Things That Matter

A City Claims A Family Can’t Sue Over A Wrongful Death Because Undocumented People Don’t Have Rights Under Constitution

The original wording of the Fourth Amendment in the Constitution stated, that “‘each man’s home is his castle,’ secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.” A revised version states, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In other words, authorities cannot probe into people’s private information, home or belongings, without probable cause. Those laws apply to everyone, right? That’s not what some officials in one city in the United States believe. They’re claiming those laws do not apply to undocumented immigrants. 

In 2017, police were called to check on a domestic abuse suspect in Southaven, Mississippi. They went to the wrong house and shot and killed Ismael Lopez. 

Credit: Local 24 Memphis / YouTube

On a late Sunday evening, in July of 2017, police were called to serve a warrant for the arrest of a suspected domestic abuser named Samuel Pearman. His address was 5878 Surrey Lane, CNN reported, and police ended up going to a mobile home across the street where Ismael Lopez lived with his wife. Police entered Lopez’s home and ended up shooting him in the back of the head. He died on the scene. 

“It is so troubling to learn that not only this man died but that this man died running away from people who were trespassing on his premises after he was in bed lawfully,” Murray Wells, an attorney representing the Lopez’s family, told reporters, according to CNN

The Lopez family filed a $20 million lawsuit for his death after a jury failed to indict the police officers on the scene. The City of Southaven fired back with their own lawsuit saying Lopez has no rights under the constitution because he was an undocumented immigrant.

Credit: Local 24 Memphis / YouTube

This case is like most cases involving the police, the investigation had conflicting reports. Lopez’s wife claims the police came in unannounced, and the lawyer says bullet holes outside of the home support her story. The police say that Lopez pointed a gun at them. However, Lopez’s wife said that wasn’t the case. The police also shot and killed their dog. City attorneys are also questioning the credibility of Lopez’s widow, with claims they were never married, and that she was married to multiple men. Lopez’s attorney showed the documents to prove they were legally married in 2003. 

“It’s a real shame that they have to use these tactics to soil someone’s name when she lost her partner, the love of her life, in a tragic accident,” attorney Aaron Neglia said according to the Washington Post

So, does the constitution protect undocumented immigrants? The answer is a resounding yes even though the matter is still taken up in courts all the time.

Credit: Local 24 Memphis / YouTube

“Yes, without question,” Cristina Rodriguez, a professor at Yale Law School told PBS. “Most of the provisions of the Constitution apply on the basis of personhood and jurisdiction in the United States.”

Undocumented immigrants have the right to legal counsel, under the Sixth Amendment, they also have the right to due process under the Fifth Amendment. So, if the courts are already practicing the law under the constitution when it applies to undocumented immigrants, then the Fourth Amendment and all of them for that matter apply to them as well. 

Southaven attorneys have a different point of view. According to the Washington Post, attorney Katherine S. Kerby wrote, “If he ever had Fourth Amendment or Fourteenth Amendment civil rights, they were lost by his own conduct and misconduct. Ismael Lopez may have been a person on American soil but he was not one of the ‘We, the People of the United States’ entitled to the civil rights invoked in this lawsuit.”

We shall see how this case plays out in court.

Watch the full news report below.

READ: Advocacy Groups Suing ICE For Mass Raid In Tennessee, Claiming They Violated Workers’ Constitutional Rights

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Honduras Moves To Enshrine Bans On Abortion And Marriage Equality In The Constitution

Things That Matter

Honduras Moves To Enshrine Bans On Abortion And Marriage Equality In The Constitution

ORLANDO SIERRA/AFP via Getty Images

Honduras already has one of the world’s strictest bans on abortion. It’s completely banned in all circumstances, including even in cases of rape and incest, and when the person’s life and the health are in danger. The country also has a constitutional amendment banning same-sex marriage, including recognizing those that were performed abroad.

So, why is the country moving to further limit access to abortion and marriage equality?

The Honduran Congress has voted to make it impossible to legalize abortion and same-sex marriage.

In the first round of voting, the country’s congress had voted to move forward on complete and total constitutional bans against abortion and marriage equality. But lawmakers are taking it a step further, by increasing the votes needed to undo their constitutional amendments in the future.

One lawmaker referred to the legislation as a “constitutional lock” to prevent any future moderations of the abortion law.

However, the amendments require a second reading/vote and activists across the country (and world) are mobilizing to help stop these amendments from being voted in. But they face an uphill battle, as the legislation has overwhelming support within Congress and from the country’s staunchly conservative president.

Honduras already has among the world’s strictest bans on abortion.

Abortion in Honduras is already illegal in all circumstances. The country’s criminal code imposes prison sentences of up to six years on people who undergo abortions and medical professionals who provide them. The government also bans emergency contraception, or “the morning after pill,” which can prevent pregnancy after rape, unprotected sex, or contraceptive failure.

“Honduras’ draconian legislation already bans abortions, even in cases of rape and incest, when the person’s life and the health are in danger, and when the fetus will not survive outside the womb,” said Ximena Casas, Americas women’s rights researcher at Human Rights Watch. “This decree will make it virtually impossible to carry out the recommendations from multiple international human rights bodies to end this violation of reproductive rights.”

