November 19, 2008
State Rep. Leo Berman (R-Tyler) has filed a series of bills for the 81st session of the Texas legislature aimed at cracking down on illegal immigrants and the predominant language they, along with millions of Texans, speak.
Two, HB 253 and HJR 27, relate to the status of the English language in Texas. HB 253 proposes "certain English only policies" and would prohibit the state from requiring "a person to be proficient in a language in addition to English as a prerequisite to obtaining
employment ... or ... promotion.” By law, being bilingual would no longer be an advantage for any state job. Furthermore, the bill would make it lawful for employers to insist upon English as the language of the work place and make English the only language driving tests could be administered in.
HJR 27 would see a constitutional amendment land on the ballot in 2010 that, if ratified, would "establish English as the official language of Texas and require that official acts of government be taken in English."
Berman aims to cause a ruckus with the legislation, hoping it will begin a judicial chain reaction, leading to a different interpretation of the citizenship laid down in the U.S. Constitution. Berman told the Tyler Morning Telegraph that the 14th Amendment “has no application to the children of illegal aliens or any other children of foreigners born in the United States.” The 14th Amendment begins with this: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." [link]
Berman has argued that illegal immigration is an overwhelming problem not being addressed at the federal level, and so states must take matters in their own hands to deal with costs and issues associated with prisons, schools and other elements of public policy.
Berman is a Republican from Tyler, where his assertions have more resonance. In El Paso, the argument doesn't fly very far with most (as it so far has not in the Texas Legislature, where most of his bills died in committee last year -- view list at bottom of article).
State Sen. Eliot Shapleigh noted that for three years running he has "held a monthly telephone call to thwart racist initiatives in the Legislature on immigration issues." Last session, he penned a piece in opposition titled "Listing the Lamp Beside Texas' Door." [link]
Joseph Villescas, of Villescas Research, a local media consultancy, believes the legislation is “bigoted” and “anachronistic,” but maintains that Texas history has seen it all before.
“English-only legislation was utilized to keep Hispanics out of the political process and away from opportunities for upward social mobility,” he said. The re-emergence of the issue is a "call to the past” where racial discrimination was normal and accepted in Texan culture, and such laws represent the desire to "return to a golden era when these dark people did not count or matter,” said Villascas.
Gaspard Genna, professor at UTEP’s Political Science Department, believes there is a deeper “political psychology” behind the legislation.
“By making English an official language, he is also codifying 'in' and 'out' groups: if you speak English, then you are part of the in-group and are welcome to resources and rights. If you don't speak English, then you don't deserve society's resources and rights since you are now officially part of the out-group,” he said.
The “in-group/out-group” effects of the legislation would marginalize individuals and create larger social fractures in Texas, said Genna. This is because such laws could lead to changes in social norms as their political consequences trickled down into Texas culture.
“Experiments in political psychology have demonstrated that individuals have no problem excluding resources to members of an out-group. Therefore Mr. Berman's legislation will not only mark the dividing line between in and out group membership, but also who gets what,” said Genna.
Conversely, the road to a more united Texas may lie in the establishment of Texas as an officially bilingual state. “The EU has many, many official languages which talks to the desire to build an inclusive in-group,” said Genna. Indeed, the European Union has 23 official languages (including English.).
Bills filed by Berman in 2007 related to:
1. the eligibility of an individual born in this state whose parents are illegal aliens to receive state benefits D.I.C.
2. the imposition of a fee for money transmissions sent to certain destinations outside the United States. D.I.C.
3. requiring a voter to present proof of identification. D.I.C.
4. prohibiting a grant from the Texas Enterprise Fund to an employer who employs one or more persons who are not lawfully entitled to be present and employed in the United States. D.I.C.
Resolutions file by Berman in 2007 expressed:
1. support for ongoing state-led border security operations to control the Texas-Mexico border and ensure the safety of the people of Texas. D.I.C.
2. dissatisfaction with the federal government's failure to secure the border and enforce immigration laws. D.I.C.
(D.I.C. stands for Died in Committee)