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haven't done much mental spring cleaning because so much of the last
month has been taken up with brooding and spewing about the crisis in
the Middle East; no doubt the coming months will be much the same. After
putting your mind to this issue for a long time--witness Shimon Peres,
New York Times columnist Tom Friedman and so many others--cobwebs
gather and it becomes hard to see through the accumulated dust. So it
was pleasant to turn to Legal Affairs, the new publication of the
Yale Law School, edited by Lincoln Caplan, which casts an intelligent
eye over a broad and spacious intellectual terrain.

Of course the first item I turned to--obsessively--was an article on
Israel, more specifically on the legendary Supreme Court President
Aharon Barak (no relation), by Emily Bazelon--thankfully the only Middle
East piece in the inaugural issue, or who knows how I might have been
sidetracked. In 1992, from his seat on the Israeli Supreme Court, he
championed the Basic Laws that now serve the country as a kind of de
facto constitution and give Israel one of the most progressive sets of
human rights laws and precepts to govern any nation. But that was just a
first step for this exceptional person.

In May 1998, in a historic pronouncement, he declared (I'm simplifying
here) that torture of Palestinian detainees by the Shin Bet was not
legalized under Israeli codes. This meant that one day there would be no
more shabach--the technique of tying prisoners to kindergarten
chairs, putting their heads in sacks and subjecting them to humiliation
and psychological torture. It meant no more shaking, a favored method
that disorients and injures without leaving visible signs. No more sleep
deprivation. Barak later codified this ruling, when he "unequivocally
declared for a unanimous court that the Shin Bet's methods of
interrogating Palestinians detained without charges violated the rights
to human dignity and freedom." But those were better days in Israel, and
Bazelon points out that current conditions may have allowed the Shin Bet
to violate the ban. The Public Committee Against Torture has filed two
petitions to the court since September 2000, both arguing that the ban
on torture has not been "fully enforced," as Bazelon understates it. One
petition was withdrawn and the other rejected. Like so many of his
generation who hoped to normalize life in Israel, Barak too has been
undermined by the Degeneration of the Situation.

Anyway, Legal Affairs is not all bleakness and Jerusalem drizzle.
Its other lead piece is Brendan Koerner's dazzling narrative of
cyber-intrigue and blackmail that extends from Russia to FBI
headquarters in DC. The magazine also looks at hip-hop music with the
amusing premise that it is all about law enforcement, in a piece that
would be great but for its silly, super-serious tone. Tim Dodd
contributes an excellent article from Jakarta on Syafiuddin
Kartasasmita, the conservative Indonesian judge who was assassinated a
year after leading a three-man panel that found the youngest son of the
dictator Suharto, Tommy, guilty of corruption. A very amusing piece by
Dashka Slater tells you what it's like to spend a working week watching
only court TV (answer: terrific and soporific). A bunch of small
excerpts from Christopher Buckley's latest Washington entertainment
(No Way to Treat a First Lady) are fun, if not terribly
enlightening. And "Silence! Four ways the law keeps poor people from
getting heard in court" should be on the reading list of every legal
reporter and defense attorney in America. There is also a no doubt
valuable piece by Benjamin Wittes on the faulty legal underpinnings of
Kenneth Starr's behavior (but lines like "the attorney general had the
authority to decline to request an independent counsel where a clear
Justice Department policy would preclude an indictment" really harsh my buzz).
Legal Affairs reminds you that the law matters--unlike
American Lawyer, which makes you think the law is a buddy system
for grotesque elites in major urban centers who speak a language the
rest of us cannot understand (except when it's about gigantic salaries
and hourly fees). The new magazine reminds you that the law is the
element in which most of the major stories of our lives take place
(marriages, births, deaths, crimes, real estate closings, divorce), and
that it provides the narrative framework for the unfolding of most
important events.

