Heroic Giffords Intern Daniel Hernandez Could Be Asked For Papers Under AZ Immigration Law

[Amerigo Vespucci]

Heroic Giffords Intern Could Be Asked For Papers Under AZ Immigration Law



http://www.huffingtonpost.com/2011/01/10/heroic-giffords-intern-co_n_806999.html

WASHINGTON -- When a gunman attacked Rep. Gabrielle Giffords (D-Ariz.) and others on Saturday, 20-year-old intern Daniel Hernandez ran toward the shots to try to save those who were injured. He stopped to check pulses on several victims before finding Giffords, who had been shot in the head. Hernandez applied pressure to the wound, holding his boss of five days until his clothes were soaked with her blood. Hernandez, trained as a nursing assistant, lifted her head so that she wouldn't choke on her own blood. When an ambulance came, he climbed inside with her and held her hand.

"I think it's a little strange to be calling me a hero, because the things that I did was a one-off," Hernandez said on CBS's "The Early Show" on Monday. "However, the real heroes are people like Congresswoman Giffords, who have dedicated their lives to public service and helping others."

Hernandez may have saved the congresswoman's life. But under Arizona's controversial anti-immigration law, SB 1070, those with Hispanic names -- like the Mexican-American Hernandez, who is a naturalized citizen -- could be asked for papers at a police officer's discretion. Any legitimate reason for police contact with an individual they suspect of being in the country illegally could prompt a request for identification, and witnessing a shooting would be one such reason.

"If you are a witness for a crime, the officer would have a lawful reason to approach you, and if they had any reason to suspect you might be an alien, they could ask," Aarti Kohli, director of immigration policy at Berkeley Law School's Warren Institute, told HuffPost. "The big question is what is reasonable suspicion."

[Ruby the Liberal]

1. He is a naturalized citizen?

Does he not have the right to tell them to fuck off?

[Amerigo Vespucci]

3. Only after producing his I.D., it seems

As long as he has a name that "sounds Hispanic," he needs to "pass inspection."

[leveymg]

6. Yes, he can tell them to f-off, but if he can't produce a Natz Cert, he can be thrown in the clink

and ICE will be called, and they'll put a hold on him. He'll spend days behind bars until ICE finally comes and either clears him or issues him a Notice To Appear before an Immigration Judge. He will likely continue to be held until he finally satisfies the Judge that he's got his Natz papers.

The really gruesome part is that the ICE can keep him locked up for months if they challenge the basis of his naturalization, and he could be eventually put on bus back to Mexico.

Welcome to America, Buenvenidos.

[emilyg]

2. Was he asked for papers?

[Amerigo Vespucci]

4. Not according to the article...I think they're just illustrating a point

Later the author writes that the law might "deter" minorities from reporting crimes if it meant having to produce their papers.

[jillan]

5. That is a little bit of a stretch, you think? He has to be committing a crime before he can be asked

[nadinbrzezinski]

7. Read the legislation, they can

One reason why I avoid AZ now. I don't feel like traveling with my US Passport.

[jillan]

10. I live in Arizona.The courts had them change the law to make it say that they cannot ask for papers

without a violation first. The courts did this to stop officers for pulling over Hispanic people just because they are hispanic.

[nadinbrzezinski]

13. And I am still travelling with a passport

don't feel like spending any time in ICE custody. Better yet, just avoid the state.

[Amerigo Vespucci]

15. Maybe in the scenario of someone walking down the street, minding his or her own business...

...but at the scene of a crime...like the Giffords shooting...the cops could, "at their discretion," ask for papers.

And I agree with the article...if that's true, there are going to be some people who are going to stay in the shadows, no matter WHAT is going on.

[leveymg]

8. Not true. He could be held as a material witness, and the nightmare scenario unfolds

that I described above.

[gmoney]

9. so, all the immigrants just have to change their name to Bill Jones or Sally Smith?

Seems like a simple solution ;)

[leveymg]

12. That's encouraged. Just fill in a nice Anglo name on the Natz application, and it is done. Fini.

Tom Jones. Mary Smith. Prepare to be assimilated.

[Unvanguard]

11. And they won't let him marry either, and are in court to deny people like him health benefits.

It's a crazy messed-up world.

[Raine]

14. That thought occured to me too

very sad that someone like that could be humiliated and harassed.