

Walker writes:

Study: Immigrants Put Billions More Into Medicare Than They Use

Study: Immigrants Put Billions More Into Medicare Than They Use

Conservative arguments against immigration reform took another blow yesterday with the release of a new study about immigrant contributions to the federal safety net. According to a new study published in the journal Health Affairs, immigrant communities contribute billions more to the Medicare Trust Fund than they use. And since the opposite is true of the U.S. born, immigrants are paying for everyone’s grandmother’s healthcare.  According to the data, this will remain true for decades to come.

The new findings should come as a bit of an embarrassment to fiscal conservatives who are threatening to hold up or derail the immigration overhaul over stated concerns about health care costs.  The L.A. Times reported last week that Republicans in the House hoped to include language in an immigration bill that would lead to the deportation of immigrants who failed to pay hospital bills. The new data makes quite clear that immigrants are already paying those bills, and some.

The article in Health Affairs figures expenditures from naturalized, documented and undocumented immigrants left nearly $14 billion in Medicare Trust Fund surplus in 2009.  That’s in contrast to $31 billion in deficit from U.S. born people who paid in less than they used.  Between 2002 and 2009, immigrants produced $115 in Trust Fund surplus. 

This surplus is mostly because immigrants tend to be younger, working age adults who contribute more than their share to payroll taxes.

“Most of the surplus from immigrants was contributed by noncitizens and was a result of the high proportion of working-age taxpayers in this group,” the from Harvard and The City University of New York researchers wrote.

The authors add that immigration reform will expand this number of workers who labor in the formal economy and pay these taxes.

“Policies that restrict immigration may deplete Medicare’s financial resources,” the authors wrote.

The report is the latest to establish that immigrants and immigration are good for the overall economy. Everyone except the Heritage Foundation and its minions seems to agree. In fact, the Heritage Foundation’s latest report on the fiscal costs of immigration and immigration reform has been widely discredited on methodological grounds and because its co-author wrote a Harvard thesis arguing that immigrants aren’t as smart as native-born people. That revelation made bluntly clear that fiscal arguments against immigration are more about cultural and racial anxiety than they are about cost. The new data from Health Affairs should help nail shut the Heritage report’s coffin.



George Zimmerman Legal Team Asks Public for Cash

George Zimmerman Legal Team Asks Public for Cash

George Zimmerman is set to go on trial to face charges for the fatal shooting of Trayvon Martin next month but he’s out of money and has turned to his website to raise funds. 

Zimmerman’s attorneys posted on their website Wednesday that his defense fund had less than $5,000 left. The fund had almost $315,000 in January.

“We’ve calculated that we need another $120,000 to give George the defense he deserves,” the lawyers wrote  “At the barest minimum, we need $75,000 to give George a fighting chance.

“Had we declared indigency, George’s defense would end up costing Florida taxpayers more than $1,000,000. As it stands now, with a little extra support, we’re going to get through trial for less than half that figure, and we’ll have done it, not with taxpayer funds, but with the money generously donated by people from across the country who believe George is innocent and that he is being wrongly prosecuted,” the post says.

According to the website, neither of the lawyers, Mark O’Mara and Don West, have been paid for their services.

On Thursday morning Zimmerman’s website announced they had raised $12,000 on the first day of the latest fundraising campaign. 

Sheriff Joe Arpaio Will Appeal Racial Profiling Decision

Sheriff Joe Arpaio Will Appeal Racial Profiling Decision

In a video statement yesterday, Sheriff Joe Arpaio of Maricopa County, AZ said he would appeal a major federal court ruling from last week that ordered an end to practices of racial profiling.  The decision from Judge Murray Snow of U.S. District Court in Phoenix, was a major blow to the Sheriff who has made a career as a flamboyant anti-immigrant force who admits to targeting Latinos during neighborhood sweeps and traffic stops.

“We will appeal this ruling,” Arpaio said yesterday (see video above).

In the meantime, Arpaio said that he ordered his deputies to stop detaining undocumented immigrants solely because of their immigration status. “[T]he court’s order is clear,” he said. “We will no longer detain persons believed to be in the country without authorization whom we cannot arrest on state charges.”

But the impact of the ruling in the Melendres v. Arpaio case is not yet clear. Though the court issued an immediate injunction against unconstitutional practices of racial profiling, Arpaio’s statement suggests he may continue to target immigrants under the pretense that they’ve broken state laws. Arpaio’s 800 deputies regularly stop and arrest Latinos in Maricopa County by citing state laws written to target immigrants, including one anti-human smuggling law that makes it possible for the county to charge individuals with smuggling themselves into the country.  

