Note: A federal judge just blocked parts of Arizona’s SB 1070 this morning. You can read more about that here. SB 1070 was scheduled to go into effect as passed tomorrow.

Tomorrow the most anti-immigrant state law will go into effect in Arizona. While the federal government via the Department of Justice has filed a brief injunction to attempt to stop the law from going into effect, there’s no sign that Arizona will have a change of heart. Recently, Chris Rock was on The View and he was asked about Arizona and SB 1070.  Rock responded, “I feel bad for the Mexicans. I think they should just leave.. They don’t want you there. Blacks did in South Carolina.”

While there have been some reports of Latino immigrants leaving the Grand Canyon State, the majority have not. Recently, I asked some friends from Arizona if Latinos are leaving and they noted that while some families have left, many have stayed put. The reason? Economics. The economic situation is dire. Many immigrants have bought homes, are barely surviving, and simply don’t have the means to get up and go. While thousands have departed the state, tens of thousands simply cannot afford to. This reminds me of when former California GOP Governor Pete Wilson later recanted to a close friend why Latinos hated him so much, and Wilson was told, “you managed, via Proposition 187, to anger not just Latino immigrants but Latinos in general.”

A country stolen by trickery of the natives and bartered with senior Mexican military officials for 1/3 of Mexico, built and strengthened by immigrants (Mexicans, Irish, Italian, Polish, etc) has taken an isolationist view in regards to immigration. There is a belief in this country that immigrants rob from the United States. This couldn’t be further from the truth. What we need to remain a 21st century leader is to be open and transparent, much like we were in the 19th and 20th century. When our nation was more open and welcoming of immigrants, we created the economic engine that made our country the envy of the world. The US has been losing some ground in technology to countries abroad; do we, as Americans, really want to import every food we eat? Our strawberries, tomatoes, lettuce, oranges and beef? How many volunteers have raised their hands to pick the crops on American fields? Stephen Colbert was the last guy who raised his hand making the final count 4. Yes, four Americans ready to replace immigrant farm workers. This is laughable, tragic and painful all at once. The agricultural industry, greatly subsidized by American taxpayers, relies on hardworking, determined, “no BS” workers.

President Obama and the Congress must act, not before November elections, not in 60 days, but now. Not just more Larry Pages, Sergey Brins, but all immigrants. We must legalize the workforce that for so long has been in the shadows and not realized its God given potential. We must, like Fred Wilson pointed out, increase the visas for science, technology, engineering, and medicine (STEM) grads, startup visas, and H1B visas to ensure American companies have a steady stream of high caliber workers. And most of all we must not let comprehensive immigration reform be a political football like we’ve seen with Americas War Veterans with the U.S. Department of Veterans Affairs.

I was listening to a local Spanish-talk radio program, and the caller argued for why SB 1070 might be good. He argued that the federal government deducted $287 from his paycheck, for almost ten years now, but that he will never see a dime of that. His argument was that SB 1070 might propel the Congress and the White House to initiate comprehensive immigration reform, and therefore, he might in the future begin to see the fruit of his labor.

Americans, by nature, whether documented or undocumented have interests and we play to those. Clearly, Latinos aren’t going anywhere. We’ve purchased (or rented) into the American dream, including buying homes, cars/big pickups, groceries, technology, and sending our kids to American colleges. Whether this gentlemen’s predictions are right is for another column, but I do know SB 1070 has created a hornets nest of discussions on TV, radio and the internet. My fellow Chair and former Vice Chairman wrote “The Two Arizonas” in the state’s largest-circulated newspaper, and they were asked by an OregonLive.com commenter to show their green card.

Massive mobilizations have been and continue to be organized using radio, TV, social media networks, email campaigns and text messages. We’ve seen these before, but what will be different? How will these mobilizations using offline or online methods curtail or exponentially grow SB 1070s across the country? Already, about a dozen other states are considering similar legislation, including Utah, Georgia, Colorado, Maryland, Ohio, North Carolina, Texas, Missouri, Oklahoma and Nebraska. There’s a sentiment by undocumented immigrants alike: SB 1070 is the clearest example that immigrants are welcome to rent and buy in America, pay federal and sales taxes, but you’re not allowed to become a true American citizen. How many more SB 1070s will it take for the Congress to act? And more pointedly, what will it take for the Congressional Hispanic Caucus to taken seriously in this debate? The right and wrongs of SB 1070 did not begin in Arizona or neo-nazi marches that ferment the Grand Old Party (GOP). They began when Latinos and Americans alike failed to get involved in the democratic process before the historic signature signing that created this discussion.

