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March 28, 2013

Host: José Cárdenas

Arizona Driver's Licenses for Undocumented Immigrants Lawsuit

  • Governor Jan Brewer issued an order in August denying driver's licenses for young undocumented immigrants who are protected from deportation and have received work permits under the new Department of Homeland Security policy. A US District Judge heard arguments in a lawsuit seeking to block Brewer's action. Senior Staff Attorney for the ACLU of Arizona, Kelly Flood, gives and update on the lawsuit.
  • Kelly Flood - Senior Staff Attorney, ACLU of Arizona
Category: Law   |   Keywords: driver, license, law, lawsuit, ,

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Jose Cardenas: Last week a Federal judge called into question the legal basis for Governor Jan Brewer's decision to deny driver's licenses to young, undocumented immigrants who received deferred deportation under the Department of Homeland Security policy announced last year. Joining me to update us on what happened is Kelly Flood, senior staff attorney on the case for the ACLU of Arizona. Kelly, thanks for joining us on "Horizonte." It was an interesting court hearing. Judge Campbell had lots of questions for both sides. But give us just a quick synopsis of what the issues were that were of most interest to the judge.

Kelly Flood: The judge was interested in two aspects of our challenge to the Governor's executive order as well as the Governor and the state's challenge to our lawsuit. And primarily, he was interested in evaluating whether there is a preemption created by the --

Jose Cardenas: Meaning Federal law takes care of this issue?

Kelly Flood: Correct.

Jose Cardenas: And they shouldn't be doing anything in this area?

Kelly Flood: Right. Because Congress sort of occupies the field of immigration but in this case, Congress has sort of delegated to the Department of Homeland Security the issue of the discretionary grant of deferred status that happened with the --

Jose Cardenas: Just to remind people, what happens the Department of Homeland Security about mid-year last year said they were going to defer prosecution of people who met certain criteria, basically, the dreamers, so-called.

Kelly Flood: Correct.

Jose Cardenas: And under Arizona statute, at least in theory, well, under Federal law that entitled them to authorization certificate. And at the same time that should have been able to get them driver's licenses under state law. Governor said that's not going to happen so you filed a lawsuit.

Kelly Flood: Correct.

Jose Cardenas: The judge didn't seem to be that impressed with the State's argument on the question of whether this was a denial of equal protection.

Kelly Flood: Right. The judge, I think the greatest challenge for us was on the preemption issue and the greatest challenge for the state was on the equal protection issue. The judge didn't seem to agree with the State's characterization of how it was treating DACA recipients of some sort of deferred action status. There are a number of other immigrants in the country who have deferred action which means that simply they are deportable but they are not being deported at this time.

Jose Cardenas: The government is not pursuing the case.

Kelly Flood: Correct. It's a prosecutorial discretionary issue large part.

Jose Cardenas: People who have that status get employment authorization document.

Kelly Flood: Correct,

Jose Cardenas: @hich as we noted would normally get them licenses. How did the State explain why they are treating these deferred action recipients differ from what they have done in the past?

Kelly Flood: They had a very hard time explaining that. They tried to justify the different treatment on a number of bases. One of which was that it's true prosecutorial discretion and not a deferred status pursuant to any other law or statute. However, the judge pointed out that there are other immigrants who are here pursuant to pure prosecutorial discretion and they were arguably similarly situated. The state also tried to justify its actions saying this would have meant a flood of 80,000 applicants for driver's licenses. Although those statistics are not necessarily accurate. And the State had done no study to determine whether that would really have burdened the Department of Transportation had 80,000 DACA recipients applied.

Jose Cardenas:I think nationwide the number more than like , who would 65,000-- when we talk about dreamers, the number is about 65,000. So that's over the entire country.

Kelly Flood: The country, right.

Jose Cardenas: They are not all here in Arizona.

Kelly Flood: Right. So the , number was brought into question as to whether that would even apply in the State of Arizona. The numbers have turned out to be far less. More in the range of 4,000 to 5,000, I believe.

How many students have received deferred action under this program?
Jose Cardenas:

Kelly Flood: I am sorry. I can't recall but I want to say 4,000 to 5,000. Are you talking about Arizona or the country?

Jose Cardenas: The country.

Kelly Flood: I'm sorry.

Jose Cardenas: 4,000 to 5,000 nationally, it's not been exactly a flood.