This shiftiness leads many to wonder about the impact of the injunction. “We’re going to have to wait and see what happens,” says Carlos Garcia, an organizer with Puente Arizona. “For people to be able to go to work without fearing that they are not going to be stopped or raided would something amazing.”

In his statement, Arpaio also shifted blame for his department’s profiling practices to the federal government.

“One hundred of my deputies were authorized and trained by the federal government, ICE, to enforce federal immigration law,” he said. “Now, a federal court has ruled that federal training was unconstitutional, and it led to racial profiling.”

Maricopa County deputies were indeed trained by federal officials to act as immigration enforcers through the 287(g) programs and were instructed they could use race as a factor in making stops, according to the decision from Judge Snow. But while the federal government helped empower Arpaio’s worst practices, when the 287(g) terminated the agreement, Arpaio continued to detain immigrants and changed his justification saying that he had inherent authority to enforce immigration laws.

Garcia and other advocates are also concerned about the thousands of people who Arpaio has already arrested.  

“Who knows how many people have been illegally detained and arrested who’ve ended up with criminal convictions or removed,” said Cecillia Wang, an attorney with the ACLU, which brought suit. “Our case really was looking for injunctive relief to bring an end to the policy and practice of targeting Latinos and detaining people because of immigration status.  But this decision does not have any direct impact for people already facing changes.”

Litigants will head to court again on June 14th when Judge Snow will outline next steps to remedy the illegal profiling practices. These could include the introduction of an independent monitor and data collection requirements. 

Ten Members Of Congress Urge Washington Redskins To Change Name

Ten Members Of Congress Urge Washington Redskins To Change Name

A group of lawmakers on Capitol Hill is calling on the Washington Redskins to drop the name that has long been deemed offensive to Native Americans, the Associated Press reported Tuesday.

The ten members of Congress sent letters to Redskins owner Dan Snyder, NFL commissioner Roger Goodell, Redskins sponsor FedEx, and the other 31 NFL franchises.

“Native Americans throughout the country consider the ‘R-word’ a racial, derogatory slur akin to the ‘N-word’ among African Americans or the ‘W-word’ among Latinos,” read the letter to Snyder.

The letter goes on to say:

“The current Chairman and Chief of the Penobscot Nation, Chief Kirk Francis, recently stated in a joint statement that the [R-word] is ‘not just a racial slur or a derogatory term,’ but a painful ‘reminder of one of the most gruesome acts of … ethnic cleansing ever committed against the Penobscot people.’  The hunting and killing of Penobscot Indians like animals, as declared by Chief Francis, was ‘a most despicable and disgraceful act of genocide’…

“In this day and age, it is imperative that you uphold your moral responsibility to disavow the usage of racial slurs.  The usage of the [R-word] is especially harmful to Native American youth, tending to lower their sense of dignity and self-esteem.  It also diminishes feelings of community worth among the Native American tribes and dampens the aspirations of their people.

The 10 Congress members who signed the letter include the co-chairs of the Congressional Native American Caucus Tom Cole (R-Oklahoma) and Betty McCollum (D-Minnesota), Raúl M. Grijalva (D-Arizona), Gwen Moore (D-Wisconsin), Michael M. Honda (D-California), Donna M. Christensen (D-Virginia), Zoe Lofgren (D-California), Barbara Lee (D-California), Eleanor Holmes Norton (D-D.C.), and Eni F.H. Faleomavaega (D-American Samoa).

As the Washington Post’s Mike Jones noted, the Redskins franchise has no comment on the letter. Redskins owner Dan Snyder has previously said he “will never change the name of the team.”

‘What Kind of Asian Are You?’ Answered in Hilarious Video

'What Kind of Asian Are You?' Answered in Hilarious Video

Ever been asked where you’re from? Or where you’re parents come from?

For Comedy Week on YouTube, David Neptune and Ken Tanaka (author of Everybody Dies: A Children’s Book for Grown Ups) directed a video called “What Kind of Asian Are You?” that takes the question head on. 

Apple Announces New Upgrade: Former EPA Chief Lisa Jackson

Apple Announces New Upgrade: Former EPA Chief Lisa Jackson

Former EPA chief Lisa Jackson will be vice president for environmental initiatives at web products company Apple. CEO Tim Cook announced the Jackson hire during a live interview he gave during the D11: All Things Digital conference in Rancho Palos Verdes, California. Jackson will “be coordinating [environmental] efforts across the company,” and will report directly to Cook.

