mexico motion against arizona - in plain english

8/9/2019 Mexico Motion Against Arizona - in Plain English

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Page 1 of21PEG_Mexico Motion Against Arizona Bill 062210

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* Motion/MEXICO MOTION AGAINST ARIZONA BILL* Action

The United Mexican States (Mexico) files this brief as amicus curiae [friend of the court].

[Mexico may file a motion in a US court if the outcome of an action will affect Mexico.]


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Mexico has two significant interests in Arizonas recent actions.

1. That the relationship between Mexico and the US isnt compromised by the actions of anindividual state;

2. That Mexican citizens arent denied human and civil rights while in the United States.Specifically, Mexico wants to protect its citizens from state-sanctioned discrimination.

INTEREST OF THE AMICUS CURIAE

(Friend of the Court)

Mexico submits this brief to express concern over the Arizona Immigration Bill, SB 1070, and to

emphasize the need to declare it unconstitutional.

Mexico wants to be sure diplomatic relations with the US arent frustrated by Arizonas actions.

SB 1070 opens the door to different rules among different states regarding national government

issues, creating a lack of consistency between the US and Mexico.


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Under the Vienna Convention on Consular Relations, which both our countries have signed,

Mexico has a right to protect the interests of its nationals within the limits of international law.

Mexico is concerned its citizens will be denied human and civil rights while in the US due to an

unbalanced application of laws from state to state. Mexico wants assurances that ethnicity

wont be used as a basis for state-sanctioned acts of discrimination.

Not only does SB 1070 threaten individuals, but in a broader sense, it undermines Mexico-US

relations.

Mexico has followed SB 1070 closely. The issues we raise in this motion are very important to

the Mexican people. When we say, Mexican people, we include:

1. Nearly 20,000,000 Mexican workers, tourists, and students who were lawfully admittedto the US in 2009

2. Those already present in the US, or who will be admitted to the US in the future3. The countless millions affected by international trade, immigration policies, and drug

violence


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Mexico suggests that SB 1070 adversely impacts relations between Mexico and the US, as well as

law-abiding Mexican citizens and people of Latin-American descent in Arizona today.

SUMMARY OF ARGUMENT

By passing SB 1070, Arizona severs itself from the uniform immigration policy of the US in order

to force its own laws. This conflict interferes with economic, immigration, and security policies

between Mexico and the US. Therefore, SB 1070 challenges diplomatic relations between

Mexico and the US.

Also, Mexico is seriously concerned that this will lead to different treatment of Mexican

nationals in the US, by:

1. Racial profiling2. Detaining Mexican citizens even if they have done nothing to indicate a crime3. Detaining Mexican citizens even if they have done nothing to indicate theyre in the US

illegally


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ARGUMENT

I. SB 1070 Impedes International Relations;There Needs to Be one Cohesive, Consistent, and Controlling US Voice

The Federal Government represents the interests of all fifty states, and is exclusively

responsible for international relations. [Paraphrased: Hines v. Davidowitz, 312 U.S. 52, 63 (1941)]

Through SB 1070, Arizona puts forth its own independent rules. This is in conflict with federal

immigration law, which specifically allows Arizona to assist with enforcement after receiving

approval and training to ensure constitutionality.

By Arizona taking this action alone, it forces Mexicos officials and citizens to respond to

differing rules led by different divisions of the US government.

In order for diplomatic relations with the US to be successful, Mexico needs and depends on

clear, consistent, two-sided negotiations. We cant work together on immigration, trade, and

security effectively if US divisions conflict not only with each other, but with commitments made

by the US federal government.


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SB 1070 directly affects US relations with foreign countries. As conveyed by US Secretary of

State Hillary Clinton, although not in effect yet, its already straining US-Mexico relations.

Mexicos ambassador to the US, Arturo Sarukhan, explains that SB 1070 Threatens to poisonthe well from which our two nations have found, and should continue to find, inspiration for a

joint future of prosperity, security, tolerance and justice.

A. SB 1070 Will Severely Hinder Tradeand Tourism Between Mexico and Arizona

An area of great concern to Mexico is trade and commercial relations with the US.


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1. Growth in US trade with Latin America historically outpaces other regions.2. Mexico is the 3rd largest trading partner of the US.3. Mexico is the 2nd largest purchaser of US exports.4. Labor markets, tourism, business travel, and student migration between the two

countries is extensive and important to both economies.

