Immigrants

ACLU Lens: Justice Department Sues to Block Alabama Immigration Law Previously Challenged by ACLU

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The government has filed a suit against Alabama’s draconian anti-immigrant law, which it said conflicts with federal laws and makes it too easy for police to detain people suspected of being in the country illegally.

Modeled on Arizona’s infamous SB 1070 but taking it to even greater extremes, the Alabama law is considered the most pernicious of a series of state anti-immigrant laws passed this year.

The Justice Department lawsuit filed Monday comes on the heels of a class-action challenge filed last month by the ACLU and a coalition of other civil rightsanizations charging the law is unconstitutional on multiple grounds. On July 21, the coalition filed a request that the court block the law from taking effect, pending a final ruling on the law’s constitutionality.

“The lawsuit will help protect the civil rights of Alabamians against legislation that mandates unlawful police searches and seizures in the name of immigration enforcement,” said Cecilia Wang, director of the ACLU’s Immigrants’ Rights Project.

The ACLU and its partners contend the Alabama law:

  • Authorizes police to demand “papers” demonstrating citizenship immigration status during traffic stops; and criminalizes Alabamians for ordinary interactions with undocumented individuals.
  • Chills children’s access to public schools by requiring school officials to verify the immigration status of children and their parents.
  • Unconstitutionally interferes with federal authority over immigration matters and subjects Alabamians – including U.S. citizens and lawful permanent residents – to unlawful search and seizure.

“We welcome the federal government’s effort to block Alabama’s unconstitutional law,” said Olivia Turner, executive director of the ACLU of Alabama. “We hope this law will be enjoined, just like the law in Arizona that inspired it.”

In the news:
> Montgomery Advertiser: Justice Department files court challenge to Alabama’s new immigration law
> Birmingham News: New Alabama Immigration Law Has Some Immigrants Already Planning to Move
> Department of Justice Lawsuit

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Stop Racist Hate in Immigration Debate

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We need to stop the racist rhetoric coded in the immigration debate.

Did you see the latest from conservative George Will? In his recent syndicated column, he argues that not all children born on American soil are really citizens. For example, if the parents are undocumented, then their baby born in the U.S.A. shouldn’t be a citizen. Will seems particularly concerned about “illegal immigrant mothers” who are giving birth in public hospitals in Los Angeles.

When I was sitting in history class in school, one thing my teachers kept telling me was how unique our country was. We are a nation of immigrants. Give me your tired, your poor, Your huddled masses yearning to breathe free!

I don’t remember my teachers telling me that it mattered who the masses’ parents were.

In fact, people coming from Europe often were escaping societies that focused too much on ancestry. In the United States, you can pursue the American Dream, no matter who your parents are.

Of course, we do have laws that regulate immigration, and we are in the middle of a debate about comprehensive immigration reform. But why should we punish the children for the decisions their parents made? If a child was born in this country, why should she have fewer legal rights just because of her ancestry?

That kind of thinking sounds like racism to me.

This argument about who should be citizens connects with many people’s concern that the complexion of America is changing. They seem to be stressed that someday soon, by the year 2050, there will be no clear ethnic/racial majority in our country. They are worried that more and more babies of color are being born and growing up as citizens in the United States.

It reminds me of the crazy talk at the recent Tea Party convention when Rep. Tancredo (R-Colo.) said that the reason Pres. Obama was elected was because of failed policies to regulate who votes. He said that Obama supporters were “people who could not even spell the word ‘vote’ or say it in English.” Then they even raised questions about Pres. Obama’s citizenship. Some extreme groups seem obsessed with the question about whether someone is really a citizen or not.

I find these discussions about citizenship to be coded racism. If you are not white, then your citizenship seems to be in question.

But in the United States, we are better than that.

One of Will’s main arguments is that the writers of the 14th amendment to the Constitution did not consider the problem of illegal immigration “because in 1868 there were and never had been any illegal immigrants because no law ever had restricted immigration.”

How might some American Indians and others respond to this statement?

Consider the Trail of Tears (1838-39) when thousands of Cherokee Indians died as Pres. Jackson moved them from their land. For some, maybe the white settlers (USA citizens) were the original illegal immigrants.

