Mirror of Justice

Immigration Reform or More of the Same?

July 13th, 2009 at 04:39pm Under Immigration Law

By Thomas J. Joy, Esq. The national elections in November 2008 will result in a new President.  In addition, all of the seats in the House of Representatives and one-third of the seats in the Senate will be contested.  The focus is understandably on the race for President.  However, the elections in the House of Representatives and the Senate are just as important, if not more so, when considering the controversial issue of immigration.  As a general constitutional principle, neither the President nor the Congress can create new laws on their own.  Each needs the other in order for new laws involving controversial issues to be enacted.    At first glance on the major immigration issues being debated in the election, Barack Obama, the candidate of the Democratic Party, and John McCain, the candidate of the Republican Party, would seem to agree.  Both support securing the borders of the United States from illegal immigration.  Both support bringing the illegal immigrants already in the United States out of the shadows and into the mainstream.  Both support the implementation of an electronic employment eligibility verification system and enforcement against employers who hire illegal workers.  Both support reform of the immigration system to fill needed jobs in the United States while at the same time protecting the American labor market.  Finally, both support the need to reunite families.    Upon closer inspection, however, one can clearly see major differences in degree in their positions on the various issues.  Their political party affiliation has a major influence on how serious and committed they can and will be on the issues.  As members of the Senate, both supported the failed comprehensive immigration reform efforts in the recent past.  John McCain, however, has alienated the conservatives within the Republican Party for having co-sponsored a comprehensive immigration reform law with leading Democratic Party liberal Senator Edward Kennedy.  As a result of the conflict within his own party, John McCain has moved more to a “secure the borders first” position and away from a strong position on comprehensive immigration reform.  On the other hand, Barack Obama, while articulating a strong support for comprehensive immigration reform, must deal with a key group of conservative Democrats who tend to vote with the enforcement oriented Republicans on immigration issues.  At the far end of the Democratic Party spectrum are those few who want to focus only on legalization (otherwise called amnesty by some).  At the far end of the Republican spectrum are those few who want to change the 14th Amendment of the Constitution to deny United States citizenship to children born in the United States to illegal alien parents.    Meanwhile, there is presently proposed bipartisan legislation pending in Congress to increase the quotas for employment based immigrants and also to provide more immigrant visas in the healthcare industry.  If these proposed laws do not become law this year, they will almost certainly be reintroduced early in 2009 when the new President and Congress take office.    In summary, we must take a wait and see position concerning how successfully the new President will be able to bring together the different factions in his own party and work together with the other party to structure and pass a comprehensive immigration law.

California Election and Civil Rights Attorney Discusses Republican 2008 Presidential Election Tactics, Robo Calls and Negative Ads

July 10th, 2009 at 02:54pm Under Civil Rights Law

I am deeply concerned, not just as a Civil Rights advocate, and not just as as a constitutional and first amendment lawyer and as an election attorney in California, but simply as an American at the election campaign tactics I am seeing in this 2008 Presidential election by the Republican party. Even as criticism mounts from both Democrats and Republicans, the tactics being employed by the Republican Presidential candidates are destroying any semblance of truth and fairness in the election process and using discrimination to try to gain votes.

Now we are hearing of the latest tactic by John McCain, the very candidate who previously criticized this tactic in a previous election – robo calls. Robo calls are automated telephone calls that are negative attacks on the other candidate, only instead of airing these ads on television, they come by way of the telephone, usually when you are having dinner.

John McCain only days before he began using these robo calls, criticized the Democratic candidate for allegedly spending more money than any campaign in history on negative ads. Whether this claim is true or not in terms of money, it does not appear to be true in its inference that Obama is using a greater percentage of his ads on negative ads. That would be John McCain’s campaign.

In his latest tactic, John McCain has clearly crossed the line once again by using these automated calls to tell voters that Barack Obama allegedly voted against a bill that would give care to babies born alive after abortions, that Democrats will enact an extreme leftist agenda if they take control of Washington, that Obama places Hollywood above America, that he has worked closely with a terrorist, and that Obama lacks the judgment to lead the country.

Now add the inferences by the Republican party and/or their candidates, surrogates and the people introducing the candidates at rallies that the Democratic candidate is unpatriotic, has an arab sounding middle name, is a person to be scared of, or is a person who can’t be trusted, who has a hidden agenda, or who by virtue of an association with someone who did something when the candidate was eight years old, is a terrorist. Is it any wonder that a woman, at a rally like so many others for the Republicans where hate-filled shouts have been made in recent days, told John McCain she had read that Barack Obama was an Arab?

How, after all these years of improving race relations in this country, are these tactics and election advertisements being allowed to cause civil rights leaders and members of the public fear they are taking us back to times in this country that we thought were behind us? How can a candidate who claims he puts his country first make every attempt to divide this country? We all know that John McCain, who has a long and honorable past, is a better man than what we are seeing at his rallies or on one particular news station. Yet, we continue to see actions and comments at Republican rallies and now these robo calls that have now drawn the ire not just of civil rights activists but even the concern of other Republican Congressmen and Senators. Is it any wonder that Colin Powell, a Republican who served as Secretary of State, Chairman of the Joint Chiefs of Staff and National Security Adviser under Republican Administrations has come out in support of Barack Obama and criticized the campaign tactics of John McCain, the latest of which is to infer that Obama’s policies are socialist.

In the last several elections, the focus of many of the most objectionable tactics were to pit religious voters against voters for whom religion was not an issue, based on perceived stances by one or the other candidate on religious issues. This type of insinuation has also been used this year against the democratic candidate, on the basis of an incorrect assumption by some and an intentional mischaracterization by others that since Obama was born in Kenya, he must be a Muslim.

More anger and consternation was brought to the surface this year with the strong showing by Hillary Clinton in the primaries and the selection of Sarah Palin as the vice presidential running mate of John McCain. With questions raised in particular toward Sarah Palin of whether she could be vice president and still be a good mother, women cried gender discrimination foul at the media.

Is it naive to ask why a candidate’s religion ever enter into the debate? If the candidate says he won’t let it interfere with his being fair and evenhanded, shouldn’t that be the end of it? Why should a candidate’s age be a problem if they are knowledgeable and not in bad health, if the Vice Presidential candidate is qualified as well? Why should a person’s gender ever be a problem? But to many voters, these aspects of a candidate are the most if not the only reason for how they will vote.

Perhaps we, as a nation, are forced to accept that at election time, some of people’s worst sides rise to the forefront in our election process, but shouldn’t we be better than that, and shouldn’t the persons we are asked to elect be better than that?

If the polls are any indication, this year we may just see a backlash against those who would make discriminatory inferences, and whose party would use false allegations as the basis for part of their campaigns. It may be naive, but it is hoped that based on a few comments made in the last few days by John McCain, before the election is over and with signs he is behind in the polls, John McCain will repudiate the statements made out of anger and fear by supporters at his rallies even more forcefully than in some earlier statements and again repeat that his supporters should be respectful of Barack Obama and his accomplishments. For at this time in our country’s history, our country can least afford to be torn apart by campaign strategies that have little to do with solving our country’s economic crisis.

If you have a civil rights or discrimination legal matter of any kind, we have the knowledge and resources to be your California Civil Rights Lawyers, and California Discrimination Attorneys. For this reason, be sure to hire a California law firm with civil rights lawyers who can represent you from Palm Springs, Malibu, Rancho Cucamonga, Orange County, San Luis Obispo, Laguna Beach, Newport Beach and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, El Cajon, San Bernardino, Riverside, Santa Barbara, Temecula, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have a civil rights, constitutional or discrimination legal matter of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.