News From Nowhere

Globalvision News Network has set up an extremely useful website
called The News Not in the News (you can find it at
www.gvnews.net, by subscription). This is where you can see what the
Arab press is really reporting; where you'll find the latest from places
like Kyrgyzstan, where the government has just resigned following unrest
since the May 10 sentencing of Felix Kulov, the foremost leader of the
Kyrgyz (new national adjective!) opposition, to ten years in prison. The
stories are put up without annotation, so that, say, the Kyrgyz
reporting can become convoluted to the uninitiated reader. But you
wouldn't want to miss this story: In his first interview in two
years--conducted along the Afghanistan-Pakistan border in writing and by
messenger, not in person--Mullah Omar (you remember him) tells Asharq
Al-Awsat
, an Arab news agency, that flames will engulf the White
House and that Osama bin Laden is still alive. Of course, for all one
knows, the interviewee could have been an Afghan schoolboy having his
fun, since there is no proof that the reporter's questions were actually
relayed to Omar himself. But that is what is both useful and charming
about this site: It is raw news as it is written and printed in other
lands, as fresh as it can be, and with its edgy myth-making untouched by
American objectivity. "What is important for the US now is to find out
why they did that [the attack on September 11]," says "Omar." "America
should remove the cause that made them do it." If only "Omar" had a
mirror version of The News Not in the News, he could see what a
tempest that very same issue set off in America's own pages not so long
ago. But we wouldn't want to harsh his buzz.

President Dubya loves to crusade against the "axis of evil" in his war on terrorism--but he formed an unholy alliance with the countries that make up the "axis" to declare war on the condom as a

The essential mystery of the 2000 election has always been this: How in
the world did George W. Bush ever get close enough to invite the
Republican-appointed majority on the Supreme Court to give him his
"victory"?

Of course, he couldn't have done it all by himself. Al Gore ran away
from one of the most successful economic records of any Administration
this century and could not seem to articulate a single compelling reason
that he should be President. Bush was also mightily aided by Ralph
Nader, whose spoiler candidacy commanded just enough support to swing
battleground states for the Republicans while failing to come even
remotely close to the 5 percent, matching-funds goal that was his
professed inspiration. But the biggest piece of the puzzle is still
Bush. He may have "grown" in office, but the fact is he had some of the
skimpiest qualifications for the job of almost any successful candidate
in our history, while Gore's were among the best. Moreover, his
political views were well to the right of most voters on almost
everything, while Gore's were well within the national consensus. By any
conventional calculation, Bush should have lost in a landslide.

The obvious answer to the paradox is that Bush sold his personality, not
his politics. But how? Are people just stupid? Don't they realize that
it doesn't matter if one candidate is a likable cutup and the other one
a superior stiff when it comes to stuff like global warming, a patients'
bills of rights, Social Security, the right to choose, etc.? Well,
that's one answer. But a more compelling one is that the so-called
liberal media, contrary to its nonsensical reputation for favoring
Democrats, failed to inform the public of the two candidates' political
and ideological differences, and the implications those differences held
for the nation's future.

The release of two different kinds of campaign documents--Ambling
Into History
, a book by New York Times reporter Frank Bruni,
and Journeys With George, a film by former NBC News producer
Alexandra Pelosi--shed considerable light on just how the media managed
to spend millions upon millions covering the candidates while reporting
next to nothing of value to voters. Ambling is a memoir of a
love-struck reporter. The journalist charged with covering the campaign
for the newspaper that sets the agenda for most of the elite media
focuses with laserlike intensity on every nod, wink, smile and
profession of alleged "love" that comes his way from the candidate. But
we hear barely a word about the candidate's pollution- and
fat-cat-friendly policies as governor of Texas or his lies and
dissimulations when it came to environmental protection, affirmative
action, issues of corporate responsibility, healthcare policy and the
like. If you want to know the exact number of seconds that George and
Laura Bush danced at every one of their nine Inaugural Balls, then the
intrepid Mr. Bruni is your man. If you have any interest in what Bush
might have been doing at his desk the following morning, well, where did
you get the silly idea that a New York Times reporter should
concern himself with boring stuff like that?

The willingness of the Times bigfoot to treat the election as the
equivalent of a junior high popularity contest signaled to the rest of
the media that contentless coverage would be the order of the day. The
net result, as Pelosi shows us in her fascinating but nauseating
documentary--to be broadcast on HBO in November--is a press corps that
follows its campaign masters like a litter of newborn puppies. They wait
open-mouthed for Karl Rove or Karen Hughes to drop a tender morsel of
warmed-over baloney into their mouths, wagging their tails in
appreciation after every feeding.