Jackson, who was the first African American EPA chief administrator, resigned after her first four-year term in February. During her time there, she made environmental justice — policies that address disproportionate environmental burdens on poor neighborhoods and communities of color — a priority for the federal government. 

Jackson told Politico about her hire: 

“Apple has shown how innovation can drive real progress by removing toxics from its products, incorporating renewable energy in its data center plans, and continually raising the bar for energy efficiency in the electronics industry. I look forward to helping support and promote these efforts, as well as leading new ones in the future aimed at protecting the environment.”

Cook stated at the D11 conference that Apple’s data centers ran on 100% renewable energy and that they had the largerst solar farm of any non-utility company.

Jackson, who grew up in New Orleans, worked in government and public service for basically her entire professional career, after obtaining a Masters degree in chemical engineering from Princeton in 1986. Last month, Jackson told a story to The Moth about evacuating her mother from New Orleans after the Hurricane Katrina federal levee failures and floods. Jackson was working for New Jersey state government at the time, and she had a moment then when she realized that had she worked for the private sector she could have “bought my mother a new house, or raised the one she had.” But her mother encouraged her to remain in public service.

Perhaps now, a new house is in the works.  

Wal-Mart Smacked With $110 Million in Fines for Environmental Crimes

Wal-Mart Smacked With $110 Million in Fines for Environmental Crimes

Mega-retail company Wal-Mart plead guilty on Tuesday for Clean Water Act violations that involved years of illegally and improperly handling hazardous liquids and pesticides in California and Missouri. The company is on the hook for $81.6 million in criminal environmental fines for violating federal laws and another $30 million to resolve state environmental law violations. 

Documents from the U.S. District Court in San Francisco say that “from a date unknown until January 2006, Wal-Mart did not have a program in place and failed to train its employees on proper hazardous waste management and disposal practices at the store level. As a result, hazardous wastes were either discarded improperly at the store level - including being put into municipal trash bins or, if a liquid, poured into the local sewer system - or they were improperly transported without proper safety documentation to one of six product return centers located throughout the United States.”

In Missouri, Wal-Mart employees improperly handled pesticides that customers had returned.  “Truckloads of hazardous products, including more than 2 million pounds of pesticides, were improperly handled under Wal-Mart’s contract,” said Tammy Dickinson, U.S. Attorney for Western District of Missouri.

In 2006, Wal-Mart began sending certain damaged household products, including regulated solid and liquid pesticides, from its six return centers to Greenleaf LLC, a recycling facility located in Neosho, Mo., where the products were processed for reuse and resale. Because Wal-Mart employees failed to provide adequate oversight of the pesticides sent to Greenleaf, regulated pesticides were mixed together and offered for sale to customers without the required registration, ingredients, or use information, which constitutes a violation of Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA.

For all of these violations, Wal-Mart will pay roughly $110 million in criminal fines, at least $20 million of which will go to community service projects and programs to train people on how to legally handle hazardous waste.  Their plea agreement includes requirements to ensure adequate environmental personnel and training at all levels of the company, proper identification and management of hazardous wastes, and the development and implementation of Environmental Management Systems at its stores and return centers. Compliance with this agreement is a condition of probation imposed in the criminal cases.

Virginia Governor Will Restore Nonviolent Felons’ Voting Rights

Virginia Governor Will Restore Nonviolent Felons' Voting Rights

Yesterday, a task force commissioned by Virginia Attorney General Ken Cuccinelli found no legal basis for either the governor or the general assembly to automatically restore the voting rights of former convicted felons, but the governor found a way to do it anyway. This morning, Gov. Bob McDonnell announced that he would lift the permanent civil rights ban for those convicted of nonviolent felonies, but he’d have to do it on a case-by-case basis. This means, for the thousands who currently can’t vote (or run for office) due to a nonviolent felony on their criminal record, the governor will send a letter to each person he can find telling them their rights are restored. Before this, a person with a nonviolent felony had a two-year wait after release from prison to begin an application process that might lead to their rights restored within 60 days of submitting that application. Those with violent or drug felony convictions will still have to wait five years to apply for rights restoration.

According to Rebecca Green, co-director of the Election Law Program at William and Mary Law School in Virginia, the fact that the governor can simply write a letter to individuals to restore rights shows that his powers are expansive enough that he should be able to provide automatic rights restoration, while the fact that those with violent and drug felonies still have to wait and apply shows there continues to be a lack of due process. 