Blog by David Molina, currently serving on the Oregon Commission of Hispanic Affairs:

Latinos have never shied away from a fight either against the United States (think U.S-Mexico War) or for the U.S. (Civil War, WWI, WWII, Korean, Vietnam, Persian Gulf, and now in Iraq and Afghanistan). While SB 1070, signed into law last week by Governor Jan Brewer of Arizona, gives law enforcement officials the “green light” to enforce federal immigration policy, as a parallel to 287(g), many speculate the decrease in calling law enforcement to crime scenes particularly with undocumented communities. At the same time, speculation that Latinos will be rounded up after weddings and quinceañeras and at our daily favorite restaurants, we must remember that this new law takes effect in less than 90 days. Latinos have seen this before. Despite massive protests on the streets and letter writing campaigns campaigns, in 1994 California passed Proposition 187 which eliminated public services to undocumented residents and led to major discrimination and hate-crimes against Latinos. In 2007, Pennsylvania made it a crime to rent to undocumented Pennsylvanians leading to a downward economic spiral and an exodus of residents impacting entire cities and county budgets. In 2008, Oregon passed a measure eliminating the issuance and certification of a drivers license to undocumented residents. Obviously, cities and counties are laboratories for the states; the states are laboratories for the federal government. Will SB 1070 language begin seeding in other communities or will it be a wake up call to the serious immigration reform talks that need to happen?

Latinos are the last front in the U.S. By 2040 the U.S. Hispanic population is expected to reach or exceed 100 million when one in four persons will be Hispanic making our group the largest and fastest-growing ethnic/racial minority population group in America. Our purchasing power surpassed $1 trillion dollars in 2006 and is growing at an average rate of four billion dollars per month and 50 billion dollars per year. Some pundits have speculated that SB 1070 is aimed at suppressing Latino voters in the November election. The myth on the street and the cable channels is that Latinos are politically apathetic, while far from it, Latinos are registered to vote at a rate six times greater than the general population and turning out to vote at a rate five times greater than the general population. Giving Arizona law enforcement officials authority to ask for individuals proof of residency may curtail the out-of-control violence on the Mexican side of the border by the drug cartels, but slamming innocent hardworking families in the crossfire, and potentially leading to racial profiling.

If history is any indicator, Latinos are not going away. Piolin Por La Mañana asks his Latino callers every time when they call, why they came to the U.S. and the response is always the same: “a triumfar” or “to triumph, to succeed.” It’s a simple reminder that Latinos aim to be part, contribute and build this country stronger just like African-Americans, the Japanese, the Irish and Italians before. America was founded by hardworking immigrants. As a son of immigrants, from my experience, our family has a love for the United States. I don’t believe we can continue to sacrifice and build this country from the ground up and then tell immigrants that they are welcomed, then compromise that contract as SB 1070 just did.

So where is the America that could be?

1. Boycott Arizona. Avoid traveling there and engaging with business headquartered in the Grand Canyon state.

2. Make sure that you and all of your friends and family are registered to vote and are informed about the upcoming midterm elections — and then get out and vote. Conventional wisdom is that we (Latinos and other Americans) don’t turn out in as large of numbers for midterm elections, but our participation is as crucial as ever.

3. Contact your Congressional Representatives and Senators and ask that comprehensive immigration reform be pursued.

On January 28, 2010, huddled inside a Mexican grocery store & panaderia in Gresham, Oregon, Labor Commissioner Brad Avakian and I hosted a Labor & Employment Forum to educate Oregonian workers of their rights as workers, the work of the Bureau of Labor and Industries (BOLI) and most importantly to listen to concerns from the Latino community. Interestingly, it began with a conversation I was having with Roxy De La Torre and Delia Hernandez over at KUNP-TV Univision regarding Latino workers not being paid. In their role as journalists they would receive calls and emails from workers who had performed work but were not being paid, workers who often didn’t know their rights, and workers who sent their requests over to BOLI but were being denied a claim. I became curious, and asked Commissioner Brad Avakian if he and his bilingual staff would join me at a community forum in Gresham to discuss and respond to these concerns, which he happily agreed to. Oregon Labor Commissioner Avakian leads BOLI and is one of six statewide-elected officials. He’s the person responsible for ensuring that “when you work a days work, you get paid.”

A few takeaways from the community forum:

BOLI receives and processes thousands of claims annually, but not all are awarded. Workers should document who they are going to work for at all times, including but not limited to business name, owner/contractor, address, phone, location of work, hours of work, etc. It doesn’t matter if you are a citizen of the United States of America, everyone who works has the right to get paid at least the minimum wage for hours worked. Document the license number of person who writes you a check in the case the check cannot be paid.

From the Q&A w/ Commissioner Brad Avakian:

Q: What is your agency doing so that construction company’s treat us equally with full benefits, not as sub-contractors.
A: We need to know when this happens. They need to pay you as an employee. Please let us know so we can help. We legally have the power to demand them to pay you.

Q: Is it illegal for companies to treat you as a sub-contractor?
A: If you are an employee, yes.