The clowning frat boy who plays the Republican presidential candidate in
the Pelosi movie does turn out to be a genuinely congenial fellow. If
you've been wondering why it is that everybody seems to like this
guy--and how he has managed to forge so many lifelong bonds with people
irrespective of his apparent doofus-like qualities--then this movie will
provide a painless seventy-six-minute education. The filmmaker--the
daughter of House Democratic whip Nancy Pelosi--hates Bush's politics
but likes him personally, and so can we. She tells audiences that
Journeys is a documentary about process and that the candidate
himself is unimportant. But that's nonsense. Bush is a star. If Pelosi
had had the misfortune to be assigned to Al Gore's press plane, this
movie would have sucked.

But like Ambling, Journeys is more valuable for what it
shows than what it tells. Over and over we hear the reporters criticize
themselves for the emptiness of their coverage as they express a kind of
wearied contempt for the snowmobile rides and other pseudoevents that
substitute for substance. But over and over again, they submit without
apparent protest. They regurgitate the campaign's baloney sandwiches and
watered-down Kool-Aid--without even bothering to convince themselves
that it's really steak and champagne. In between feedings, they ask the
Man for his autograph, laugh at his jokes and seek, without much
success, to justify the effects of their collective lobotomy to Pelosi's
pitiless focus.

Unlike Bruni, Pelosi demonstrates considerable professional
self-awareness (which is why she felt compelled to quit her job and
leave the field entirely after the campaign). Early on, she gives us
the Financial Times's Richard Wolffe speaking excitedly about
covering "the greatest story in the world...big issues, big stakes; it's
a big game, but it's important." A little later he admits, "Most of our
time is spent doing really stupid things, in stupid places with stupid
people." If you want your mystery summed up in a single sentence, it
would be hard to outdo Wolffe: "The Gore press corps is about how they
didn't like Gore, didn't trust him.... Over here, we were writing only
about the trivial stuff because he charmed the pants off us."

But Bush himself puts it best, just before kissing Pelosi in pursuit of
her (meaningless) vote in the California primary: "If I lose," he
playfully smirks, "you're out of work, baby. You're off the plane."

On Friday, September 15, four days after the terrorist attacks, an
18-year-old Moroccan boy received an unusual request from his school
guidance counselor: Come see me as soon as you can and bring your
passport. On Monday, well before his 8 am class, the boy climbed the
steps to James Monroe High School in Fredericksburg, Virginia, and
handed over papers showing that his visa had expired. A half-hour later
he was waiting anxiously in the school security office. He didn't know
the police were going to handcuff him and take him down to the station.
"I was upset I had already missed the first period, Virginia
Government," said the young man, who spoke on the condition of anonymity
in a phone call with his lawyer listening in.

Officer Jim Shelhorse, public information officer for the Fredericksburg
police, said the police never suspected the boy of terrorist activity.
And the boy's lawyer says that he had a pending application to extend
his visa, which meant that he was free to be here. But such distinctions
were lost on the police and school. And by the time his visa did expire
on December 4, the boy was already imprisoned in an Immigration and
Naturalization Service (INS) detention center in Arlington, Virginia. "I
am treated like a criminal," he said in a phone interview from the
detention center this winter. "I am with drug dealers and gun dealers.
They are not mistreating me but I am not comfortable."

The way the school guidance counselor turned in this student is just one
example of how, post-9/11, ordinary citizens have become watchdogs
policing the gateways to this country. Whereas the INS used to be solely
responsible for enforcement, others now eagerly participate in that
task. In fact, this activity has been encouraged: Weeks after the
terrorist attacks, the Bush Administration asked people to report
suspicious activity at the same time that it announced plans to use
immigration laws to fight terrorism, giving the impression that
immigration is everyone's business. Then, in December, a month after the
Justice Department asked police around the country to track down and
interview some 5,000 Middle Eastern men, the INS announced it was
placing 314,000 immigrants wanted for deportation on an FBI database
used by nearly all police agencies to check criminal charges. Now even a
local police officer writing a traffic ticket can determine that a
violator is subject to a deportation order and presumably make an
arrest. And on January 31 President Bush announced the creation of a
national volunteer agency called Citizen Corps to engage "ordinary
Americans" in reporting suspicious activity to the authorities. The
government will also expand the "Neighborhood Watch" program, in which
people report their neighbors' suspected terrorist connections.