5. A University of California study shows between 1990-2006 immigration boosted theUS economy, resulting in a 2.86% real wage increase for the average US worker.

6. Each day approximately 65,000 Mexicans are admitted into Arizona, and each daythey spend $7.35 million in retail, restaurants, hotels, and other businesses.

SB 1070 poses a threat to this mutually beneficial trade between us. As detailed in Section II, if

SB 1070 takes effect Mexican citizens wont visit Arizona for work or tourism out of concerntheyll be subject to unlawful police scrutiny and detention.


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In the past, the US and Mexico negotiated and practiced free trade which resulted in highly

beneficial economic relationships (for example, NAFTA). Diplomacy is crucial to these

negotiations.

SB 1070 halts cooperation by driving nations that work together and trade, to mutual

recrimination [finger-pointing], which has been so useless and damaging in previous times.[Remarks by President Calderon of Mexico at Official Arrival Ceremony on May 19, 2010].

Strained diplomatic ties prevent Mexico and the US from working together to develop and

maintain commercial relations, which is critical to their economies.

B. SB 1070 Derails Efforts TowardsComprehensive Immigration Reform

With over 11,000,000 nationals in the US, Mexico has a significant interest in US immigration

reform. The US is equally interested in Mexicos involvement. In fact, 1 of the 5 immigration

principles of the Obama administration is to collaborate with Mexico.


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President Obama met with the president of Mexico on May 19, 2010. They discussed

immigration.

1. Obama acknowledged both countries have to address the issue.2. Obama noted Mexicos effort to create jobs and US efforts to fix our broken

immigration system.

3. Both said they believe SB 1070 is a misdirected effort to address immigration issues.4. They agreed the two federal governments have to work together to ensure immigration

reform doesnt have an adverse effect on border region economies.

The effects immigration has on labor markets, tourism, business travel, and education are

greatly important to both countries.

Mexican citizens made up the highest percentage (12%) of the 163 million visitors legally

admitted into the US in 2009 as tourists, business travelers, workers and students.

Both countries profit from intellectual exchange.

Immigration policy is crucial to communities along the 2,000 mile US-Mexico border.

Border areas are also highly susceptible to drug-related violence. Law enforcement policies are

critical.


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Its critical to:

1. Recognize the importance of securing and managing the legal flow of goods, services,and people between Mexico and the US;

2. Understand joint administration of our common border is critical to managing securityand efficiency;

3. Understand law enforcement coordination is essential to preventing and bustingtransnational crime rings.

[Paraphrased: From the May 19, 2010 press release, The White House, Declaration by the government of the United

States of America and the Government of the United Mexican States Concerning Twenty-First Century Border

Management]


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C. SB 1070 Obstructs International CollaborationTo Combat Drug Trafficking Organizations and Drug-Related Violence

For over 30 years, the war against drug-trafficking organizations has been a critical issue for US

and Latin American governments. Recently, Mexican drug-trafficking has taken the spotlight.

1. 7,000 people were killed by drug-related violence in Mexico in the past year.2. 31% of the deaths took place in the border State of Chihuahua.3. Current and previous US administrations acknowledged a shared responsibility for drug-

related violence, and determined it is absolutely critical that the United States joins as a

full partner in dealing with this issue.

4. Numerous scholars point out: Without changes in US drug policy, efforts to combatDTOs [drug-trafficking organizations] or to address Mexicos own growing domesticdemand for drugs will be futile.

On October 22, 2007 the Merida Initiative was announced after extensive negotiations between

the US and Mexico. This is a training and equipment package meant to strengthen counter-

narcotic efforts of both governments.

Cooperation under the Merida Initiative has made great strides. Because of it:


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1. The US and Mexico have made over 1,000 arrests, including top members of multipledrug-trafficking organizations

2. Intelligence-sharing has improved3. Weapon tracing and cash seizure initiatives have been strengthened

As the US and Mexico build trust and cooperation in their fight to stop drug-trafficking and

related violence, SB 1070 threatens these efforts. Not only this, but SB 1070 raises the risk of

reduced crime-reporting in Arizona, including by Mexican nationals. This impedes law

enforcements efforts to make arrests and seizures on both sides of the border.

