Category Archives: immigration

Federal Judge Blocks Controversial Portion Of Arizona Immigration Law

Seal of the United States Department of Justice

Image via Wikipedia

FindLaw.com’s blog is reporting news today that a federal judge has preliminarily blocked enforcement of at least a portion of Arizona‘s controversial immigration law, known as the Support Our Law Enforcement and Safe Neighborhoods Act.

Because the Arizona immigration law contained a “severability clause” – a clause that allows a provision of law that is of questionable legality to be severed from a larger statute or body of laws – U.S. District Court Judge Susan Bolton did not enjoin enforcement of the entire law.  However, she did enjoin enforcement of the controversial portions of the statute until resolution of the U.S. Department of Justice‘s lawsuit against the State of Arizona is resolved.

That lawsuit, filed by the U.S. on July 6, 2010, argues principally that immigration law is a matter left up to the sole legislative authority of the federal government, an argument known as “pre-emption.”  “Pre-emption” finds its roots in the U.S. Constitution’s “supremacy clause,” which states:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

U.S. Const., Art. VI, Clause 2. (Emphasis added.)  See also, Wikipedia article here.

In reaching her conclusion, Judge Bolton determined that, in all likelihood, the U.S. would be successful in its lawsuit against the State of Arizona.  This determination is a pre-requisite finding before a federal judge can enjoin the enforcement of a law.

A copy of Judge Bolton’s order has been downloaded to the Box for viewing.

Breaking News Update!

Arizona Governor Jan Brewer said Wednesday she would swiftly appeal a judge’s ruling blocking key parts of a new state immigration law, vowing to take it all the way to the Supreme Court.  You can read the Arizona Governor’s response here, courtesy of Yahoo.com.

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Other LGBT News: Portugal Approves Same-Sex Marriage; Obama Appoints Trans Female; First HIV+ Man To Visit U.S.

While states like California and New Jersey grapple clumsily with the issue of same-sex marriage and equality, Portugal apparently had little difficulty in approving legislation to allow such unions.  On Friday, Portugal’s Parliament voted by a sizeable majority – 125 to 99 – to permit same-sex marriages.  The nation’s President is not expected to veto the measure, and ceremonies are anticipated to begin as early as April 2010.

Before you go dismissing Portugal’s actions as just another liberal EU country showing off, Portugal is hardly a bastion of liberalism.  In fact, Portugal’s decision to approve same-sex marriage is significant given that the country is generally regarded as socially conservative.  Perhaps, in Portugal, the leaders were able to put aside their own petty squabblings and, well, lead.

You can link to a full article discussing Portugal’s decision here.

President Obama Appoints Transgender Female To Commerce Dept.

In other news this week, President Obama appointed transgender female, Amanda Simpson, to be Senior Technical Adviser to the Commerce Department.

“I’m truly honored to have received this appointment and am eager and excited about this opportunity that is before me,” she said in a press release by the National Center for Transgender Equality, an organization for which she has served on the board of directors.”

Simpson was most recently the deputy director in Advanced Technology Development at Raytheon Missile Systems in Tucson. A flight instructor and test pilot, Simpson also holds degrees in physics, engineering, and business administration.

You can link to other news articles discussing President Obama’s appointment here and here.

First HIV+ Traveler To Visit U.S. From The Netherlands

Clemons Ruland may become the first known HIV-positive person to legally visit the United States after he filed papers with the U.S. Dept. of Homeland Security Monday, the day the HIV travel and immigration ban was officially lifted.  The ban was lifted on January 4 by President Obama after 22 years of barring HIV-positive people from entering the U.S.

Ruland, pictured on the right, will travel with his HIV-negative partner pictured left.  Ruland trip to the U.S. is being sponsored by Netherlands group, NGO AIDS Fonds, after he won an essay contest.

Thanks to The Advocate for reporting on this story, which you can link to here.

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World AIDS Day 2009: Combining A National And International Focus

Today, is World AIDS Day 2009.  The first World AIDS Day was held on December 1, 1988.  The event originated from the 1988 World Summit of Ministers of Health on Programmes for AIDS Prevention, part of the United Nations.  Since then, hundreds of millions of people have used World AIDS Day to raise awareness of the ongoing struggle against HIV/AIDS around the globe.