As critics point out, when ordinary citizens or the police and FBI do
the INS's work, they don't know what they are doing. The result is both
inefficiency and discrimination. "It discourages immigrants from
providing information when they are the victims," said Lucas Guttentag,
director of the ACLU's Immigrants' Rights Project. "And it creates this
population that is exploited, denied protections of the law to the
detriment of society as a whole." The problem isn't new. In 1997 the
police in Chandler, Arizona, conducted a sweep of illegal immigrants as
part of an effort to "beautify" the rumpled agricultural town. Working
with the Border Patrol, police approached people on the street based on
the "lack of personal hygiene" and "strong body odor common to illegal
aliens," according to police reports leaked to the press. Police then
asked to see ID and immigration papers. Among the 432 people caught in
the "Operation Restoration" dragnet were scores of US-born Hispanics who
sued the city for discrimination.

Federal immigration officers undergo a seventeen-week residential
program that includes instruction on how to legally arrest someone on
grounds like fraudulent document production. Lacking such training,
police in Chandler often wrongly concluded documents were fakes and
arrested people anyway. "There has to be a reasonable, particularized
suspicion of wrongdoing," said Stephen Montoya, a civil rights lawyer
who represented the Chandler plaintiffs. "It can't just be because you
speak Spanish." In the case of the high school boy, the school guidance
counselor had little reason to ask for papers besides his national
identity. The boy's lawyers have argued that the school had no
jurisdiction to ask for immigration documents, and that a high school
student can't be denied basic education because he is an undocumented
immigrant. But the immigration judge rejected those arguments. (School
officials declined to comment.)

Legally, the 1996 Illegal Immigration Reform and Immigrant
Responsibility Act makes it easier for law enforcement to collaborate
with the INS and request information from the government. And though the
law doesn't require schools to report immigration violations, "drawing
the line is very difficult for individual citizens," says Peter Schuck,
a Yale Law School professor. In the past, however, courts have struck
down laws encouraging citizens to become INS snitches. California's
Proposition 187, which attempted to recruit social workers and
government bureaucrats to report immigration violators so they would be
denied access to public services, was declared unconstitutional by
federal courts.

Ironically, some of the post-9/11 policies actually obstruct
antiterrorism efforts by discouraging people from cooperating with
authorities. When the Justice Department asked 5,000 Arab-American men
to come forward, it was unclear whether the men were putting themselves
at risk of being turned in to the INS. "That's not a good law
enforcement strategy," said Ben Johnson, associate director of advocacy
at the American Immigration Lawyers Association.

Perhaps even more disturbing, alerting the government because someone
appears swarthy or wears a turban is now considered acceptable behavior.
"What is wrong with calling the FBI?" said Father James Mueller, a
priest in Queens, New York, when I asked if he had any regrets about
making a report on Rafiq Butt, a 55-year-old Pakistani, after neighbors
saw six Middle Easterners go to an apartment he shared with three other
Pakistani men. Butt died in detention of a heart attack. In another
case, on November 13, FBI agents wearing biohazard gear swooped into the
home of two Pakistani men; their neighbors reportedly suspected them of
manufacturing anthrax after they saw them dumping a cloudy liquid (soapy
water from a clogged sink) and handing over a silver canister (a food
dish for a friend) outside their home. The men said they understood.

The Virginia high school student was similarly charitable. He came to
this country by himself last year trying to escape what he would only
describe as discrimination based on his sexual orientation. A Queens
mosque helped him with a place to stay and he eventually met a friend
who offered him his country house in Fredericksburg while he completed high school. He had only attended the school for three days when
he was arrested. "This happened because of one person," he said. "The
majority of people treated me very good. The students were nice. They
showed me the whole school. They were helpful. The math teacher liked
me. It was Algebra II. I had it when I was in eighth grade. I did the
exercises very fast." At press time he was out on bond, living with a
foster family in Washington, working on getting his GED and waiting for
a July asylum hearing. His future plans are to attend college and major
in finance, perhaps in Canada.

As a Russian studies major at Yale in the 1970s, I observed Soviet
"elections" that were conducted more fairly than the 2002 Yale
Corporation's board of trustees election. Why is the Yale Corporation so
threatened by the candidacy of a prominent New Haven pastor who cares
about Yale and its workers?

