Note: This letter is in response to the public backlash against a letter sent by Mayor Mark Kruzan, City Clerk Regina Moore, and Council Members Mayer, Sturbaum, Volan, Satterfield, Ruff, Sandberg, Rollo, and myself to Arizona Governor Jan Brewer opposing Arizona Senate Bill 1070.

June 24, 2010

Dear constituents,

One of the most important rights we as Americans cherish is the right to equal protection under the law. Arizona Senate Bill 1070 makes equal protection for Americans who may look or sound like illegal immigrants almost impossible. The law, which is to go into effect in late July, says that “for any lawful contact made by a law enforcement official…where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.” The term “reasonable suspicion” is not defined in the legislation, but such suspicion would have to be based on outward appearances largely having to do with race. In order to enforce this law, Arizona law enforcement officials will have to use racial profiling. And if they don’t enforce the law, SB 1070 allows an Arizona resident to sue.

Arizona SB 1070 thus appears to violate the 14^th Amendment, which states that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." Whether it is legally unconstitutional I will leave to the courts, but it is clear to me that the law treats people who look and sound like illegal aliens (in this case, mostly those from Mexico or other parts of Central America) differently than it does those who don’t.

This situation concerns me as an American and as an elected official. I publicly oppose the Arizona law because it treats citizens unfairly based on race, because such a law is being considered in many other states including Indiana, and because I have sworn to uphold the US constitution as an elected government representative.

Illegal immigration is a big problem in this country, but laws such as SB 1070 are not going to improve the situation. What the law will do is scare peaceful central American immigrants (legal and illegal) into silence in the face of violent crime. It will further build the divide between white and brown in Arizona and in the country as a whole. According to US Census estimates, the non-white population of our country is 25% and growing. Racial bias of law enforcement against Latinos in Arizona is being felt as a sting to Latinos nationwide, as evidenced by national groups such as La Raza speaking out against the law.

In regard to what many have termed a “boycott” of Arizona by the City of Bloomington, I ask that readers keep in mind the symbolic nature of our letter to Arizona Governor Jan Brewer. First of all, it was a letter and not an item of legislation. It does not have the force of law. Secondly, our letter asked city department heads to reconsider the city’s financial relationship with Arizona-based companies before entering into new contracts. No current contracts, such as the one with Hoosier Disposal, an arm of Arizona-based Republic Services, have been cut. The letter also encourages Bloomington businesses to refrain from doing business with the State of Arizona (not Arizona companies, but the state government itself) and encourages Bloomington residents not to travel to Arizona. Despite the symbolic nature of the letter, I felt it was important to send this message and stand up for the rights of Latino citizens and legal residents in Arizona. Our letter was just one of many letters and resolutions sent by cities nationwide to Arizona expressing concern about SB 1070.

Some Hoosiers have stated that they will engage in a “reverse-boycott” and not patronize Bloomington businesses because of our letter. I have seen evidence of only minimal financial damage done to our local economy, although clearly the psychological damage businesses have suffered from hearing threatened boycotts of their stores has been real. Our letter to Governor Brewer has become a political touchstone in Indiana, and my colleagues and I have been accused of being traitors, of embracing violent Mexican drug-runners, and of neglecting our local governing duties in favor of making statements on an issue that does not concern us. None of these accusations are true.

I oppose the Arizona law because I cherish one of the fundamental rights enshrined in the US Constitution: the right to equal protection under the law.

Sincerely,

Isabel Piedmont-Smith
City Council President
Representative, District 5