Honduras also already has a strict ban on same-sex marriage.

The 2005 constitutional amendment prohibits recognizing marriage between people of the same sex, including same-sex marriages contracted in other countries. Honduras also bans adoption by same-sex couples.

“By seeking to permanently and comprehensively block any possibility of accessing marriage for same-sex couples, the Honduran Congress is entrenching state-sponsored homophobia,” said Cristian González Cabrera, Americas lesbian, gay, bisexual, and transgender (LGBT) rights researcher at Human Rights Watch.

“In a country where LGBT people already experience high levels of violence and discrimination, this effort to amend the constitution is sending the message that these people may be further stigmatized.”

Congress is also making it harder for future lawmakers to undo their constitutional amendments.

Not only was it not enough to double down on these draconian bans on abortion and marriage equality, lawmakers are moving to increase the threshold of votes to undo their bans.

Constitutional changes have until now been permitted with a two-thirds majority, but the new legislation raises that bar to three-quarters within the 128-member body. The measure still needs to be ratified by a second vote. However, support was clear on Thursday: with 88 legislators voting in favor, 28 opposed and seven abstentions.

Mario Pérez, a lawmaker with the ruling party of President Juan Orlando Hernandez, formally proposed the change last week, calling it a “constitutional lock” to prevent any future moderations of the abortion law.

Many see the constitutional amendment as a response to Argentina’s move to legalize abortion last month.

It was just last month that Argentina voted in favor of legalizing access to abortion. The South American nation became the largest Latin American country to allow abortion after its senate approved the historic law change by 38 votes in favor to 29 against, with one abstention.

For years, abortion has also been illegal in Argentina. The procedure was illegal except in cases where the mother or baby’s lives were in danger. In 2019, the country passed a law that also included rape victims as exceptions. 

The push towards various kinds of gender rights–including abortion rights–has been central to President Alberto Fernández’s administration. The center-left politician campaigned on a platform that emphasized the rights of women, gay, and trans communities since he was elected in 2019. Even throughout the devastation of the pandemic, Fernández has insisted on keeping his promises towards marginalized communities.

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Chicago’s Mi Tocaya Is Offering Up Free Mexican Homemeals For Undocumented Community

Culture

Chicago’s Mi Tocaya Is Offering Up Free Mexican Homemeals For Undocumented Community

mitocaya / Instagram

Undocumented communities are being left out of Covid relief plans. Chef Diana Dávila of Mi Tocaya in Chicago is working to help undocumented restaurant worker in the time of Covid. Abuse of undocumented workers is rampant in certain industries and Chef Dávila hopes to offer some kind of help.

Mi Tocaya is a Mexican restaurant in Chicago’s Logan Square that wants to help the community.

Covid-19 has devastated the hospitality industry with restaurants being hit exceptionally hard. Restaurants have been forced to close their doors for good as the virus dragged on with no decent relief plan from the federal government. As several countries financially support citizens to avoid economic disaster, the U.S. government has given citizens $1,800 total to cover 10 months of isolating and business closures.

Namely, Mi Tocaya is working to help the undocumented community.

Mi Tocaya, a family-run restaurant, is teaming up with Chicago’s Top Chefs and local non-profits Dishroulette Kitchen and Logan Square Neighborhood Association. The goal is to highlight the issues facing the undocumented community during the pandemic.

The initiative called Todos Ponen, is all about uplifting members of our community in a time of severe need. The restaurant is creating healthy Mexican family meals for those in need.

”We asked ourselves; How can we keep our doors open, provide a true service to the community, maintain and create jobs, and keep the supply chain intact by supporting local farmers and vendors. This is the answer,” Chef Dávila said in a statement. “I confidently believe The TODOS PONEN Logan Square Project addresses all of the above and can very well be easily implemented in any community. Our goal is to bring awareness to the lack of resources available to the undocumented workforce- the backbone of our industry.”

The initiative starts in February.

Mi Tocaya is offering 1000 free meals for local farmers and undocumented restaurant workers. The meals are available for pickup Tuesday through Friday from 11 a.m. to 3 p.m. at 2800 W Logan Blvd, Chicago, IL 60647. to make this happen, Mi Tocaya also needs your help.

The restaurant has teamed up with two nonprofits to make sure that they can scale their operation to fulfill their commitment. They are also asking for donations to make sure they can do what they can to help undocumented restaurant workers.

According to Eater LA, 8 million restaurant workers have been laid off since the pandemic started. Some restaurants have had to lay off up to 91 percent of their staff because of Covid, about 10 percent of those are undocumented. In the cities, that number is as high as 40 percent of the laid-off restaurant staff are undocumented.

“People don’t want to talk about the undocumented workforce, but they’re part of our daily routine in most restaurants,” Jackson Flores, who manages the operations of Mi Tocaya, said in a statement. “They are in the toughest position in the whole economy because they’re an invisible part of it. Restaurant worker advocacy groups have added the creation of relief funds to their agendas, but there have yet to be long-term changes in protections for undocumented workers. Without access to unemployment benefits and other government resources, this group is especially vulnerable.”

READ: Hands-Free Cholula Dispensers Have Become a Thing In Restaurants Because of COVID-19

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