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TuesdayJuly 6, 2010

Latino Daily News: Bringing You the Latest Hispanic Current Events and News Stories 24/7

To reflect the dynamic interests of our audience, Latino Daily News is an online daily news source and virtual cultural center for and about Latinos. We offer the latest news headlines, as well as innovative and insightful Hispanic current events stories, photos, videos, and commentaries from a Latino perspective, 24/7.

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Holanda Pasa a la Final Dejando el Marcador 3-2, Contra Uruguay

Holanda pasa a la final del mundial tras la victoria contra Uruguay, 3-2, por primera vez en 32 años.

Giovanni van Bronckhorst, 18, Y Diego Forlán, 41, fueron los protagonistas de los primeros goles. No fue hasta los últimos minutos del partido que Holanda tomo la delantera. Primero en el minuto 70 cuando Wesley Sneijer metio un goal que se desvió en la pierna de un defensor, y un cabezazo de Arjen Robben, a los 73.

Holanda sera acompañada por el vencedor del lance España-Alemania el domingo en las finales.

Read more at Hoy.com.ec →

Department of Justice Challenges Arizona Immigration Law

WASHINGTON - The Department of Justice challenged the state of Arizona’s recently passed immigration law, S.B. 1070, in federal court today. 

In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.”  A patchwork of state and local policies would seriously disrupt federal immigration enforcement.  Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”

The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records.  The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.

In declarations filed with the brief, Arizona law enforcement officials, including the Chiefs of Police of Phoenix and Tucson, said that S.B. 1070 will hamper their ability to effectively police their communities.  The chiefs said that victims of or witnesses to crimes would be less likely to contact or cooperate with law enforcement officials and that implementation of the law would require them to reassign officers from critical areas such as violent crimes, property crimes, and home invasions.

The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates.  The suit was filed on behalf of the Department of
Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.

“Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns,” Attorney General Holder said.  “But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety.  Setting immigration policy and enforcing immigration laws is a national responsibility.  Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.”

“With the strong support of state and local law enforcement, I vetoed several similar pieces of legislation as Governor of Arizona because they would have diverted critical law enforcement resources from the most serious threats to public safety and undermined the vital trust between local jurisdictions and the communities they serve,” Department of Homeland Security Secretary Janet Napolitano said.  “We are actively working with members of Congress from both parties to comprehensively reform our immigration system at the federal level because this challenge cannot be solved by a patchwork of inconsistent state laws, of which this is one.  While this bipartisan effort to reform our immigration system progresses, the Department of Homeland Security will continue to enforce the laws on the books by enhancing border security and removing criminal aliens from this country.”

The Department has requested a preliminary injunction to enjoin enforcement of the law, arguing that the law’s operation will cause irreparable harm.

“Arizona impermissibly seeks to regulate immigration by creating an Arizona-specific immigration policy that is expressly designed to rival or supplant that of the federal government.  As such, Arizona’s immigration policy exceeds a state’s role with respect to aliens, interferes with the federal government’s balanced administration of the immigration laws, and critically undermines U.S. foreign policy objectives.  S.B. 1070 does not simply seek to provide legitimate support to the federal government’s immigration policy, but instead creates an unprecedented independent immigration scheme that exceeds constitutional boundaries,” the Department said in its brief.

Visit HSN Library to Review Court Filings

Read more at The United States Department of Justice →

Obama Administration Set to Sue Arizona for its Immigration Law

Government officials are confirming that they will seek a preliminary injunction to stop Arizona’s immigration law, SB 1070 from becoming effective later this month on July 29th. The basis of the suit, that the Department of Justice will file in Arizona federal court, alleges Arizona is overreaching and entering into federal legislation prerogatives.

The lawsuit claims that immigration law is the domain and responsibility of the federal government and no one else’s.  The Washington Post is reporting there will also be a civil rights component to the lawsuit. President Obama and his administration have always maintained that Arizona’s SB 1070 would lead to racial profiling and police harassment’s of certain individuals and foreigners.

Arizona’s SB1070 if passed would allow police to stop and question anyone if there is “reasonable suspicion”  they are an illegal immigrant.

Read more at Washington Post →

Abortions Now Legal in Spain

Effective yesterday, July 5th, a woman in Spain can obtain an abortion for an unwanted birth without questions being asked, until the 14 week of pregnancy or the 22nd week of pregnancy if there is a medical necessity deemed.  The new law does not address the issue of late-term abortions. 