Yes, let’s invite different points of view into the immigration debate, but let’s keep out hate.

Food Processing Companies Need to Treat Workers Like Humans, Not Machines

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Can you imagine being severely hurt at your job, then going to the company doctor only to be told that you’re fine and you need to return back to work immediately? This is what happens to many immigrants and refugees in the food processing plants around the Midwest. When I first came to Southeast Iowa about two and half years ago, the first person I met was Juan*. He approached me in town because he had not seen me there before, and he invited me to his house. As we talked I learned of his story.

He told me of being injured at work; a deep cut on his left thumb. He showed me the doctor’s report which read, “3 inch cut, on left thumb, applied band aid and gave him two, ibuprofen”… “worker was sent back to the line to cut meat on the processing line.”

I thought to myself, ‘this is so barbaric!’ I thought it was an isolated incident; it wasn’t.

Over the last few years I have been able to help workers receive a little justice for their injuries. The sad part of this is that not only do they get hurt, but some workers are fired not long after sustaining an injury. There was a time or two I attempted get workers their jobs back, but had no success.

I began to understand that the workers in this industry were merely seen as production tools by these companies. It’s not taken into account that they are humans who are working at high speed, doing the same repetitious work over and over again for eight to ten hours a day. The workers describe this as, “humans competing against machines.”

The reason for the high rate of injuries is primarily due to the high speed of the line and also inadequate supplies, such dull knives and other equipment that wears out quickly.

Time has passed and nothing has changed. Just earlier this month a worker named Felipe* had sustained an injury nine months back on his hand; it was carpal-tunnel syndrome. While he has been going to therapy, he had not gotten any better and has been doing the same task at work, cutting up meat for at least eight hours a day. Finally we found him representation and he was able to get a surgery. Felipe did lots of paperwork prior to his surgery and was approved for a week of recuperation by the state’s workers’ compensation agency. After Felipe was done with his surgery and was ready to go home the company doctor told him he needed to return to work, because he could due “light duty work”.

Shocked by the doctor’s request, Felipe had no choice but to do what the doctor said for fear of losing his job. He returned to work and the pain in his hand also returned. He called me the next day and informed me about what had taken place. I was appalled and sad. After talking with him I began speaking with other workers, asking them if this had ever happened to them. All the workers whom I knew had been injured in the past, and they all reported to me that this had happened to them. They also reported that it was common practice for the plant’s doctors to send them back to work immediately.

Felipe has been interested in the Health Action Councils, which have been emerging out of our work here in Southeast Iowa. He feels like he cannot do this on his own and is looking for support from other workers. Felipe and his co-workers feel that this treatment is wrong and want to expose companies that do not report injuries to the state and do not adhere to labor laws. He also wants to continue to help this nation by doing his work.

Food processing companies should respect and be responsible to workers and consumers. These doctors should respect the dignity of each patient, no matter who employs them.

*Names changed for privacy.

Racism Rampant in Food Production

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Traveling in western Kansas, where the bad odor from big feed lots and meat processing plants is present in several communities, I held conversations with immigrant workers who mainly work in feed yards, dairy, land fields, restaurants, and processing plants.

Several times they expressed that they feel racism is present in their workplaces and how they’ve been discriminated against because of the color of their skin.

They comment that at some companies, having dark skin automatically put them at a disadvantage when it came to distribution of jobs. This, they say, is the case in meat processing plants where the most dangerous and difficult jobs are given to immigrants or refugee workers of color, and the less dangerous, easier jobs to white workers.
When it came to bathroom breaks or permits for a day off to attend to medical appointments, the workers I spoke to believe it is easier for white workers to receive them, but immigrants and refugee workers have to ask for permits with more advance notice and sometimes the permits are denied. When it comes to promotions, if it is between white and non-white workers competing for the same position, the white worker is more likely to get it.

In a conversation with Mr. Mario (name changed for his safety) who is the owner/operator of a semi-truck and contractor for an ethanol plant, he told me it was obvious that the company gives more contracts to the white owners than contractors of colors.

In the U.S. the food industry represents one of the biggest industries in the country and a big part of the workforce is immigrants and workers of color.