The last time a prospective trustee was nominated by petition was almost
forty years ago, when William Horowitz became Yale's first elected
Jewish trustee. Back then 250 signatures were required for ballot
qualification; that has since been raised to 3 percent of eligible
alumni--some 3,200 signatures today. The Rev. Dr. W. David Lee, an
African-American pastor of one of New Haven's largest churches and a
graduate of the Yale Divinity School, gathered 4,870 signatures. If
elected, he would be the only New Haven resident other than Yale's
president to sit on the corporation's board.

But he is also supported by Yale's employee unions, and the
university--one of America's great institutions of higher learning--does
not like that. Normally, the Standing Committee for the Nomination of
Alumni Fellows of the Association of Yale Alumni nominates two or three
alumni to stand for election. This year, apparently threatened by Lee's
grassroots efforts, the committee nominated only one, Maya Lin, creator
of the Vietnam War memorial, around whom the Yale Corporation and its
allies could rally.

As an alumnus, I received no fewer than six mailings--from the alumni
organization, from wealthy Yale alumni, from former corporation board
members--all criticizing Lee for failing to identify who paid for his
mailing, for his "aggressive campaign" and for his "ties to special
interests, labor unions."

In a campaign flier (containing no disclosure of who paid for it), the
Association of Yale Alumni quoted comments from Lee critical of the
university. It is not surprising that a minister of a large church at
which many Yale employees worship might at times express substantial
differences with a university that pays many of those workers less than
a living wage.

As if the Yale Corporation had not already made its interests known,
even the ballot package--paid for by the university and sent to all
voters--was slanted in favor of the corporation's candidate. The
official publication intimates support for its favored candidate from
"over 700 alumni," including the Association of Yale Alumni, the
officers of Yale college classes and Yale clubs and other alumni
associations. The other candidate, the Yale Corporation stated in the
ballot package, was "nominated by petition"--(as though Lee's 4,870
signatures did not indicate the support of those alumni).

Reminiscent of elections conducted in one-party states, the corporation
refused to allow an observer to be present when the ballots are counted.
It is not in the Yale bylaws, he was told.

It is unfortunate that Yale, which has produced so many national
leaders, has earned a widespread reputation for its antiunion activities
[see Kim Phillips-Fein, "Yale Bites Unions," July 2, 2001]. To all but
declare war on Yale's workers and its union, and on an outstanding young
New Haven leader, can only exacerbate city-university tensions and roil
Yale's already troubled labor-management waters.

How could one pro-worker candidate who aspires to a lone seat on a board
of nineteen of America's most influential people unleash the fury of an
entire university hierarchy? Why do powerful people--the kind who sit on
Yale's board--feel so threatened by a local minister? Why can't one of
the world's most prestigious universities--with a multibillion-dollar
endowment--pay its workers a living wage?

For God. For Country. For Yale.

Right in the wake of House majority leader Dick Armey's explicit call
for several million Palestinians to be booted out of the West Bank, and
East Jerusalem and Gaza as well, came yet one more of those earnest
articles accusing a vague entity called "the left" of anti-Semitism.

This one was in Salon, by a man called Dennis Fox, identified as
an associate professor of legal studies and psychology at the University
of Illinois. Leaving nothing to chance, Salon titled Fox's
contribution "The shame of the pro-Palestinian left: Ignorance and
anti-Semitism are undercutting the moral legitimacy of Israel's
critics."

Over the past twenty years I've learned there's a quick way of figuring
just how badly Israel is behaving. There's a brisk uptick in the number
of articles accusing "the left" of anti-Semitism. These articles adopt
varying strategies. Particularly intricate, though I think
well-intentioned, was a recent column by Naomi Klein, who wrote that "it
is precisely because anti-Semitism is used by the likes of Mr. Sharon
that the fight against it must be reclaimed." Is Klein saying the global
justice movement has forgotten how to be anti-anti-Semitic? I don't
think it has. Are all denunciations of the government of Israel to be
prefaced by strident assertions of pro-Semitism?