“In a world where the governor could literally flip a coin to determine whose rights are restored and whose aren’t, I don’t understand why he then couldn’t issue blanket restoration for all rights,” says Green. Yet, if McDonnell did attempt a blanket restoration, “he would be doing what the [task force said the] legislature can’t do, which is change the law.”

The task force’s findings that the governor can’t do sweeping restoration is an “odd argument given the broad authority the Virginia Constitution delegates to the governor to restore rights,” says Green. Green helped prepare an amicus brief in a U.S. District Court case where former Richmond city councilmember Sa’ad El-Amin is suing the state to overturn the felony disenfranchisement law on the basis it has racist origins. A federal judge is allowing for that racial history to be explored to determine if the law is, in fact, unconstitutional on equal protection grounds.

The irony here is that El-Amin may now no longer have standing in that case. El-Amin himself has a nonviolent felony conviction, for tax crimes, which invalidated his voting rights. He is legally challenging the disenfranchisment law, but he never himself applied for restoration of his rights. Now he doesn’t need to. The governor will be sending him a letter telling him his rights are now restored, which might affect his standing. 

Indeed, finding every person in the state with a nonviolent felony to send a letter too will be tough for the governor. As Secretary of the Commonewealth Janet Kelly told the Richmond Times-Dispatch

“If you’re sitting in prison right now, we know where you are,” Kelly said. “If you got out of prison 20 years ago, we don’t know where you are.”

Overall, roughly 350,000 people lack voting rights due to felony convictions in the state. A report from the NAACP on felony disenfranchisement in Virginia says that if the governor had to review an application from every disenfranchised person it would take him 51 years to get through them all. That application review is now gone for nonviolent felons, but stay tuned to see how this affects those with  violent felonies. 

UPDATE (1:03 P.M. EST)

From civil rights community law organizing nonprofit Advancement Project:

Following the Governor’s announcement, Secretary of the Commonwealth Janet Kelly is meeting this afternoon with Virginia grassroots rights restoration advocates and national civil rights organizations, including Advancement Project, to discuss implementation. 

“We commend Gov. McDonnell for doing what his predecessors would not - taking an executive action to loosen Virginia’s grip on its antiquated felony disenfranchisement law,” said Advancement Project Co-Director Judith Browne Dianis. “We are interested in hearing his implementation plan for re-enfranchising as many people as possible, as quickly as possible. While today’s announcement represents a positive step forward, Virginia still needs a more permanent solution through a Constitutional amendment from the General Assembly to automatically restore civil rights for all citizens who have served their time. We hope to build on this development in order to move Virginia fully toward America’s promise of a robust and inclusive democracy.”

Many grassroots advocates, several of whom have been personally impacted because of prior felony convictions, are also attending this afternoon’s stakeholder meeting with the Governor’s office.

“I appreciate today’s announcement and hope that Gov. McDonnell will use the full extent of this executive action to restore rights to as many people as possible,” said Michael Edwards, founder and director of Secure Organization Building Educational Recovery, Inc. (S.O.B.E.R.). Edwards lost his right to vote for distribution of marijuana in the 1970s, before finally having his rights restored in 2011. “Since the new rules make a distinction for people with certain kinds of convictions, I’d like to see some other process in place to more efficiently re-enfranchise these individuals who pay taxes and live in our communities.”

UPDATE (10:10 A.M. EST): 

Virginia New Majority, a non-profit that organizes community and conducts leadership development programs for progressive causes, is planning a major voter registration drive on the heels of Governor Bob McDonnell’s planned announcement to streamline the rights restoration process for people with non-violent felony convictions.

“Gov. McDonnell is taking a huge step forward today. We’ve been actively working on this issue for the past four years. It’s a huge milestone for us,” said Tram Nguyen, Deputy Director of Virginia New Majority.

“We’re going to celebrate today, but we have to get right back to work tomorrow. We’re making plans to ensure that people with non-violent felony convictions will be registered in time for the November elections,” said Jon Liss, Executive Director of Virginia New Majority. “We don’t know how many people will be impacted by the Governor’s decision, but we think it will be in the thousands.”

Virginia New Majority is meeting with the Governor and other advocacy groups following the press conference to finetune the new rights restoration process. The state-based civil rights group also intends to continue its push for a permanent solution that would automatically restore voting rights for everyone who has a felony conviction.