This is very controversial in Catholic dominant Spain and is an issue still being fought in the country’s Constitutional Tribunal.  The law was voted on in the Spanish Cabinet and Parliament before being enacted.  Prior to the legalization, abortions were allowed only in case of rape and only up to the 12th week of pregnancy and were allowed at any time if a women’s health was at risk. 

Several restrictive and conservative laws have been liberalized under the Socialist Prime Minister Jose Luis Rodriquez Zapatero administration.  Such liberal laws now include legalization of gay marriage, easing of divorce laws and increased rights for transsexuals. 

Read more at Spanish Vida →

Suben las Cifras de Muertos en Nuevo León por la Tormenta Alex en México

El gobernador del estado de Nuevo León, Rodrigo Medina, anuncio este martes por la cadena de televisión Televisa que las muertes por las lluvias provocadas por Alex subieron a 12, y que faltan mas por confirmar. También se reporto que casi 130,000 personas se quedaron sin suministro de agua.

“Tenemos varios frentes difíciles pero el más apremiante es el del agua, sobre todo en los municipios de Santa Catarina y García”, dijo el gobernador estatal.

El gobernador reporto que se necesitan más helicópteros porque la flotilla que tienen es insuficiente. Aproximadamente 9,000 personas están refugiadas en la Protección Civil, una cifra que sigue aumentando.

Read more at Yahoo en Español! →

Robert Rodriguez the One-Man Film Crew

The editor turned on her swivel black office chair and blurted ‘you must know who he is,’ she continued before I could confess that I didn’t have a clue, ‘he’s definitely on the list of people you should know.’ I eagerly investigated the name, Robert Rodriguez, and indeed he is. Most of us may not be be familiar with the name but we are definitely intuned with his work.

His upcoming Hollywood film “Predators” out this weekend is a sequel to the critically acclaimed “Predator” that most of us grew up watching on our parents television sets. But that is just the start of a long list of films that he produced, wrote, and directed to say the least. His talent enabled him to set him apart from his colleagues, but the film El Mariachi gave him street credibility among peers. The $7,000 production won the Audience Award at the Sundance Film Festival in 1992. The film was picked up by Columbia Pictures and distributed after being “cleaned up”. The sequel to El Mariachi was Desperado featuring Antonio Banderas and Salma Hayek.

His trajectory includes Spy Kids, Once Upon a Time in Mexico, and Sin City are only some of the highlights of his work. He has also collaborated with Quentin Tarantino on From Dusk Till Dawn, and with Kevin Williamson on The Faculty.

Rodriguez calls his style of making movies the “Mariachi-Style” attributing “creativity, not money, is used to solve problems” and is often referred as the “one-man film crew” for often wearing different hats during production and filling in as editor, director of photography, camera operator, steadicam operator, composer, production designer, and the list goes on…

The Mexican American director officially announced in 2006 that he and his wife Elizabeth Avellán separated after 16 years of marriage. They have five children, sons Rocket Valentino, Racer Maximilliano, Rebel Antonio, Rogue Joaquin, and daughter Rhiannon Elizabeth.

Read more at HS News

El Salvador Denounces Aggression to Compatriots in Mexico

The Salvadorian government has denounced the mistreatment of Central Americans, including two salvadorians in Mexican shelters, this past July 2nd. The aggressors were dressed in federal police uniforms when they entered San Juan Diego Cuauhtlatoatzin shelter located in Lechería a state of México, and tried to abduct the immigrants.

The aggressors were armed, physically attacked and verbally abused the Central American immigrants. They only left when they were told that the National Human Rights Commission of Mexico were on their way. Salvadorian authorities are currently investigating the incident.

El Salvador’s Ministry of Foreign Affairs says in Spanish through a press release, “makes a call to Mexican authorities to investigate exhaustively the unfortunate events.”

Read more at HS News

Denuncia El Salvador Agresiones Contra Compatriotas en México

Diez migrantes centroamericanos, entre ellos salvadoreños, fueron agredidos física y verbalmente en un albergue conocido como “San Juan Diego Cuauhtlatoatzin.” Los agresores estaban vestidos con uniformes de la policía federal e intentaron llevarse por la fuerza a los migrantes.

Los testimonios del abuso fueron brindados a las autoridades consulares salvadoreñas por el personal del albergue donde se tomo acabo los hechos. Los agresores se marcharon cuando el personal les dijo que miembros de la Comisión Nacional de Derechos Humanos de México iban en camino.