If this is the case, can we not ask that those concerned about the
supposed silence of the left about anti-Semitism demonstrate their own
good faith by denouncing Israel's behavior toward Palestinians? Klein
did, but most don't. In a recent column in the New York Times
Frank Rich managed to write an entire column purportedly about Jewish
overreaction here to news reporting from Israel without even fleeting
reference to the fact that there might be some factual basis to reports
presenting Israel and its leaders in a bad light, even though he found
time for abuse of the "inexcusable" Arafat. Isn't Sharon "inexcusable"
in Rich's book?

So the left gets the rotten eggs, and those tossing the eggs mostly
don't feel it necessary to concede that Israel is a racist state whose
obvious and provable intent is to continue to steal Palestinian land,
oppress Palestinians, herd them into smaller and smaller enclaves, and
in all likelihood ultimately drive them into the sea or Lebanon or
Jordan or Dearborn or the space in Dallas-Fort Worth airport between the
third and fourth runways (the bold Armey plan).

Here's how Fox begins his article for Salon: "'Let's move back,'
my wife insisted when she saw the nearby banner: 'Israel Is a Terrorist
State!' We were at the April 20 Boston march opposing Israel's incursion
into the West Bank. So drop back we did, dragging our friends with us to
wait for an empty space we could put between us and the anti-Israel
sign." Inference by Fox: The banner is grotesque, presumptively
anti-Semitic. But there are plenty of sound arguments that from the
Palestinian point of view Israel is indeed a terrorist state, and
anyway, even if it wasn't, the description would not per se be evidence
of anti-Semitism. Only if the banner had read "All Jews Are Terrorists"
would Fox have a point.

Of course, the rhetorical trick is to conflate "Israel" or "the State of
Israel" with "Jews" and argue that they are synonymous. Ergo, to
criticize Israel is to be anti-Semitic. Leave aside the fact that many
of Israel's most articulate critics are Jews, honorably committed to the
cause of justice for all in the Middle East. Many Jews just don't like
hearing bad things said about Israel, same way they don't like reading
articles about the Jewish lobby here. Mention the lobby and someone like
Fox will rush into print denouncing those who "toy with the old
anti-Semitic canard that the Jews control the press." These days you
can't even say that the New York Times is owned by a Jewish
family without risking charges that you stand in Goebbels's shoes. I
even got accused of anti-Semitism the other day for mentioning that the
Jews founded Hollywood, which they most certainly did, as recounted in a
funny and informative book published in 1988, An Empire of Their Own:
How the Jews Invented Hollywood
, by Neal Gabler.

So cowed are commentators (which is of course the prime motive of those
charges of anti-Semitism) that even after Congress recently voted
full-throated endorsement of Sharon and Israel, with only two senators
and twenty-one reps voting against (I don't count the chickenshit
twenty-nine who voted "present"), you could scarcely find a mainstream
paper prepared to analyze this astounding demonstration of the power of
AIPAC and other Jewish organizations, plus the Christian right and the
military industry, which profits enormously from military aid to Israel,
since Congress has stipulated that 75 percent of such supplies must be
bought from US firms like Raytheon and Lockheed Martin.

The encouraging fact is that despite the efforts of the Southern Poverty
Law Center to drum up funds by hollering that the Nazis are about to
march down Main Street, there's remarkably little anti-Semitism in the
United States, and almost none that I've ever been able to detect on the
American left, which is of course amply stocked with non-self-hating
Jews. It's comical to find the left's assailants trudging all the way
back to LeRoi Jones and the 1960s to dig up the necessary anti-Semitic
gibes. The less encouraging fact is that there's not nearly enough
criticism of Israel's ghastly conduct toward Palestinians, which in its
present phase is testing the waters for reaction here to a major ethnic
cleansing of Palestinians, just as Armey called for.

So why don't people like Fox write about Armey's appalling remarks
(which the White House declared he hadn't made) instead of trying to
change the subject with nonsense about anti-Semitism? It's not
anti-Semitic to denounce ethnic cleansing, a strategy that, according to
recent polls, almost half of Israelis now heartily endorse. In this
instance the left really has nothing to apologize for, but those who
accuse it of anti-Semitism certainly do. They're apologists for policies
put into practice by racists, ethnic cleansers and, in Sharon's case, an
unquestioned war criminal who should be in the dock for his conduct.

As the shock of September 11 fades, courts are standing up for civil
liberties.

Fear still haunts the Arab and Muslim communities of Southern
California.

September 11 is being used as a reason to build up police intelligence
units.