Task Force Says No Automatic Voting Rights Restoration for Former Felons

Task Force Says No Automatic Voting Rights Restoration for Former Felons

In Virginia, where over 350,000 people can’t vote due to past felony convictions, legal experts have said for years that the governor could allow former incarcerated felons to vote again by issuing an executive order that strikes that law. Virginia Gov. Bob McDonnell announced in January that he wanted the state’s general assembly to pass a law that would automatically restore voting rights to those with felonies. Today, a task force Attorney General Ken Cuccinelli assigned to the matter issued a report saying that neither the governor nor the general assembly have the legal power to restore former felons’ voting rights. 

The governor can only restore rights on a case-by-case basis and modify the clemency process. Gov. McDonnell did that last year to accelerate the number of people whose rights were restored —  4,659 as of April 12. But the “number of Virginians convicted of felonies who apply to have their rights restored is a relatively small percentage of the total number of persons” currently disenfranchised, reads the report. 

The general assembly can only restore rights by amending the state’s constitution, according to the task force, a much more difficult process that would involve passing a proposal through the entire legislature plus additional approval made by state referendum. 

The task force instead recommended two alternatives to a constitutional amendment: Assign individual rights restoration application reviews to an existing state agency or create a new agency for this work; or,  “augment the staff of the Secretary of the Commonwealth” for more rights restoration reviews. 

The Commonwealth currently has two employees working on clemency matters , but the secretary says this staffing level is “appropriate” for timely application reviews. 

The declaration that the governor can’t issue an executive order to do this automatically is a setback to civil rights organizations, many of which have built entire campaigns around pushing the governor to take this exact action. Many of them simply aren’t buying the task force’s findings.

The Virginia Constitution makes it clear that the Governor has the exclusive power to remove political disabilities from people convicted of a crime,” said Judith Browne Dianis, co-director of Advancement Project. “The Virginia Code reinforces this, allowing the Governor to restore voting rights by whatever process he alone deems appropriate. Previous governors in Florida and Iowa - Republican governors, at that - have also signed executive orders for automatic rights restoration. The Attorney General’s conclusion is incorrect, and it is wrong to continue Virginia’s policy of punishing and keeping citizens politically isolated for years after paying their debt and re-entering society.”

“The Committee’s findings shouldn’t halt any action by Governor Bob McDonnell to sign an executive order automatically restoring voting rights for people with felony convictions,” said Tram Nguyen, deputy director of Virginia New Majority. “Gov. McDonnell called on the Legislature during his State of the Commonwealth address to pass a bill that would automatically restore voting rights for people with felony convictions. That didn’t materialize. We were hoping that today’s announcement would be a prelude to an executive order. We’re still cautiously optimistic the Governor will do the right thing, regardless of today’s outcome.”

Virginia is one of only two states — the other Kentucky — that has yet to update its felony disenfranchisement laws in any substantial way since the 19th century, when it was placed. In March, a U.S. District Court in eastern Virginia allowed a legal challenge to the disenfranchisment law to move forward on the grounds that it may violate the equal protection clause of the U.S. Constitution. 




Here’s a Cheesy Slow-Motion Video of Brittney Griner’s Debut Dunks

Here's a Cheesy Slow-Motion Video of Brittney Griner's Debut Dunks

It’s safe to say that WNBA rookie Brittney Griner has already changed the game of women’s basketball. Yes, the 6’8” center dunks. But she’s also among the highest profile openly gay athletes in the country.

Griner made her professional debut over the weekend when her Phoenix Mercury lost to the Chicago Sky. She dunked twice, and it’s such a big deal that someone made a slow-motion video out of it.

Prince Is At the Center a Copyright Battle With Video-Sharing Site Vine

Prince Is At the Center a Copyright Battle With Video-Sharing Site Vine

Two important things to note about Prince. First, the singer will turn 55 (yeah, you read that right) on June 7. Second: he’s at the center of a fairly recent dispute over what exactly constitutes copyright infringement in the digital age.

Here’s what happened. Last month, the singer’s record label issued a takedown notice to Twitter to remove eight Vine posts featuring footage from a recent concert. Vine, of course, is the rapidly-growing video-sharing app that’s currently available to anyone with an iPhone. The videos were eventually removed from the site, but that’s not the point. But a key question emanating from the case is this: Can you infringe on someone in six seconds? In Prince’s case, the answer is obviously yes.

Jeff John Roberts takes a pretty deep dive at Gigom into some of copyright’s more recent history, specifically how fair use battles have played a big role in the development of hip-hop.

Right now, we’re enjoying a rich new age of images — everything from Vine videos to BuzzFeed cat GIFs that are shared, recast and then shared again. If lawyers began to throw copyright grenades into this mix, these splendid strains of creativity could be quickly snuffed out.