Kelly Flood: It's not a huge burden on any government in the state of Arizona.

Jose Cardenas: When can we expect a ruling from the judge?

Kelly Flood: He indicated he would rule quickly and he usually keeps his word on that, and we anticipate a ruling within two weeks from last Friday.

Jose Cardenas: And what kind of ruling do you anticipate?

Pope Francis

  |   Video
  • Cardinal Jorge Mario Bergoglio of Argentina was elected the 266th pope of the Catholic Church and took on the name Francis. He became the first Latin American and first Jesuit to lead the church. Pastor of St. Francis Xavier Parish, Reverend Daniel J. Sullivan, S.J., talks about the newly elected Pope Francis.
  • Reverend Daniel J. Sullivan, S.J. - Pastor, St. Francis Xavier Parish
Category: Culture   |   Keywords: pope, francis, ,

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Jose Cardenas: Thank you for joining us. Cardinal Jorge Mario Bergoglio of Argentina was elected the 266th Pope of the Catholic church and took on the name Francis. He became the first Latin American and first Jesuit to lead the church. Joining me to talk about Pope Francis is reverend Daniel J. Sullivan, pastor of Saint Francis Xavier parish. Father Sullivan, thanks for joining us on "Horizonte." An extraordinary sequence of events. Popes don't resign and Jesuits don't become popes. How did this happen?

Daniel J. Sullivan: I think it's become apparent that Benedict XVI was becoming ever more feeble, and as he was approaching 85 years old, I believe that he just came to, as he said, a very prayerful decision that it was for the best of the church for him to resign. And that hasn't happened in, as you mentioned, at least 600 years. So that was unprecedented in itself. People saw that as a real act of courage, that he was no longer able to truly and effectively manage, guide the Catholic church.

Jose Cardenas: And even rarer to have a Pope who is a member of an order.

Daniel J. Sullivan: Yeah, then with the fact that Pope Francis is a Jesuit, the Jesuit order or the society of Jesus, is years old. So this is the first time in years that a Jesuit has been elected Pope by his fellow cardinals. Interestingly, also, it's within the constitutions of the society of Jesus that we do not seek ecclesiastical honors like that of a Monsignor or a bishop or archbishop or cardinal, but since we serve at the pleasure of the Pope, the Pope, if he decides that he wants to select a man from any religious order, and then hear from the Jesuits, that the Pope has the certainly the authority to do that. And when he chose José Bergoglio, that he was reaching into the society of Jesus and saying, I want this man for this spot, and that was John Paul II who chose him to be a bishop, and then later a cardinal.

Jose Cardenas: Now, as rare as it is to have a Jesuit as a Pope, Pope Francis was actually in many respects one of the favorites to succeed Pope Benedict. He had been rumored the second choice, the runner up to Pope Benedict.

Daniel J. Sullivan: Correct. Correct. Why he was chosen again is as we can speculate, that it was an opportunity to, I think, reach out into the world, to move beyond the European circle, and there were a number of men who were being talked about as possible candidates for election. The Latin word for that, papali. So you had a cardinal from the Philippines. You had a cardinal from Ghana. You had the cardinal from Buenos Aires. You had the cardinal from Quebec. So they were looking internationally and the cardinals, for however the holy spirit was guiding them, at this time chose to step out into the Third World, the developing world, and to choose the leader from that part of the world.

Jose Cardenas: Now, we have already seen changes that this Pope has made, at least in terms of his personal routine and how he deals with his fellow cardinals, and with the laity. How is he going to deal with what was rumored to be one of the reasons why Pope Benedict resigned, which are the difficulties, the intrigue and scandals and everything else that was alleged to be going on there.

Daniel J. Sullivan: I am sure that the Pope Francis has an idea of the difficulties of managing or administering an international organization. And I think it's also true when some people stay in one place way too long, they get perhaps a lot of power and a lot of influence. And their decision-making isn't necessarily the best.

Jose Cardenas: So you think we will see changes in the leadership of the church?

Daniel J. Sullivan: It's expected that he will make some changes. Now, the direction that's going to go in, I don't know. But when a Pope goes, a Pope is newly elected, then, all of the heads of all the different commissions that report to him, they all submit their resignation. And then it's going to be up to him either to accept the resignation of the various heads of departments or he may say thank you very much for your resignation and put another person in that. And that is how he possibly can affect some significant change within the curia of the Vatican.

