Wednesday, April 25, 2012


Phoenix, AZ - “AZ SB 1070 is not a law.”  With these words, TONATIERRA representative Tupac Enrique Acosta addressed a press conference on April 11, 2011 at the Arizona State Capitol upon announcement that the 9th Circuit Court of Appeals upheld District Court Judge Susan R. Bolton's injunction against the most heinous parts of AZ Senate Bill 1070.

Today, over a year later, the US Supreme Court will begin to hear arguments on the US Justice Department challenge to AZ SB1070, with the state of Arizona in defense.  Yet, both sides of the debate frame their arguments in terms of the legitimacy of the legislation as national immigration policy, arguing over where and how both the ultimate and local authority for enforcement must be implemented.

This is the wrong frame.  AZ SB 1070 is not an issue of either US or Arizona's "immigration" policies.  The framing of the issue as an "immigration" issue is a collusion by both sides arguing in the US Supreme Court today to disguise the projected policies of continuing colonization in the territories under the rubric of  "the rule of law", while the crime of colonialism against the Nations and Pueblos of Indigenous Peoples goes unchallenged, and undefined. 

It is a ploy to position the NAFTA government states of North America (Canada-US-Mexico) as the only legitimate authorities for the determination of legal status in the region.  It is an act of premeditated genocide against the sovereign powers of the surviving Nations and Pueblos of Indigenous Peoples to freely determine their own future in their own terms, and with their own jurisdictions of nationhood, citizenship and nationality.

By framing the issue under the concept of "immigration" and legalization under the constructs of the NAFTA government states, without addressing the underlying and ongoing policies and genocide and ethnic cleansing against Indigenous Peoples since 1492, the elites on both sides of the border position themselves for the final solution in collusion against the resistance and rebellion of the Nations and Pueblos of Indigenous Peoples of the hemisphere who are moving towards self determination and decolonization.

The injunction by Judge Bolton came on July 28, 2010 one day before the legislation was to take effect and as a result of a U.S. Department of Justice lawsuit against AZ SB1070 that argued that the statute was unconstitutional and preempted by federal law.  Arizona Governor Jan Brewer then appealed the injunction and that appeal was denied, which sent the case back to Judge Bolton’s court where the lawsuit continued.

AZ SB170 was signed by Governor Brewer last April 23, 2010.

Referring to grave “foreign policy implications” which could come to effect if the enjoined sections of 1070 were unleashed, the 9th Circuit Court of Appeals still did not address the issues of violations of international law which are at the core of the US-Mexico-Canada immigration policies taken as a whole, vis-a-vi the Rights of Indigenous Peoples and the Human Rights of Migrant Workers and their families.

“We support and agree with the position of the 9th Circuit Court which upheld the partial injunction against section of AZ SB1070, yet these judicial and legislative acts and remedies have not addressed the underlying foreign policy of genocide and territorial expropriation via immigration policies that favor the European-American constituencies at the expense of the Self-Determination of the Indigenous Nations, Pueblos, and the Mexicano Barrios referenced by the Treaty of Guadalupe Hidalgo (US-Mexico 1848),” said the representative of TONATIERRA.

“Where is the recognition of the Nations of Indigenous Peoples of this continent, and for the territorial rights of the O’otham Nations upon whose lands this state capitol stands?” he said.

Instead the 9th Court of Appeals decision references to the “movement” by Angles and Saxons into Roman Britain, but there is no cognition much less recognition that the baseline of legality for the US jurisdiction itself in the hemisphere, Arizona included, is the Doctrine of Discovery, which legitimized a political construct of race supremacy continentally and subsequently the establishment of regional anchor baby settlements by European-American “White” populations under the guise of the Doctrine of Manifest Destiny.

“The hemispheric religio-political constructs of white supremacy which frame AZ SB10 are violations of our common human spirit and will not be tolerated, much less endorsed as public policy or law for our Communities or Peoples.  We will not comply.  AZ SB 1070 is not a Law.” said Tupac.

The decision by the 9th Circuit Court of Appeals today reiterates what has been stated many times over by the protests and mega-marches of hundreds of thousands of people from all walks of life against the policies of discriminatory law enforcement and legislation that promotes racial profiling which have been coming out of the Arizona state legislature under the leadership of ex-Senate President Russell Pearce, who has now been removed from office.

AZ SB170 was never an immigration law, but a tactic of the war of attrition in alignment with the federal Operation End Game program.  It was and is still is a law of persecution, state sanctioned persecution under the guise of law, whose real purpose is to prop up the position of privilege and power of the constituencies of "white" America.  The decision last year by the 9th Circuit Court was yet another bump in night, another Wakeup Call from that nightmare, the Nightmare of Manifest Destiny

Today, in the cloistered halls of the US Supreme Court, the duplicity of the nightmare deepens.


AZ SB 1070 Is Not a Law

When in the course of Human Events, it becomes necessary for the Voice of the Peoples to be heard, and their presence as members all of the PUBLIC to be recognized as Human Beings with equal right of self identification and self determination as PEOPLES of the Nations and Pueblos of Mother Earth, such jurisprudence demands that at the present time the clarification be boldly made and convincingly argued that:

Being instead an ill-conceived and illegitimate product of state sanctioned racial profiling in the form of an unacceptable act of legislation, which is to the detriment of the common well being of all members of the State of Arizona, and which without recognition as law by the Peoples of Arizona, is hereby denounced and shall be defied in the
Anchor Babies of 1492
AZ SB 1070 a product of the tragically flawed legislative process of collusion and illegal manipulation of the powers of representative government to the benefit of an illegitimate and immoral power structure of historical complicity built upon the discriminatory principles of Manifest Destiny, whose precedent in the form of the Doctrine of Discovery we also now reject once more and shall continue to challenge as a deformation of our COMMON HUMANITY, which we share with All Our Relatives from the:

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