This industry is one in which low wages, exploitation and abuses are utilized to bring food from the fields and processing plants to the finest restaurants all across the country.

Racismo Inminente en la Produccion de Comida

Realizando un viaje por el oeste del estado de Kansas, donde la presencia del mal olor es inminente debido a los criaderos de vacas y plantas procesadoras de carne, recorriendo las diferentes comunidades en esa región y sosteniendo diferentes conversaciones con trabajadores inmigrantes quienes laboran en su mayoría en criaderos de vacas, lecherías, campos agrícolas, restaurantes, plantas productoras de etanol y plantas procesadoras de carne, en repetidas ocasiones he escuchado de boca de estos trabajadores expresar como el sentimiento racista y discriminatorio esta presente en sus lugares de trabajo.

Es muy notorio que siempre en varias compañías el hecho de ser de piel obscura automáticamente pone a los trabajadores en desventaja a la hora de la distribución de trabajos, tal es el caso de las plantas procesadoras de carne en donde los trabajos mas difíciles los realizan trabajadores inmigrantes o refugiados de color y los mas fáciles y menos riesgosos son otorgados a trabajadores blancos.

Cuando se trata de obtener un permiso para obtener un permiso para asistir a una cita medica o la necesidad de estar ausente un día en el trabajo, en repetidas ocasiones he escuchado mencionar que a los trabajadores blancos se los otorgan sin ningún problema mientras que a los de color con mas dificultad o aveces le son negados, en el momento de promociones o alguna posición mejor, el trabajador de color esta en desventaja ante el trabajador blanco.

En mi conversación con el señor Mario quien es dueño y operador de un camión de carga expresaba su descontento porque el ve que a el y a sus compañeros latinos le son otorgados menos viajes que a sus compañeros blancos, representando menos ingresos económicos para los operadores latinos.

En los Estados unidos la industria de la comida representa una de las industrias mas grandes en el país y en buena parte de ella la fuerza laboral esta conformada por trabajadores inmigrantes y de color, lastimosamente esta industria también es una de las industrias en las cuales la explotación de trabajadores y las bajas tarifas de pago son inminentes desde los campos de cultivo y plantas procesadoras hasta los mas finos restaurantes en todo el país.

Divided Workers Can Come Together

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When I entered the workforce as a young adult, I had to learn to navigate professional relationships and sometimes conflicts. I have been fortunate enough to be upfront with my differences or conflicts, even with people in more powerful positions than me. Unfortunately, in places such as meatpacking plants or other factories where there are immigrants, refugees and other workers of color who are earning low wages and little to no other fringe benefits, this is not possible.

I would like to tell you a story of two unlikely friends, in an unlikely place, who found themselves in the same situation. These two fellows were not free to express opinions or disagreements in their workplace. Both were trying to work hard in order to feed their families, one is a Latino man named Jose and the other an African American man named Fred, both lead workers. Jose started working at this place about five years ago, the African American about six months ago. Jose had been waiting for a small promotion to become head of a particular line. Fred came in and worked hard and was able to attain the position within 35 days. Nevertheless, no one can blame him.

After talking with him and trying to help him get to know the area, I went with him to visit some towns nearby. While talking to me, he said “I don’t understand why the Latino people on my line won’t talk to me ever since I became head of the line.”

I asked him, “Have you been treating the rest of your crew differently since you took over the line?” He said, “No.” After talking a while he came up with an answer that made sense. His answer was, “they are probably mad at me because I’ve been there the shortest amount of time and the management gave me that position, without me ever bidding for it.” Bidding for a job is when workers tell management that they want to be in charge of a certain duty or area, and they have a tryout open for all.

In these situations, immigrant and other workers of color are often pitted against each other to compete for meager raises. They will do whatever it takes to win favors, so that they can be chosen to head a line or a crew. For many that might mean putting up with petty abuses from supervisors or even doing other unreasonable or undesirable tasks. For many, it could also mean being at odds with the co-worker next to them who is also struggling to make ends meet.

These corporations have perfected the practice of putting one group of people against another. It’s commonly known as dividing and conquering. They do this to maintain power, so that the two groups won’t support each other. Instead it leads to constant fighting with one another.