Roberts’ look is really worth reading in its entirety.

Oklahoma’s Latinos Join Recovery Effort Amid State’s Cultural Change

Oklahoma's Latinos Join Recovery Effort Amid State's Cultural Change

Back in 2011, CNN reported on the culture clash between Oklahoma’s white residents and its fast-growing Latino population. Like many parts of the country, Oklahoma’s population is growing a lot browner. The number of Latinos in the state has doubled over the past decade, from 179,000 to more than 332,000. 

That cultural shift hasn’t been easy. State lawmakers have passed some of the country’s harshest immigration legislation. Senator Ralph Shortey (R-Ok.) summed up some up the backlash, telling CNN that Latinos “are not assimilating and enriching the culture of Oklahoma. They are invading the culture…Oklahoma is not the melting pot…(Latinos are) not doing their culture any favors when it’s shoved into Oklahomans’ faces.”

It’s within that context that NPR’s Code Switch blog looked at how some undocumented Latino residents are fairing in the aftermath of last week’s devestating tornado, which struck just outside of Oklahoma City. Citizenship has become a key factor in people’s decisions about whether or not to seek help in recovery, and even the storm itself has unveiled some of the barriers faced by the country’s millions of undocumented immigrants.

From Code Switch:

“It’s stressful,” Amelia says in Spanish.

Amelia cleans offices to support her and her 8-year-old daughter. They lived in a trailer home in Moore that was in the path of last week’s tornado. When the storm came through town, Amelia rushed to pick her daughter up from Plaza Towers Elementary School. They then took cover under a bridge. Amelia says it’s a miracle they survived, but they still lost nearly everything.

“I was desperate,” Amelia says, “But also afraid to ask for help.”

But she knew she had no choice but to take the risk. It took her three days to build up her courage. Then she got in her car, talked to church volunteers and went to a public health clinic for counseling. She even approached an official and asked how the government could help rebuild her life. She says she can’t imagine having done any of this before the tornado.

Read more about Latinos in Oklahoma’s storm recovery efforts over at Code Switch


Watch Yassin Bey’s (aka Mos Def) New Video on Stop-and-Frisk

Watch Yassin Bey's (aka Mos Def) New Video on Stop-and-Frisk

Native Brooklyn rapper Yassin Bey, formerly known as Mos Def, released a video last week that speaks out against the New York City Police Department’s controversial Stop-and-Frisk policy. The song, called “Don’t Tread On Me” is a public service announcement released in partnership with the Center for Constitutional Rights, a legal advocacy group that took the NYPD to federal court over the practice.

Federal Judge Rules Sheriff Arpaio Guilty of Racial Profiling

Federal Judge Rules Sheriff Arpaio Guilty of Racial Profiling

A federal judge in Arizona ruled on Friday that Maricopa County Sheriff Joe Arpaio and his deputies engage regularly in unconstitutional racial profiling against Latinos.  The judge ordered the department to immediately stop targeting Latinos based on their race.

The suit is a victory for civil rights groups and for Phoenix Latinos in general whose lives have been marred by Arpaio’s local immigration enforcement activities. The ruling is in response to a class action suit brought by the ACLU and the Mexican American Legal Defense Fund on behalf of Latino drivers who say they’re stopped, interrogated and detained because of their race.

The 142-page decision, U.S. District Judge G. Murray Snow writes:

[I]n determining whom it will detain and/or investigate… the MCSO continues to take into account a suspect’s Latino identity as one factor in evaluating those persons whom it encounters.


Thus, to the extent it uses race as a factor in arriving at reasonable suspicion or forming probable cause to stop or investigate persons of Latino ancestry for being in the country without authorization, it violates the Fourth Amendment. In addition, it violates the Plaintiff class’s right to equal protection under the Fourteenth Amendment to the Constitution and Title VI of the Civil Rights Act of 1964.

The decision prohibits Arpaio’s department from using race as a factor in determining if a driver is an undocumented immigrants. It bars Arpaio from reporting suspects to ICE without suspicion that drivers and passengers are in violation of other state laws. 

Judge Snow’s ruling is also a subtle indictment of the federal government’s own immigration enforcement programs. During the period at issue in the suit, federal officials authorized the Maricopa County Sheriff’s office to  to inquire about immigration status and detain undocumented immigrants though the 287(g) program. The Department of Homeland Security later terminated the 287(g) contact with the county, in large part because of Arpaio’s illegal implementation, but Judge Snow notes that it was under that local-federal partnership that Arpaio was formally empowered to profile Latinos. He writes:

In the 287(g) training that ICE provided, and in other policies and procedures promulgated by the MCSO, MCSO deputies were instructed that they could consider race or “Mexican ancestry” as one factor among others in making law enforcement decisions during immigration enforcement operations without violating the legal requirements pertaining to racial bias in policing. 

