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Surviving the 1804 Law

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Like a fresh breeze in the middle of a wave of hate and discrimination, the Bishop sent a message of hope to all of the community: “The doors of the church are open for everyone, I will not stop fighting for you. You will always be in my heart and remember that justice always prevails.”

Bishop Slattery combats injustice

By Juan Miret
Hispano de Tulsa

Tulsa, OK — “1804 is not only inhumane and immoral but from a legal point of view it is against the Constitution,” said the Bishop of the Catholic Diocese of Tulsa, Edward Slattery, in an exclusive conversation with Hispano de Tulsa.

With 42 years dedicated to priestly life and 14 as Bishop, Monsignor Slattery has tirelessly fought for civil and human rights, without making a distinction for religion, race, language and much less, migratory status.

The leader of the Catholic community of Tulsa declared that “the rigidity of 1804” makes it impossible for agencies that help the community to practice and minister like Catholic Charities, and this is not acceptable. No one can pretend that everything is fine and we do nothing, there has to be action, we should look for the light,” said the Bishop with profound emotion.

The bill, submitted and accepted by Judge Jefferson D. Sellers, who is studying the 36-page lawsuit against 1804, is however fair in its final conclusion where it reveals the atrocities of the new state law.

In this way, with only 16 lines, it describes the drama and the violation of fundamental human rights of those who need help and of those who offer it.

“The Catholic Diocese of Tulsa and Catholic Charities, are not going to stop assisting anyone, it doesn’t matter who it involves, there is no difference, all are welcome and we are not worried by the legal consequences, we are following the law of God and that gives us the motivation,” indicated Bishop Slattery while explaining the content of the text “Friend of the Court.”

The text submitted before Judge Sellers not only has a broad human content but also has a detailed legal analysis of the infamous 1804, featuring 4 cases, in which the Supreme Court ruled in favor regarding the immigrants, as in the following: Gonzales versus the city of Peoria, Griswold against the state of Connecticut, Shelton versus Tucker, Bates against the city of Little Rock and one local example, Skinner versus the state of Oklahoma.

This last example is very important because it makes the distinction between a civil violation, as is the undocumented presence in the United States, instead of a criminal offense, as proposed by the severe local legislation.

The advisory team of the Bishop, headed by attorney John B. Jarboe, has criticized the atrocious punishment with criminal penalties for the transportation and housing of undocumented immigrants, especially the part of the text that says “the intent to transport," which leaves the door wide open for a liberal and cruel interpretation.

Jarboe explained, via telephone to Hispano de Tulsa, that the phrase “intent to transport, is a senseless invention since it is not possible to determine what the legislators are trying to achieve with this expression, it is legally terrible and nullifies a fundamental principle that one is presumed innocent until proven otherwise.”

“With this law, it seeks to prevent the practice of our mission, under its spectrum we are criminals for sheltering in our churches the families and undocumented workers, well, we will be criminals because we are not going to stop receiving anyone in the churches or help centers, never,” said the Bishop.

The actions of the Bishop have triggered the legal representation of plaintiff James Thomas, lawyer Steven R. Hickman of the firm Frasier & Hickman, who filed an additional action this past March 10, through which was sought permission to present additional evidence. The request has been approved by Judge Sellers.

This strengthens the hopes of the immigrants and creates difficulties for the state’s governor and the commissioners of Tulsa County who now find themselves up a creek without a paddle.

Fortunately, the immigrant community can count on brave riders, ready to tame a wild horse that carries the scarring stigma of House Bill 1804.

We do well to remember that refrain “the voice of the people is the voice of God,” now it is up to the judge hearing the case to open his ears to the cries of a community asking for justice.

(Translated by Rosario Guerra)

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This page contains a single entry from the blog posted on 25 de Marzo 2008 8:15 AM.

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