This year’s theme is “Universal Access And Human Rights,” a fitting theme in light of the divisive and, frankly, mean-spirited struggle taking place in the U.S. over pseudo-universal health care.  The United Nations has identified key principles for World AIDS Day 2009:

  • I am accepted.
  • I am safe.
  • I am getting treatment.
  • I am well.
  • I am living my rights.
  • Everyone deserves to live their rights.
  • Right to Live.
  • Right to Health.
  • Access for all to HIV prevention, treatment, care and support is a critical part of human rights.

People infected with HIV/AIDS live in all parts of the world.  Many countries, however, have been stricken harder by the epidemic than others.  In Botswana and Swaziland, for example, almost 40% of the population has HIV/AIDS. In Africa alone, 13 million children have been orphaned by AIDS.  Epidemics have erupted in China, Indonesia, Papua New Guinea, Vietnam, several Central Asian Republics and the Baltic States.  Internationally, combating the spread of HIV/AIDS is further complicated by the resurgence of other opportunistic illnesses such as tuberculosis, aggressive flu virus, malaria, and cholera.  In March 2009, the World Health Organization (WHO) reported some 89,000 cases of cholera in Zimbabwe.  In populations with high concentrations of immuno-compromised citizens, these types of diseases can wreak havoc.

Astonishingly, in 2009, many people – including many in the U.S. – continue to define HIV/AIDS as a problem faced by the “Other.” A “not my problem; it’s their problem.”  HIV/AIDS is not just a gay-straight problem; it is not just a health problem.  Statistically, HIV/AIDS spreads fastest among young people and working-age adults.  The virus respects neither social class, family ties, background, schooling, race, culture, or creed.  As a result, HIV/AIDS weakens a country as a whole.  In a global community, HIV/AIDS is everyone’s problem, and the epidemic has not gone away.

While we are fortunate that people living with HIV or AIDS in the U.S. are legally protected by legislation such as the Americans With Disabilities Act (ADA), stigma and mis-information has continued.  The stigma associated with HIV/AIDS could be seen clearly in the fact that the United States – one of only a dozen countries – persisted in banning travel into our country by anyone infected with HIV.  This ban went into effect in 1987, a time when fear and ignorance ruled most discussions about HIV/AIDS.

When the U.S. Department of Health and Human Services attempted to lift the ban in 1991, a right-wing led Congress took a further step toward stigmatizing HIV/AIDS by making it the only infectious disease barring entry into the U.S.  This ban has kept out thousands of students, tourists, refugees, and children with HIV needing adoption.

This year, a remarkable event took place, one for which President Obama should be commended.  In October 2009, President Obama signed an executive order lifting the travel and immigration ban on people living with HIV/AIDS. On January 4, 2010, people living with HIV/AIDS will be eligible to apply for a green card.

In case you missed the signing ceremony, I have uploaded a video to the Box on this site for your viewing.  In attendance at the signing ceremony was Jeanne White-Ginder, mother of Ryan White.  Ryan White was a teenager from Indiana who brought international attention to the AIDS epidemic and for which is named the Ryan White Care Act.  As part of the signing cerermony, President Obama also reauthorized the Ryan White Care Act.

If you do nothing else this year, take a few minutes to either educate yourself about HIV/AIDS, or perhaps even update what you know about the epidemic, its social costs, and legal issues.  Here are some resources available to you:

Yahoo Directory on HIV/AIDS

HIV/AIDS Search Engine

National Pediatric AIDS Network

AIDS Resource List – this list includes national and international resources

National Minority AIDS Council – this site contains a very useful video on the domestic, U.S. HIV/AIDS epidemic

National Association of People With AIDS

Communities Advocating Emergency AIDS Relief

United Nations’ World AIDS Day 2009 website – you will find the 2010 Outlook report in the Box on this site

In addition, all across the Internet you can find many informative articles discussing various HIV/AIDS-related issues.  Of particular assistance to me in preparing this post was Felix Salmon’s article on Reuters, Anna Gorman’s article from the L.A. Times, and Darlene Superville’s article from The Huffington Post.  I also would like to point out a very interesting article written by my colleague, Lori J. Paul, on her blog, californiafamilylawparalegal.  The article discusses a specific HIV/AIDS-related issue – adoption or conception by HIV+ men and women.  It is well worth checking out, and contains many additional resources not listed here, including a link to the official U.S. government website, AIDS.gov.

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