Jose Cardenas: Now, just bringing this all a little bit closer to home and then I want to talk about some of the other issues that have arisen with respect to the new Pope. Just being a Jesuit, has there been a lot of discussion within the order amongst Jesuits what this means and the significance for the order?

Daniel J. Sullivan: We were all taken --

Jose Cardenas: You are a Jesuit.

Daniel J. Sullivan: Yes.

Jose Cardenas: Yes.

Daniel J. Sullivan: And I think any religious order, if it had been a Franciscan or Benedictine or Dominican, I think those orders, which are the larger religious orders of men in the world, they would likewise have been surprised.

Jose Cardenas: Because there's only been one other Pope who was from an order. Right?

Daniel J. Sullivan: I believe it was a Dominican. So the -- now I have lost the track of the question.

Jose Cardenas: We were just talking about what it meant to the Jesuits. What does it mean to Catholics here in Arizona and especially in Phoenix?

Daniel J. Sullivan: Saint Francis Xavier parish is the only Jesuit parish in the state of Arizona. We have been in existence since 1928 . Interestingly, one of the early missionaries to Sonora, Mexico, was Padre Kino. He was an Italian Jesuit. And he started the mission trail that was later picked up by the Franciscans and ran all the way up into California. So a Jesuit presence in Arizona goes back to 1678.

Jose Cardenas: Do you think, though, that because we are in the Southwest, because of the large Hispanic influence in this part of the country, that the church here will be able to relate better to this Pope because he is a Latin American? Because he speaks Spanish? That might otherwise be the case?

Daniel J. Sullivan: I would expect that to be true. And the figure that Pope Francis is already cutting, and the path he's already taking, is that the church needs to be poor for the poor. And I think how he is simplifying some of the operations around him, he's wearing a much simpler vestiture. He is wearing black ordinary shoes rather than custom-made red shoes. He prefers to walk and not ride in Papal limousines.

Jose Cardenas: Security nightmare for the guards.

Daniel J. Sullivan: Well, I think it was very touching for the Jesuits is our superior general lives in Rome. And it's a stone's throw, the Jesuit headquarters, is a stone's throw from the Vatican itself. And our superior general got a telephone call from the Pope himself, and just said to the receptionist, "I would like to talk to father general. And this is not a joke. This is Pope Francis." And the person at the desk ran to somebody else who then ran to father general and said, "the Pope is on the phone." So father general, Adolfo Nicolás, picks up the phone and, "Good morning, Holiness, Excellency, what do I call you?" It was the Pope and he said, "I wanted to call and say hello and we are going to have to get together very soon."

Jose Cardenas: We are almost out of time. Final words on what you think is the most significant thing about the selection of this man to be the new Pope.

Daniel J. Sullivan: I think he is going to really focus on the church being poor for the poor. Really being connected with the people. Really -- and moving away from perhaps a sense of triumphalism and really being one with the people. And I think that's going to affect every place in the world.

Jose Cardenas: Father Sullivan, thank you so much.

Daniel J. Sullivan: Thank you, José.

Jose Cardenas: To talk about this incredible development.

Daniel J. Sullivan: Thank you.

Stella Pope Duarte

  |   Video
  • Eight, Arizona PBS Arizona MAKERS series showcases Arizona women who broke new ground in their respective fields. View a discussion with one of the women featured in the series, Pulitzer Prize nominee and multiaward-winning author Stella Pope Duarte.
  • Stella Pope Duarte - Author, MAKERS
Category: Culture   |   Keywords: stella, makers, arizona, ,

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Jose Cardenas: Joining me now is Pulitzer Prize nominee, award winning author, and one of the featured Arizona "Makers," Stella Pope Duarte. Stella, welcome back to "Horizonte."

Stella Pope Duarte: I am glad to be here.

Jose Cardenas: We want to talk about your new book but let's talk about this award that you received, Arizona "Makers." You were in some pretty top flight company there.

Stella Pope Duarte: Yes, yes, it was. I was actually, I was kind of surprised when I got notified that I had been nominated. And they had gone through a process and I had been selected. So I was, I felt like privileged already just to be amongst these other women. And certainly many, many other talented women from Arizona that I am sure could have filled the same shoes. I was very, very happy.

Jose Cardenas: Why was it of particular significance to you?

