Arizona Adopts ‘Jimenez Crow’ Laws: Direct and Indirect Civil Disobedience

by NEPHTALI DELEON

Next week, Arizona’s Senate Bill 1070 will go into effect.

This bill, among other things, requires local law enforcement to check an individual’s immigration status if there is “reasonable suspicion” that said individual is undocumented. Another provision of SB 1070 requires immigrants to carry papers denoting citizenship at all times while in the state.

The U.S. Department of Justice has filed a suit against Arizona, citing the bill as discriminatory. (For more on the law and comprehensive immigration reform, please see Sojourners’ great campaign Christians for Comprehensive Immigration Reform.)

As the action heats up in Arizona, we’ve got a “teachable moment” about what nonviolent direct action looks like when taken directly against an unjust law — as opposed to symbolic civil disobedience that often breaks a smaller law to highlight the injustice of a larger situation.

Will Travers’ article A Rare Opportunity for Direct Civil Disobedience in Arizona provides an excellent outline for this conversation.  Will’s a scholar of nonviolence with a degree from the University of Michigan. He works with the NYC-based band/nonprofit, Lokashakti, promoting peace and social justice through collective nonviolent action. Here’s an excerpt:

… Not since the end of the draft in 1973 has there been a law in the United States that seems to render itself so well to direct civil disobedience. Arizona SB 1070 requires non-citizens to keep registration documents on them at all times and forces police officers to inquire about immigration status during any kind of arrest or routine stop if they encounter “reasonable suspicion” that the person might be in the country illegally. In addition, the new law gives police leeway to arrest someone solely on the basis of there being probable cause that they may be undocumented, at which point they’re to be turned over directly to Immigration and Customs Enforcement (ICE).

This basically boils down to the police in Arizona having new license to stop anyone looking remotely Hispanic — for no other reason than that they look remotely Hispanic — demand papers from them, and take them into custody if satisfactory documents are not immediately produced. Predictably this has led some people, such as Roman Catholic Archbishop Roger Mahony, to draw parallels to the lives of those in Europe forced to live under the Nazi regime. Additionally — and this concerns all of us — the new Arizona law makes it a crime to “transport or move,” or “conceal, harbor or shield” undocumented immigrants, reminding me more of something out of the Fugitive Slave Acts from this country’s dark past. Against such blatantly unjust, potentially far-reaching legislation, at least we’re armed with a chance for everyone to participate in its direct disobedience, instead of just abandoning our undocumented brothers and sisters to their fate.

In a relatively short amount of time, Martin Luther King Jr. became somewhat of an expert on unjust laws. In a speech he delivered before the Fellowship of the Concerned in 1961, King defined an unjust law as “a code that the majority inflicts upon the minority, which that minority had no part in enacting or creating, because that minority had no right to vote in many instances.” Although close to 50 years old, this definition holds up in modern-day Arizona quite well. The undocumented minority, having virtually no recourse to its voice being heard, is at the mercy of the majority — in this case that of the Arizona Senate — 60 percent Republican and 100 percent white.

King places upon his definition one condition: that the law the minority is compelled to obey is not binding upon the majority. This indeed rings true again, as one would have a very hard time imagining members of Arizona’s white community consenting to being stopped because of their skin color, questioned by police, and immediately forced to prove their legal status under penalty of detention. On the necessity for civil disobedience when faced with such a law, King writes in his Letter from Birmingham Jail that:

[A]t first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

While it’s difficult for me to speculate as to exactly how this unjust law should best be disobeyed, the inspiring example is already there of the five students and community organizers who staged a sit-in at Senator John McCain’s office in Tucson after the bill’s April signing. Remarkably enough, three of the five were undocumented and knowingly subjected themselves to possible deportation, finally undergoing arrest, then detention by ICE, before thankfully being released the next day. …

Read Will’s whole article here.

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