Las autoridades Salvadoreñas están investigando las denuncias de las agresiones presentadas ante la Procuraduría General de la República de México.

Read more at La Jornada →

Ecuador Podría Arrestar al Mandatario Electo de Colombia

El presidente de Ecuador, Rafael Correa, anuncio el lunes que el mandatario electo de Colombia Juan Manuel Santos, podría ser arrestado si visita Quito. El gobierno ecuatoriano mantiene una orden de arresto en su contra por la incursión militar en territorio ecuatoriano por ser el presunto autor intelectual.

La operación que tomo acabo el marzo del 2008 provocó el rompimiento de las relaciones entre Quito y Bogotá, creando una posible crisis en el territorio donde Venezuela se vio involucrado directamente. El propósito de la incursion militar fue de destruir un campamento de las Fuerzas Armadas Revolucionarias de Colombia (FARC), en la que murieron 24 personas, incluyendo el líder guerrillero Raúl Reyes.

Bogotá por su parte ha señalado que no reconoce la jurisdicción extraterritorial de la justicia ecuatoriana.

Read more at Yahoo en Español! →

Catholic Church in Chile plea for Prisioner Pardons

With the 200th anniversary of Chile’s independence approaching, the Roman Catholic Church is asking for prisoner pardons for people convicted of crimes against humanity and civil right activists.  Many of these prisoners are convicted of crimes that occurred during Gen Augusto Pinochet dictatorship. The church is asking for specific consideration for those older than 70 and for women who are mothers as well as those with terminal diseases.
During the Pinochet regime, official records show that 3,065 opponents were killed and 1200 more disappeared. There are currently approximately 150 military personnel in prison for crimes against humanity.

Read more at My San Antonio →

HS-News Analysis:  What Might Nominee Elena Kagan’s Thinking Be on Immigration?

At the end of this month, the U.S. Senate will vote on the nomination of Solicitor General Elena Kagan to the Supreme Court after weeks of hearings.  There was much said about the military on college campuses and her position on abortion but the current hot-topic – immigration – was notably absent.  Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund (MALDEF) remarked that senators did not ask “enough questions” to even gauge a position on the immigration issue, while he felt her record is “devoid of a strong indication of [her] views.” 

Nonetheless HS-News analyzed numerous documents, cases and opinion papers to conduct its own analysis and cautiously predict what nominee Kagan might do when cases dealing with immigration come before the court which is certain to happen and in short order.  If and when Kagan is confirmed she will be the youngest Justice and her influence on issues will be felt for a long time. 

As a Supreme Court Justice she will provide a front-line voice on the role federal and state governments play in creating and enforcing immigration laws.  The Court’s decisions will shape the direction immigration enforcement will take and define the scope of a state’s power to impose their will and their direction on federal legislation.  In June of this year the court agreed to hear a challenge by Arizona business interests against a 2007 state law banning the employment of illegal immigrants and fining employers for those hiring’s.  The Chamber of Commerce v. Candelaria matter will be heard in October and the decision of this case will more than likely affect Arizona’s SB1070 law and other state’s similar legislation. 

Many critics cite Elena Kagan’s lack of court experience and few legal opinions on which to analyze her position on many issues, including immigration.  However, over 90,000 documents were submitted by the White House to the nomination committee to provide such an insight.  Some of the documents that touch upon immigration-related topics, written by Kagan, were recently reviewed by HS-News staff.  They include cases she looked at as a law clerk for Justice Thurgood Marshall and memos authored by Kagan in her role as Associate Policy Director and White House counsel under President Bill Clinton.  Even in her most recent role as Solicitor General she has filed opinions on immigration matters on behalf of the U.S. government.  As Solicitor General she presents the government’s view on issues the government wants to express its opinion on but is not a direct party to.   

LAW CLERK

When the U.S. v Shonde case came before the Supreme Court in the 1986, it needed to decide whether or not to review the case.  A lower court judge had dismissed an immigrant’s guilty plea to minor charges opining it could damage his legal residence application; a higher court felt the judge had overreached.

Kagan agreed that the lower court Judge had overreached but viewed the decision “as an equitable result” at “no great cost to the Republic” therefore counseled Justice Marshall that the Supreme Court should let the decision sit and not hear the case and it did not.  It can be derived that Kagan felt an immigrant’s legal status application was the “equitable result”.  Her practical nature comes through here, the law broken by Shonde was minor and it’s not being prosecuted did not harm anyone. 