Q: I worked for a construction company for 3 months and I haven’t been paid. What do I do?
A: That’s illegal, they have to pay you. You need to file a claim. Companies have to pay you whether they have money or not. But, if they are in bankruptcy, there are funds to help companies in crisis.

Q: Why don’t I get a pay stub but I get taxes taken from my check?
A: That’s a problem, let us help.

Q: Why do companies do this? What is BOLI doing to stop this?
A: We need to know they are doing this in order to help. Employers have to pay at least the minimum wage ($8.40 p/hr), not just pay you.

Q: What are the rights when people get sick on the job?
A: When a person gets injured at work don’t go to BOLI, go to Workers Compensation. There’s a a way to get medical treatment and wages payed when you get hurt. If your employer fires you, then you got to see BOLI. Just remember this: call BOLI for any questions and we will direct you to the appropriate agency.

Q: What info is needed to win a case?
A: The more info you can give us, the better, i.e. any info that is given to you by your employer that specifies hours and wages you were told you were going to be paid, witnesses and other co-workers contact information.

Q: How long do I have to file a claim with BOLI?
A: A person has to file a claim with BOLI within a year after being unfairly fired.

Q: Is it illegal to not get a pay stub? A pay raise?
A: It’s not illegal to not get raises. Keep records of how many hours you are working in case they are not paying you so you can get your wages. Yes, you are entitled to your pay stub.

In the Nov 2009 Health Care Reform & Latino Health Care Disparities Forum, I used a combination of Spanish-TV, radio and print marketing (2,500 flyers) and the event attracted upwards of 60+ individuals. In the Labor & Employment Forum, I dropped the print marketing and focused my attention on producing a 30-second commercial (disclaimer: sponsored by Tienda La Tapatia & El Rey 93.1FM) and did interviews on KUNP-TV Univision, La Gran D, and Radio Tonalli. The results were as expected. Non-stop calls of individuals RSPVing to the forum.

Heartfelt thanks to Commissioner Avakian and his bilingual staff for their participation. Special thanks to Milan Homola of Clear Creek Community Church for letting us borrow chairs; Obie Quiroz and MEChA at Mt. Hood Community College for setting up chairs/tables, take-down and manning the registration table; Alvaro Gongora of Reynolds School District for his a/v equipment set-up and expertise. Special thanks to El Hispanic News y Más, AlegreTV and KUNP-TV Univision for their special news coverage. And, finally, Mauricio Alvarez of Tienda La Tapatia for his generous hospitality and sponsorship.

Commissioner David Molina serves on the Oregon Commission on Hispanic Affairs, an eleven-member statewide commission with statutory authority that advises the governors’ office and legislative body on all policy issues pertaining to Oregon’s largest and fastest-growing ethnic community, Latinos. Appointed by Governor Ted Kulongoski in April 2006, he was recently reappointed to a second three-year term.

Photo: Brad Avakian

Yesterday evening, over a dozen Chicana/os and Latina/os, from locally elected to state appointed, from American educated to small business owners, from military veterans to health care workers, and from engineers to educators, gathered around to have a conversation with David Robinson, a candidate for Oregon’s First Congressional District, in the heart of the Silicon Forest in Hillsboro, Oregon. Long-time residents, Emilio & Adriana Cañas, graciously hosted candidate Robinson who is running against Congressman David Wu, whose district represents the northwest corner of Oregon, including Clatsop, Columbia, Washington, Yamhill counties, and a sliver of Multnomah County, Southwest Portland. Wu has represented the district since 1999.

Much has been written about the “sleeping giant,” the term coined during the 1950s by anthropologists referring to Mexican-Americans, further stereotyped by the media of a man sleeping under a cactus–an illustration of a quiet, inept and politically apathetic persona. The stereotype that Chicano/Latinos are politically apathetic is far from reality. In the 2008 U.S. Presidential election, New Mexico Governor Richardson, ran but ultimately conceded and put his weight behind Barack Obama, who ultimately won the presidency. In the Commonwealth of Pennsylvania, current Secretary of State Pedro Cortez is the first Latino to hold that seat. Oregon’s first Latina Superintendent of Public Instruction and former State Senator Susan Castillo and Oregon’s first Latina to serve on the Democratic National Committee is D.F. born Lupita Maurer, a Washington County Democrat-activist is indicative that there is no such thing as the sleeping giant. While the ‘giant’ has historically been excluded from “formal” political activities and institutions, Chicano/Latinos have long been politically active, as organizers, participants, and leaders in their respective communities, workplaces, and political organizations.

Robinson who is a commander in the U.S. Navy shared his diverse experience, ranging from his military deployments to the Horn of Africa in support of Operation Enduring Freedom to his experience in the classroom at the Naval Academy. He shared with us his thoughts on leadership, community involvement and national security. He shared his vision on quality education, affordable health care, the economy, small business challenges, and comprehensive immigration reform. He listened intently to questions from Hillsboro School Board member, Adriana Cañas, about public education support, teacher compensation and the need for more vocational schooling.