Osmín, a Cuban trucker, is living in Florida legally--but that
didn't matter to the department of motor vehicles. When he was stopped
on May 2 by a policeman who wanted to see the permit for a job he was
working on, as well as his license, he handed over all the necessary
papers. Although they were in order, he was sent to the driver's-license
office because the document granting his temporary stay will expire
later this month. When dutifully checking in at the DMV the next day, he
explained that his application for permanent residency is pending,
allowing him legal stay until it is resolved. But the clerk, guided by
the governor's new antiterror restrictions, didn't understand the
intricacies of his immigration status. He confiscated Osmín's
license--good until 2007--and sent him home, unable to drive and unable
to work. "I feel very bad," said Osmín (who didn't want to have
his last name used out of fear it might harm his residency application)
the following workday, stuck inside. "I have to pay my bills, I've lost
a complete day of work and I don't know when I'll get my license back."

Spurred on by post-September 11 fears, more than a dozen states, from
Colorado to Delaware, have passed or are considering restrictions on
issuing driver's licenses to noncitizens. Some, like Georgia, Minnesota
and New York, may tie license expiration dates to the expiration of
immigration papers, as Florida, New Jersey and Kentucky do now.
Florida's Department of Highway Safety and Motor Vehicles now sends
records of all its transactions to the FBI every night. A Michigan bill
would authorize DMV staff to contact federal authorities if there is
"reasonable cause" to believe an applicant is an illegal alien. Even
legal refugees from Bosnia or El Salvador can get tripped up in the new
red tape. "If you make it difficult for people to get a driver's
license, you're going to get a lot more people driving without a
license, and we might have more uninsured drivers on the road," says Ben
Johnson, associate director of the American Immigration Lawyers
Association. "Getting tough on driver's-license law isn't going to make
the country any safer."

Declaring his state's enlistment in a "war against illegal immigration,"
South Carolina Attorney General Charlie Condon introduced legislation to
have local cops enforce federal immigration laws. Florida is working
with the Immigration and Naturalization Service on a groundbreaking plan
to deputize police officers as INS agents. "This gives police another
legal hook to justify their profiling and will prevent illegal
immigrants from reporting crimes against them," says Dan Kesselbrenner,
director of the National Immigration Project of the National Lawyers
Guild.

Heightening surveillance of foreign students, bills pending in
California, Minnesota and Georgia, and a new Virginia law, would require
colleges to report noncitizens to the INS if they repeatedly miss class
or withdraw. An Oklahoma measure would prevent noncitizens from
enrolling in flight school. "While everybody's in the patriotic mood,
people's tolerance level is a little bit lower," says Lena Lee, a
research assistant for South Carolina's House of Representatives,
describing a bill to restrict university enrollment of students who come
from a "state sponsor of international terrorism" as determined by the
US Secretary of State. "The rush is on to get the legislation out.
People are kind of blindly doing it--with good intent."

Oklahoma's Joint Homeland Security Task Force even brought up blocking
foreign students from certain courses. Representative Bill Paulk, a task
force member, said legislators are particularly worried about nuclear
design and computer classes. "Obviously," he said, "there are some
courses you would not want foreigners to take."

Blogs

Bolivia has found a way to cut coca production without sacrificing the leaf's cultural importance or cracking down on small growers. But Washington's not having it.

September 22, 2014

Rove smears again, this time in Kansas.

September 22, 2014

After decades of entertaining the city, most jazz artists remain pension-less—but Justice for Jazz Artists wants to change that.

September 22, 2014

Eric on this week's concerts and Reed on how austerity hawks are in perpetual debt crisis mode, despite all evidence to the contrary.

September 22, 2014

Both the NFL and some domestic violence advocates do not like this argument. But it demands more exploration and study.

September 21, 2014

The Roosevelts pumps PBS ratings, but that doesn’t make the network any less centrist.

September 19, 2014

The city becomes the first in the nation to say 'no' to bans on sex-selective abortions.

September 19, 2014

Corporal punishment is an extension of respectability politics, the idea that when people of color behave “correctly,” racism can be overcome.

September 19, 2014

"As long as there is no justice, there's no time for games."

September 19, 2014

The failure to protect workers is worsening an already dire public health crisis.

September 19, 2014