ASSOCIATE POLICY DIRECTOR

Elena Kagan worked in the Clinton Administration from 1995-1999 and during her tenure provided opinions in memorandums that argued against state and local government overreaching into federal legislative terrotority specifically on issues of religious freedoms, which might indicate that Kagan would not let Arizona’s immigration law supercede that of the federal government.  She also endorsed a legal strategy to avoid the Supreme Court ruling against affirmative action which would have been too radical of a decision.

When the new immigration laws of the 1990’s reduced the number of suspended deportations for deportable aliens Kagan counseled for a humane approach for those most affected by the reduction.  Kagan wanted to “provide relief to Central American migrants” in the U.S. as asylum seekers and had three options before her.  To either do nothing, take an immediate yet temporary action or seek permanent legislative reform.  In crafting her counsel to President Clinton she recognized the burden on these immigrants and wanted to craft a response that involved seeking consensus while promoting a permanent solution – eliminate the reduction of suspended deportation - a benefit to the immigrant community.  Another example of Kagan’s idealist tendency’s was her advice on the department of Immigration & Naturalization (INS) restructuring. 

When the Clinton administration was considering to dismantle INS, now part of Homeland Security,  Kagan recommended incremental reform and the separation of immigration services and immigration enforcement which reflects a practical yet empathetic side to the nominee.  She clearly understands the different mandates of INS, offering immigrant services versus enforcing the laws that might deport them.  When looking at the issue of H-1B visas and the shortage of technology workers in the U.S. she took a fair and balanced approach.  First recommending that all be done to provide the jobs to Americans and then raise the number of visas for foreign workers. 

SOLICITOR GENERAL

As Solicitor General for the current administration Kagan has filed two opinion briefs on immigration cases:  Padilla v Kentucky and Kucana v Holder.  Padilla was offered faulty legal advice by his counsel that exposed him to deportation when entering a pleading guilty.  He tried to reverse his guilty plea based on not being told the deportation risks.  While agreeing that Padilla was entitled to effective counsel Kagan did not go as far to believe that every defendant is entitled to immigration advice, however when it is sought and given it must be competent.  Padilla did not formally seek the advice hence his guilty plea stood - a very pragmatic and middle-of-the road approach which is a trademark of Kagan’s decision making.  In the Kucana case, Kagan opined that decisions made at administration hearings like those at deportation hearings can be reviewed by a higher power - the courts, hence ensuring that immigrants have a another level of protection when orders of deportation are given.  In both cases you see that Kagan views immigrants, regardless of legal status, entitled to protection by the U.S. constitution.

In conclusion we can expect nominee Elena Kagan to view immigrants as parties that are offered protection under the U.S. constitution first and foremost.  Historically she has promoted a fair and humane treatment from a legal perspective of immigrants regardless of status.  From the materials reviewed, HS-News sees her as someone who will seek consensus versus leading the opinion and balance competing objectives.  Since there has been no legal precedent for state’s to craft immigration legislation it is doubtful Kagan would support such a radical approach, here her modest approach to new laws will become evident.  Immigration is one area of law that has been dominated by the federal government and Elena Kagan will probably vote to keep it that way.

Read more by HS News Staff →

Latin America’s Last World Cup Hope - Uruguay

The small nation of Uruguay 3.5 million residents are anxiously awaiting today’s semi-final match as are most Latin Americans.  Uruguay is the only Latin American, Spanish speaking team left of the 7 that started on June 11 when the World Cup began.  While there is much excitement there is a lot of doubt about the teams ability to succeed.

Two players are out due to injuries that includes team Captain Diego Lugano.  Another two, goalie Luis Suarez and defender Jorge Fuccile, are not allowed to play as a result of being red-flagged for violations.  In addition, the team is entering the Cape Town arena with accusations of cheating their way into the semi-finals as a result of Luis Suarez’s handball against Ghana.

Even Fidel Castro chimed in on Uruguay’s lack luster presence on the world stage known as the World Cup “hardly any would know on which continent Uruguay was”.

Read more at Uruguay Daily News →

Venezuelan Prison Riot Leaves 8 Dead

A prison riot broke out in Zulia, Venezuela yesterday afternoon leaving 8 dead and 7 injured.  Violent outbursts are not uncommon in Venezuelan prisons due to overcrowding and rival gang fighting.  Last year officials reported 366 violent death occurred in Venezuelan prisons.

Read more at Metro News →



TuesdayJuly 6, 2010