“AZ SB 1070 is not a law.” With these words, TONATIERRA representative Tupac Enrique Acosta addressed a press conference today at the Arizona State Capitol upon announcement that the 9th Circuit Court of Appeals upheld District Court Judge Susan R. Bolton’s injunction against of the most heinous parts of AZ Senate Bill 1070.
The injunction by Judge Bolton came on July 28, 2010 one day before the legislation was to take effect and as a result of a U.S. Department of Justice lawsuit against AZ SB1070 that argued that the statute was unconstitutional and preempted by federal law. Arizona Governor Jan Brewer then appealed the injunction and today that appeal was denied, which sends the case back to Judge Bolton’s court where the lawsuit will continue.
AZ SB170 was signed by Governor Brewer last April 23, 2010.
Referring to grave “foreign policy implications” which could come to effect if the enjoined sections of 1070 were unleashed, the 9th Circuit Court of Appeals still did not address the issues of violations of international law which are at the core of the US-Mexico-Canada immigration policies taken as a whole, vis-a-vi the Rights of Indigenous Peoples and the Human Rights of Migratory Workers.
“We support and agree with the position of the 9th Circuit Court today which upheld the partial injunction against section of AZ SB10, yet these judicial and legislative acts and remedies have not addressed the underlying foreign policy of genocide and territorial expropriation via immigration policies that favour the European-American constituencies at the expense of the Self-Determination of the Indigenous Nations, Pueblos, and the Mexicano Barrios referenced by the Treaty of Guadalupe Hidalgo (US-Mexico 1848),” said the representative of TONATIERRA.
“Where is the recognition of the Nations of Indigenous Peoples of this continent, and for the territorial rights of the O’dham Nations upon whose lands this state capitol stands?” he said.
Instead the 9th Court of Appeals decision references the “movement” by Angles and Saxons into Roman Britain, but there is no cognition much less recognition the baseline of legality for the US jurisdiction itself in the hemisphere, Arizona included, is the Doctrine of Discovery, which legitimized a political construct of race supremacy continentally and subsequently the establishment of regional anchor baby settlements by European-American “White” populations under the guise of the Doctrine of Manifest Destiny.
“The hemispheric religio-political constructs of white supremacy which frame AZ SB10 are violations of our common human spirit and will not be tolerated, much less endorsed as public policy or law for our Communities or Peoples. We will not comply. AZ SB 1070 is not a Law.” said Tupac.
The decision by the 9th Circuit Court of Appeals today reiterates what has been stated many times over by the protests and mega-marches of hundreds of thousands of people from all walks of life against the policies of discriminatory law enforcement and legislation that officializes racial profiling which have been coming out of the Arizona state legislature under the leadership of Senate President Russell Pearce.
AZ SB170 was never an immigration law, but a tactic of the war of attrition in alignment with the federal Operation End Game program. It was and is still is a law of persecution, state sanctioned persecution under the guise of law, whose real purpose is to prop up the position of privilege and power of the constituencies of “white” America. The decision today by the 9th Circuit Court is yet another Wakeup Call from that nightmare, the Nightmare of Manifest Destiny.
AZ SB 1070 Is Not a Law
When in the course of Human Events, it becomes necessary for the Voice of the Peoples to be heard, and their presence as members all of the PUBLIC to be recognized as Human Beings with equal right of self identification and self determination as PEOPLES of the Nations and Pueblos of Mother Earth, such jurisprudence demands that at the present time the clarification be boldly made and convincingly argued that:
AZ SB1070 IS NOT RECOGNIZED AS LAW,
Being instead an ill-conceived and illegitimate product of state sanctioned racial profiling in the form of an unacceptable act of legislation, which is to the detriment of the common well being of all members of the State of Arizona, and which without recognition as law by the Peoples of Arizona, is hereby denounced and shall be defied in the
Spirit of Non-violent Peaceful Resistance.
AZ SB 1070 a product of the tragically flawed legislative process of collusion and illegal manipulation of the powers of representative government to the benefit of an illegitimate and immoral power structure of historical complicity built upon the discriminatory principles of Manifest Destiny, whose precedent in the form of the Doctrine of Discovery we also now reject once more and shall continue to challenge as a deformation of our COMMON HUMANITY, which we share with All Our Relatives from the:
Four Directions of Mother Earth.
Source: NAHUACALLI – Embassy of Indigenous Peoples