Former President Bushs opinion that the US cant commit to projects alone, is shared on both

sides of the border. Mexico equally cant negotiate in good faith with the US without the

assurance that efforts wont be hindered by opposing political subdivisions. This is especially

concerning in border states like Arizona, which play a significant role in controlling weapons

traffic into Mexico.


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The interests of the people of the US as a whole, requires that federal power affecting foreign

relations be completely free of local interference. [Paraphrased: Hines v. Davidowitz, 312 at 63]

Along these lines, James Madison said, If we are to be one nation in any respect, it clearly ought

to be in respect to other nations.

As a foreign nation, Mexico has a compelling interest in:

1. Maintaining two-sided relations based on respect for the constitutional law of the US2. The cancellation of SB 1070

II. Mexico Has a Legitimate InterestProtecting Its Citizens Rights Under the US Constitution

History has shown that state-sanctioned actions, like SB 1070, violate the US Constitutions basic

doctrine, which guarantees freedom, liberty and equal protection of the law. Government

actions against minority populations considered to be a threat were unfounded. The actions

taken toward African-Americans during the Civil Rights movement stress the potentially harmful

and lasting negative effects of SB 1070.


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Discriminatory legal enforcement has adverse legal, social, economic, and political implications.

This is why Mexico is determined to ensure its citizens are protected under the US Constitution,

and not subjected to hostile attitudes or action by US society.

As of 2008, there were 11.4 million Mexican-born individuals living in the US.

5.4% of them live in Arizona.

In the year 2000, the 9th Circuit acknowledged that, The Hispanic population of the Southwest

and Far West in particular, has grown enormously at least five-fold in the four border states

[Arizona, California, New Mexico and Texas]. [Paraphrased.]

In fact, recent demographic reports show minorities represent more than 50% of the population

in Hawaii, New Mexico, California and Texas, making race and ethnicity an impractical tool in

law enforcement.


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The 9th Circuit also noted that there have been significant changes in the law restricting the use

of race in government decision-making. The court concluded that the use of race and ethnicity

has been severely limited. [Paraphrased.]

The Court went on to speak about border check stops.

At this point in history, given the evolution of our ethnic and racial composition, Hispanic

appearance is, in general, of such little value that it cant be considered as a relevant factor in

determining who should be stopped by law enforcement officials when on the lookout for illegal

aliens. [Paraphrased.]


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Mexico is justifiably concerned that law enforcement will use stereotypes and prejudice as state-

sanctioned. When Arizona Governor Jan Brewer was asked what criteria will be used as

reasonable suspicion of a persons legal status in the US, she focused on the physical appearance

of illegal immigrants, stating:

I do not know what an illegal immigrant looks like. I can tell you that there are people in

Arizona that assume they know what an illegal immigrant looks like. I dont know if they know

that for a fact or not, but I know that if AZPosts [Arizona Peace Officers] gets themselves

together, works on this law, puts down the description that the law will be enforced civilly, fairly

and without discriminatory points to it. [CNN Wire Staff, Arizona Governor signs Immigration Bill, CNN,Apr. 24, 2010]

Giving state police the authority to simply create a description of what an illegal immigrant looks

like is plainly racial profiling, which is why Mexico is concerned. This inevitably will lead to

casting an overbroad net in the pursuit of illegal immigrants, with individuals being stopped

based on appearance.


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This unfair targeting of Hispanics and Latin-Americans in immigration enforcement is similar to

targeting young African-American males in criminal law enforcement. One federal judge

compared the dangers of racial profiling in border patrol enforcement, to the experience of

driving while black:

How is this different from the former practice in the South where peace officers wouldrandomly stop black pedestrians to inquire, Hey, boy, what are you doin in this

neighborhood? [Paraphrased: United States v. Zapata-Ibarra, 223 F.3d 281, 285 (5th Cir. 2000)]

B. SB 1070s Harmful Effects Lead to Dangerous Harms SpanningFrom Physical Violence to Promotion of Negative, Ill-Conceived Stereotypes

Finally, Mexico needs to protect its people. SB 1070 endangers this goal, as demonstrated by

the following:

1. New York Citys mistaken shooting deaths of two black men, Amadou Diallo andSean Bell

2. New York Citys brutal torture of a third black man, Abner Louima


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CONCLUSION

For these reasons, we ask that this Court declare SB 1070 unconstitutional in its entirety.

END

mexico motion against arizona - in plain english

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