The decision came days before the Tuesday deadline for Phoenix advocates to submit signatures for a sheriff recall election. As of yesterday, groups organizing for the recall still needed to collect about 90,000 signatures to compel a new election, the Phoenix New Times reports.  Now the advocates hope the court decision will push Arpaio to resign instead.

“We’re really pushing now for Arpaio to resign,” Respect Arizona campaign manager Lilia Alvarez told the New Times. “After this ruling, we should not have to spend the taxpayer dollars to have a recall special election.” 

Resignation would be out character for the recalcitrant sheriff. His office has said it will appeal the decision, and continues to deny it ever relied on race in it’s policing activities. 



Was Violent Felon Ban on Food Stamps Accepted With False Data?

Was Violent Felon Ban on Food Stamps Accepted With False Data?

When Democrats and Republicans unanimously accepted Sen. David Vitter’s amendment (#1056) that would ban violent felons from receiving food stamps during a Senate debate earlier this week, that proposal may have been launched from poor facts.

In Sen. Vitter’s press release about the amendment, he exclusively cites a report from Louisiana’s legislative auditor’s report to justify his amendment. For Vitter’s focus on those convicted of violent felonies, you’d think there was some information about the abundance of felons using food stamps. Quite the contrary, there’s not a single word in the report about violent felons.

Vitter’s press release doesn’t mention anything from the report on felons abusing food stamps either. He does point to other fraud the auditor found:

The audit covered the fiscal years from 2010 to 2012 and found that there were duplicate and overpayments of millions. The results show that more than $1.1 million was issued to 1,761 people who were in prison, 322 people gained benefits even though their wages exceeded $50,000, and 3,060 people used $2 million worth of benefits in a state other than Louisiana.

Few things here: One, that same report noted that 1,157 cases that resulted in $841,615 in overpayments happened because of state agency errors — mistakes “such as a caseworker entering incorrect income amounts or failing to remove an ineligible member from the case.”

That may seem like a big deal, but consider those are totals for 2010 and 2011. Total SNAP benefits in those years totaled $2.5 billion in Louisiana. $840,000 in overpayments from $2.5 billion is rather minute. What this has to do with former incarcerated citizens with violent felonies is unclear.

Not to mention, Louisiana has one of the lowest overpayment rates in the nation — of all the states last year they ranked fourth in low overpayment error rates, and had the second highest improvement among all the states.

This improvement happened while the state’s administrative burdens increased. From 2008 to 2012 the workload for SNAP administrative increased 76 percent — 259,770 cases to 380,011 cases — mostly because of the economic recession. Meanwhile, staffing at the state’s SNAP offices decreased from 1,315 to 1,090 caseworkers.

But the number of erroneous cases alone might explain some of the questionable findings in the auditor’s report, such as prison inmates using food stamps (How exactly does that work?).

As for the 3,060 who spent $2 billion in SNAP benefits in other states, Vitter fails to mention that this is legal. SNAP beneficiaries receive their food allocations by their resident state, but those can be used anywhere in the United States. That this might indicate fraud is purely speculative.

Fraud isn’t a major problem in the SNAP program at large. According to the Center on Budget and Policy Priorities, the national program achieved its lowest overpayment error rate on record in 2011. “The overwhelming majority [of errors] result from honest mistakes by recipients, eligibility workers, data entry clerks, or computer programmers,” writes CBPP senior policy analyst Dottie Rosenbaum.


Once Again, Poor People With Cell Phones Become Scapegoats for the Right

Louisiana Republican Senator David Vitter took to the floor this week to introduce an amendment that would gut the federal government’s Lifeline Wireless program as part of an amendment to the farm bill. The program, which others on the Right have said gives out free “Obamaphones”, offers subsidized cell phones to people who otherwise couldn’t afford them.

Vitter has become one of the loudest opponents of the program, which I’ve written before is a case study in how the right uses race to pervert the spending debate. Vitter used a bunch of racially coded language to express his outrage with the program. “I think the whole program is an entitlement mentality gone wild,” he says. “We have started the notion that folks are entitled to the government providing them with almost everything under the sun.”