In homes across Oregon, across the United States, Latinos will continue to invite candidates running for local, state and national elected office because we care about the future. We care about our children and our parents more than anything else. We care about the state of our economy, affordable health care, quality education, good jobs and a chance at the American dream. We’ve purchased homes, cars and sent our students to the best universities available. We understand that the rise and fall of our communities starts with each of us. David Robinson understands that when you run for Congress, reaching out to people in their homes, is critical. Over wine, pico de gallo, good food and laughter, we welcomed him into our home because he wasn’t afraid to ask questions, learn about Latino issues, and be himself. ¡Salud!

On Sat., Nov 7th, 2009, huddled in the most unorthodox of locations, Tienda La Tapatia, a Mexican grocery and bakery in Gresham, Oregon, over 60+ Latino community members gathered around to have a frank conversation about the state of health care in the Latino community.

The forum was hosted in collaboration with the Oregon Latino Health Coalition, KUNP-TV Univision and the Consulate of Mexico in Portland. Grandparents, men, women, youth and children shared their stories and the challenges they faced in Oregon. Working class and immigrant challenges such as:

-a woman and her family who was struggling to stay afloat with medical bills and piling debt after her husband who had been diagnosed with diabetes had been fired from the job

-a gentleman who lost part of his finger on the job site who was refused service at an hospital emergency room

-an elderly man who was refused medical care after being unable to furnish an Oregon driver’s license

-a father who was struggling to pay the expensive monthly health insurance premium for him and his family of six and in debt after one son fell gravely ill

-a high school student with high academic marks unsure of her future as she is not a U.S. Citizen or legal resident

Our panel’s moderator Ms. Delia Hernandez of KUNP-TV Univision and the distinguished panel composed of bilingual physicians and health care advocates included: Dr. Yves Lefranc, Oregon Academy of Family Medicine; Dr. Peter Mahr, Physicians for a National Health Program; Edith Molina, Oregon Latino Health Coalition; and, Ursula Rojas Weiser, Consulate of Mexico in Portland.

These challenges are not isolated to East Multnomah County alone, nor Oregon. Hispanic families often work in low-wage service sector positions and industries that involve greater risk and exposure of work related injury and limited health insurance. No doubt access to affordable health care remains a top priority for Hispanic families.

The health of the nation’s largest and fastest-growing ethnic minority and their families is essential in guaranteeing their continuing social and economic contribution to the nation and state.

Why Serve?

We should serve the public good at least once in our lifetime. Public service perfects our democracy. I began service almost right out of college. In fact, I had written a political science paper analyzing this commission while still an undergrad at Oregon State University. This experiment we call democracy is only as good as our involvement.

The Commission’s Selection Process

The Commission on Hispanic Affairs began almost 40-years ago to bring attention to the dire conditions Oregonian migrant farm workers faced in the fields. Each Commissioner brings a unique set of knowledge, skills and abilities to the group. Currently, potential commissioners apply for a seat on the commission and that application is reviewed by the Office of the Governor’s Executive Appointments whom in cooperation with the Chair provides a recommendation to the Governor. The Governor ultimately makes the final decision and submits their names to the Senate Rules Committee for public hearing and confirmation. Upon committee approval, the Commissioners names are submitted to the full Senate for full confirmation. The Commissioners serve a 3-year term with the option of being reappointed for additional terms.

Building Trust and Relationships

Since our state elections late last year, this Commission has worked closely with the State Attorney General, John Kroger, Labor Commissioner Brad Avakian, Superintendent Susan Castillo (former Hispanic Commissioner), Secretary of State Kate Brown and numerous public officials to bring issues and concerns in the Latino community to the front burner. Despite the long distance, Secretary of State Pedro A. Cortes joined us at our October public meeting via teleconference. The Commission understands that building trust and establishing relationships take time, whether they are local and in our communities to Washington D.C., but are essential for long-term growth.

I am reminded by Ben Franklin when he was asked what kind of government had been decided upon, following the Constitutional Conventions. He replied, “A republic, if you can keep it.” Today, our democracy, our states, and our communities depend on our involvement. Our communities fate depend on high-caliber individuals ability to cut through the fog, serve our communities and ensure all communities get their fair shake.

~~~

David Molina has served on the Oregon Commission on Hispanic Affairs since April 2006 and served as Vice Chair from July 1, 2008 to July 16, 2009. He was recently reappointed by the governor to serve an additional 3-year term. You can reach Commissioner Molina via his LinkedIn. All opinions you read here are Commissioner Molina’s own and are not necessarily those of the Commission or Oregon Governor.