Stella Pope Duarte: It was because, like I said, I come from what mainstream America would say was this poverty-stricken little barrio in south Phoenix. And yet there was so much there that led me to where I am today. The faith and the beauty of who my family was in the culture. And then the fact that my mother, my grandmother, my great-grandmother, they were not educated. My mother never drove a car, that kind of thing. Which doesn't mean she was less of a person. I am just saying she never had that opportunity. So for me to now move forward in this type of strength and in the way that I hope that my work is honoring women worldwide, is something that I am sure that these ladies from my past would be so proud of. And I am doing it for them.

Jose Cardenas: Let's talk about your new book. "Writing through revelations, visions and dreams, a memoir of a writer." We have a picture of the cover of the book on the screen. And there's a significance to that spiral staircase. Tell us about that.

Stella Pope Duarte: Yes, spiral staircase is why I am sitting in front of you today, José. Because in 1995, I had a dream. And in that dream, I was lost, which isn't abnormal for me. And I, in the dream I came down a flight of stairs and my father was standing at the bottom of the stairs in his work clothes. He takes my hand and leads me to that spiral staircase.

Jose Cardenas: Your father had passed away.

Stella Pope Duarte: My father had passed away 10 years away from the dream. And so here's my dad telling me, it's right here. He used the Spanish word, my daughter. What you have to do next is right in front of you. Then I woke up with this glorious image in my mind of the spiral staircase up into the blue, blue sky. And my dad telling me. And it was two weeks before I uncovered because I journal a lot and when I wrote the message in my computer, it's right there what you have to do next. I realized in a cathartic moment, a revelation, that's why

I write on revelations because I have had so many of them. And we all do. It's just for us to understand. That's what it is, it's a revelation. Something that's deep inside of us.

Jose Cardenas: That's the one that got you started as a writer?

Stella Pope Duarte: Yes.

Jose Cardenas: Now, the book is in many ways kind of a how-to for writers and I read Sim of the reviews people writing saying what it meant to them in terms of them helping them develop their own skills. One of the bits of advice you give, and this is toward the end of the book, is that you need to be able to describe your own work. In a very brief way. Perhaps even a one-liner. That's the one-liner that describes this book?

Stella Pope Duarte: I am glad you asked that because I challenge all my creative writing students to do that. To describe their work in many different ways. And I would just say it's learning the language of your own soul. And I always tell people because in my particular culture when I was a little girl and we spoke Spanish in school, we were ridiculed or we were told we could not do that. I always tell students, it doesn't matter how many languages you speak. As a matter ever fact the more languages you speak the better for you. But you must understand the language of your own soul. It doesn't matter whether the language, as long as you understand the language of your own soul which means, who am I? What is my purpose here? What is my identity? And how do I uncover it? How do I pay attention to dreams? And things that are metaphorical?

Jose Cardenas: As I mentioned in some ways, it is a how-to but it's also autobiographically and you touched on some of your experience. You talked about an abusive relationship. You talk about that in your book as well. And you talk about other very, very personal things. How did that feel?

Stella Pope Duarte: It for me it was very cathartic, again, something I think I was ready to do because I have yet to write a memoir like this one. And this one is very, very personal memoir. And in the relationship with my ex-husband, I bring that out in one of my stories because my stories reflect where I have been as a human being. And like I tell my students, we are here to interpret human nature. And what I learned through that particular relationship was, if you come to terms with a dark parts of who you are, you won't have to marry them.

Jose Cardenas: Explain that story because I thought it was one of the best parts of the book.

Stella Pope Duarte: Yeah. So if I come to terms with anger or trying to control others, or you know, feelings of selfishness or low self-esteem, if I come to terms of it, I am not going to have to marry someone to change because I'm busy dealing with my own soul.

Jose Cardenas: Stella, we are almost out of time. What is up next?

Stella Pope Duarte: I am still working, José, on the biography of ambassador Raul. And this gentleman has marked the history in his own life of America for so many years. What an icon. And what a privilege to do his biography. So I am still hard at work. Would you give me an interview with the ambassador? I would be more than glad to include it in my book because I am still gathering information but that's what I am working on.

Jose Cardenas: We will make a point to have you back on the show. He's been a guest on our show as well. He is a great man. It's a great subject. Thank you for joining us to talk about your latest effort. We look forward to talking to you.

Stella Pope Duarte: Thank you very much. I appreciate it.