It’s worth taking another look at the fact vs. fiction when it comes to these so-called “Obamaphones.” Check them out after the jump.

Minneapolis Teens Trade Hip-Hop Producing Training in Exchange for Homework

Minneapolis Teens Trade Hip-Hop Producing Training in Exchange for Homework

An after-school program set up by the North Community YMCA in Minneapolis gives young kids the opportunity and equipment needed to make rap music as a reward for keeping up with their schoolwork. Founder of the program called Beats And Rhymes say their mission is to “provide challenging, positive youth and career development opportunities for low income, culturally-diverse youth.”

The young students have rapped and rhymed about fun subjects like Cheetos and Khaki pants but they also get political in other songs with messages about bullying, violence and drugs.

Beats and Rhymes has a partnership with the Nellie Stone Johnson Community School, where close to 97 percent of the students are black, Latino or Asian.

Zimmerman Defense Team Releases New Evidence in Trayvon Martin Case

Zimmerman Defense Team Releases New Evidence in Trayvon Martin Case

On Thursday, Defense attorneys on the George Zimmerman case released evidence they discovered on Trayvon Martin’s cell phone, including text messages in which he wrote about taking part in an organized fight, smoking marijuana and being suspended from school. They intend to use the reputation-damaging evidence about Trayvon to paint a different picture of him than the one that’s been shared by his family and supporters.

Orlando Sentinel has the details:

The evidence packet contains more than two dozen photos, including one that shows Trayvon with gold teeth and two of him making an obscene gesture. Those have been widely circulated online since shortly after the shooting, and it’s not clear where defense attorneys found them, but as of Thursday, they officially became part of Zimmerman’s criminal case.

The text messages that Trayvon wrote about fighting may be the most damaging to the state.

Circuit Judge Debra S. Nelson will decide if the evidence is admitted in to the case next week, the AP reports. However, it’s unclear when the trial will start because yesterday Zimmerman’s attorneys also filed paperwork asking the judge to delay the start of his trial for six weeks.

Racially Segregated ‘Black-Only Pods’ in Florida County Jail

Racially Segregated 'Black-Only Pods' in Florida County Jail

U.S. Department of Justice investigators found a number of unconstitutional practices at the Escambia County Jail facility in northwest Florida that “constitute serious risks to prisoner safety,” according to the Justice Department’s findings letter. Among those problems were insufficient access to mental healthcare for the inmates, and racial segregation of black prisoners. Said the U.S. Department of Justice in a release:

Specifically, the department concluded that known systemic deficiencies at the facility, stemming mainly from staffing shortages, continue to subject prisoners to excessive risk of assault by other prisoners and to inadequate mental health care. Additionally, the department found that until recently, the jail had an informal policy and practice of designating some of its housing units as only for African-American prisoners. By segregating some of its prisoners on the basis of race, the jail not only stigmatized and discriminated against many of its African-American prisoners, it also fanned combustible racial tensions within the jail.

The racial segregation of black inmates into “black-only pods” had been occurring for decades. Justice officials first discovered the practice in October last year during a tour. They warned Escambia County Jail officials then that this was a breach of 14th Amendment equal protection rights. According to the findings letter, “For decades, the Jail’s officials have assumed that segregating on the basis of race would lead to a safer facility.”

Deputy Assistant Attorney General Roy Austin, Jr., who wrote the findings letter, said such assumptions were “unproven and untethered to data” and “insufficient to justify an explicit racial classification.”

Escambia County’s population is 23.1 percent African-American, and 70 percent white. The county jail has 1,442 prisoners, 65 percent of whom are black and 35 percent white.

A new sheriff for Escambia, David Morgan, told the Justice Department this past April that the segregation had stopped but Austin wrote that the Justice Department “will want to ensure that any agreement we reach with the Jail completely and permanently eliminates racially segregated housing units.” Their investigation concluded that “the practice of segregating on the basis of race has compromised security by exacerbating racial tensions within the Facility.”

Escambia County is 23.1 percent African-American, and 70 percent white.

Other Justice Department findings:

  • Prisoner-on-prisoner assaults are a common occurrence, owed to a shortage of correctional staff, resulting in serious harm to prisoners
  • The jail does not provide timely and adequate access to appropriately skilled mental health care professionals
  • The jail routinely fails to provide appropriate medications to prisoners with mental illness
  • The jail provides inadequate housing and observation for prisoners with serious mental illness who are at risk for self injury or suicide

Austin wrote that these are all violations of the 14th amendment and the 8th amendment, which protects those convicted of criminal offenses.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215