Fred and Jose agreed to meet with me. We were able to talk about and better understand the structure in which they are forced to work. As a first step we were able to build some basic trust to continue to break barriers. This won’t solve all the problems they face by working in a hostile environment. But it’s a step towards a better future.

Imprisoned Freedom

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The days pass and pass; it has been more than a year of promises and hopes of freedom for the immigrants in this nation. At this point they have not seen any of the promises fulfilled and hopes are vanishing. It is hard to accept that in this nation of freedom and justice for all, that freedom and justice are imprisoned by the decisions of a few politicians.

I remember a time when the presidential campaigns were offering immigration reform to obtain votes from the Latino population, but now I see that immigration reform is a subject that is not discussed. Now it is another year of elections and I don’t hear a lot in regards to immigration reform because it is apparently controversial and damaging for some political careers. Without care for the benefits that millions of inhabitants of this great nation would have, I hear talking of how to diminish the unemployment and to improve the economy. However, I do not know how is possible that a solution that would be more efficient is being ignored.

In my experience, day in and day out talking with migrant workers, I hear that they don’t buy a house, car, or other things because of their situation. They say that their lives are unsure and unstable as migrants. Some people have TPS (Temporary Protected Status), another 12 million are considered undocumented, and millions more that have TPS will not be given the opportunity to have a stable permanent status. What if all of these working families could be free to work hard and build a life here in America?

If immigrants could come out of the shadows it would make an economic market with millions of new homes, cars, and more. Those sales could create millions of new jobs, more sales taxes, and generate a stronger economy. Plus millions would create new businesses and companies that would create even more jobs. Isn’t this a concrete, efficient and logical solution?

LIBERTAD ENCARCELADA

Los días pasan y pasan, hace ya mas de un año que promesas y esperanzas para los inmigrantes en la nación de la libertad fueron dadas, a estas alturas lo único que se ha visto son promesas sin cumplir y esperanzas desvaneciéndose, es difícil aceptar que en esta gran nación de la libertad y la justica para todos, esa libertad y justicia están encarceladas en las decisiones políticas. Recuerdo en la época de campaña presidencial los ofrecimientos de una reforma migratoria para poder obtener el voto de los latinos sin embargo ahora veo que una reforma migratoria no es un tema que se quiera abordar. Ahora también en un año de elecciones, no escucho hablar mucho de una reforma migratoria porque seria controversial y dañino para algunos en sus carreras políticas sin importar lo beneficioso que seria para millones de habitantes de esta gran nación, escucho hablar de cómo disminuir el desempleo y mejorar la economía mas sin embargo una solución que seria muy eficaz, parece estar siendo ignorada. En mi experiencia dia a dia, hablando con trabajadores inmigrantes escucho decir que no compran una casa o un carro u otras cosas porque su situación migratoria es incierta e inestable aún para los que ya poseen un TPS (status de protección temporal) si a esos 12 millones que se considera que están indocumentados y otros cuantos millones que ya tienen un TPS se les diera una oportunidad de tener un status migratorio estable, serian también Millones de casas, carros, etc.etc. que se podrían vender creando asi millones de nuevos empleos y generando grandes ingresos a la economía eso sin contar también los millones que se tendrían que pagar por cargos de procesamiento y la creación de nuevos negocios y empresas que ahora muchos no pueden hacerlo. Acaso no es esa una solución, lógica, concreta y eficaz?

White Nationalist Rhetoric Prevalent in Mainstream Discourse

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The term “illegal alien” or “illegal immigrant” is not acceptable in mainstream rhetoric. Not from anti-immigrant advocates and especially not from immigrant rights supporters. I sometimes hear conversations that allude to using the term “illegal” to gain support for immigration reform from people in the ‘middle’. While the argument sounds logical, the term “illegal” was inserted into the mainstream by anti-immigrant groups, and every time we use it, beyond criminalizing people, we perpetuate a racist framework.

The term “illegal alien” is fairly new. When the 14th amendment was ratified in the 1800s, the term did not exist. After 1965, when the Immigration and Nationality Act was passed, which redressed previous laws that favored immigrants from Europe, terms like “illegal Immigrant” or “illegal alien” were inserted into mainstream discourse by white nationalists. Those that saw this country as a homeland for white people – not only to be controlled economically and politically by whites, but to look white – were disturbed by the influx of people from the global south after the 1965 Act.

It was intentional on the side of anti-immigrant leaders to label immigrants of color as “alien” and as the “other”. The term “illegal” was part of the effort to repeal anti-discrimination laws passed during the civil rights era, and to enact a set of legislation and enforcement that criminalized and restricted immigrants of color from entering the country. The language created by white nationalists is reflected in so many of the comment sections of blogs and articles on immigration. Just recently, Dream Act students blasted USA Today reporter Emily Bazar when she used the term “illegal student” in an article.

Language constructs reality. So why do I find it disturbing when I hear strategies about gaining support for immigration reform by using the term “illegal”? Not only does it irk me to use the framework and language of white nationalists, but it is a way of consenting to bigotry.

While we must always act strategically and gauge our goals based on the actual political climate, when we take up the language of anti-immigrant white nationalists it is not concession; it is putting our hands up and claiming defeat. This is a time to stick to what we know is right, to use the term “undocumented”, to fight for what is true and real in the face of political games and gains. If we do, we will have laid the foundation for a society that is based on human dignity rather than fear, divisiveness and separation.

Leaders Work to Counter Harsh Realities of Meat Packing

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It is very difficult to have a good understanding of the hands that feed us every day and the harsh reality that workers undergo daily in the meat packing industry. They are some of the hardest jobs in the food industry and most dangerous in any industry. So it falls to the newest immigrants, refugees and people of color in general to fill these jobs and bear the burden of their risks.

I would like to share the reality of what is happening in rural Midwest communities. The suffering due to work-related injuries is increasing every day now, but many feel they have no other option. These are the highest-risk, lowest-paying jobs in the industry. Unfortunately, the employers know quite well the suffering of workers, but greed has overtaken where there should be humanity.

Injuries and suffering are talked about daily in these communities, but some individuals have had enough and are standing up for the rights of all. The stories of these brave individuals range from those fighting for simple bathroom breaks to a diabetic patient requiring just a glass of water during the day to maintain his blood sugar to the Muslim worker who is forced to choose between faith and a job when management denies his/her right to perform daily prayers.

In my opinion, one of the great things to come out of this renewed stand for justice is the power of people of diverse and different backgrounds to come together to work on not only workplace issues, but health issues for the rest of the community, like securing H1N1 vaccines or transportation for families to supermarkets.

Last week, the second Health Action Council regional meeting, sponsored by the Center for New Community, was held in Iowa, and it was wonderful to see talented leaders come together to advance the agenda of shared concerns. It was a testimonial to the diversity in the group and the great interest of issues that cut across their individual communities. Many in the table were able to share the zeal and strength of leadership and capacity for success of their health action councils.

Many of the leaders reiterated the passion they have and it was quite extraordinary to see some of the local work transform itself into the a larger context.

An OSHA representative came to consult with the workers and was able to share a lot about how immigrant and refugee workers can forge better relationships with agencies to provide trainings and resources.

The fruits of this struggle are still on the horizon, but the lesson learned is that we will always prosper and remain steadfast in our commitment for a better tomorrow.

March Today in Phoenix, Arizona

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2010-01-14 16.14.29As you are reading this blog, close to 10,000 people are taking to the streets in Phoenix, Arizona in a show of solidarity against the oppressive authority of Sheriff Joe Arpaio and the Maricopa County Sheriff’s Office. Over the past two days in Phoenix I have had the chance to meet people from all walks of life who have descended upon Maricopa County – ground zero in the immigration battle. People here have been planning the march against Sheriff Joe since May of 2009.

There is a tremendous sense of fear, anticipation, and excitement in the air. The good folks at Puente, AZ who have organized the march remain incredibly calm as 10 am approaches, the time the march is due to start. I arrived Thursday at the Tonatierra a beautiful blue and orange building which serves as the home of Puente as well as a community center which caters to people from all parts of Mexico.

I arrived just in time to sit in on a sign-making class conducted by Hernesto, an artist from LA, and Orlando, a local Puente activist. Before I knew it, I was shedding my buttoned shirt and khaki pants for a white t-shirt and some shorts to help in the sign-making. The most eye-catching and powerful sign is the image of a monarch butterfly, a symbol that has a lot of significance to the immigrants and immigration activists here in Arizona. Each year, the monarch migrates from Canada south to Mexico and back again. The question often asked in this part of the country is ‘if it is natural for an animal such as a butterfly to migrate, then why should we as humans be restricted from migrating?’

The scene at Tonatierra is dominated by artists and activists. Before the community center existed, the neighborhood around it was completely run down and desolate but in recent years it has been converted into an activist/artist haven complete with an (almost) vegan coffee shop. I went to lunch nearby with one of the artists, Francisco, who told me his story of being arrested by Sheriff’s Joe’s cronies and being thrown into the tented village for the night. Not only did he have to wear the now infamous pink underwear, but he had the unfortunate luck to be stuck in the tents on the only night of the year that it snowed in Phoenix. He can look back at the situation now and laugh, but he said he will never forget the suffering he was caused at the hands of the Sheriff. I am staying at a Quaker house not too far from Tonatierra with three dedicated organizers, Jason, Tenacity, and Peter, who could not be more hospitable towards me. They told me the history of their battle against racism and bigotry in this county as well as what to expect at the big march tomorrow.

I have spent most of today (Friday) making phone calls to people all across Phoenix encouraging them to come to the march as well as helping to make more signs. Seeing men, women, and children of all backgrounds coming together to make signs was a very powerful thing that will stay with me for a long time. This evening we had a delicious dinner followed by prep for the march and a moving prayer from a Rabbi who came from LA and some locals with roots deep in the heartland of Mexico.

All the signs are the march will be peaceful everyone is not letting their guard down. Arpaio looks set to show his face tomorrow and when he does he will cast his gaze upon 10,000 people who have come from all parts of the country to take a stand against the hate and fear that he has brought to this county.

Keep checking Imagine2050 in the coming days for a full recap and video of this groundbreaking march against bigotry!

Mark Krikorian’s TPS Comments Contradict Anti-immigrant Agenda

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Once again we are seeing the John Tanton Network use one of its tentacles, Center for Immigration Studies, to mask its extreme agenda. Mark Krikorian, speaking on behalf of the John Tanton Network’s Center for Immigration Studies, said “The Haitians in Florida are certainly upset about this tragedy… but this is going to end up benefiting them immensely.”

Krikorian’s remark was reported in The National Journal’s article about how politicians on both sides of the aisle are pressing the Obama administration to grant Temporary Protected Status (TPS) for Haitians who are residing in the U.S. In another article, Krikorian says TPS for Haitians may be justified, but also stated that it is his understanding that things would “sort of get back to normal in a few months.” He believes that after a few months the Haitian refugees should be forced to return to Haiti. This would compound the tragedy of Haiti and the Haitian people.

Believe it or not, this is the softer version of the Tanton Network’s stance, which states that Haitians should be granted TPS only if it is denied to refugees from other countries.

The Tanton Network has long advocated against assisting Black immigrants and refugees. In 2004, Joyce Tarnow, advisory board member of the Federation for American Immigration Reform (FAIR), another Tanton Network organization, was quoted as saying, “We need to help nations that can subsist and let others wither on the vine,” and her advice for Haiti was “Stew in your own juices.”

This is not the first time a Tanton Network organization has advocated to send Black people into unstable situations. Eric Ward outlined in his blog Anti-Immigrant to Blacks: Go back to Africa how Dan Stein of the Federation for American Immigration Reform (FAIR) used nearly the exact same argument to force Liberians to return to a country still recovering from the wars that ravaged that nation and its people.

Another spokesperson of the Tanton Network, Jessica Vaughan, Director of Policy Studies Center for Immigration Studies wrote, “One legacy of TPS has been its contribution to the burgeoning street gang problem in the United States.” She pointed to a study that she authored as evidence. Her pronouncements dripped with racist overtones, as do the statements of Krikorian and Stein.

Krikorian is following the same script that the John Tanton Network has employed for years. If Krikorian truly wants to be a voice of repute in the TPS discussion, he must renounce the Tanton Network and its racist foundation. Until that time he is just another bigot.

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