I think I have had to write this over and over many times, every time there is a hate crime against a Latino pero it is worthy of repeating.

Defining what makes a hate crime is a political act. The reason I write this is that I am reading many media reports and blogs that keep referring to the shooting at the Holocaust Museum as a hate crime but not that many referring to the murders of Brisenia Flores and her father as a hate crime.

On a legislative level, states each have their own hate crime statutes that aren’t consistent with each other so what may be a hate crime in one state may not be in another. Often the definition of a hate crime is hinged on the use of an epithet or slur, not the history of the community where it happened. This is why some advocates have been pushing for Federal hate crimes legislation, that would create one standard that would be followed across state lines and these moves make people feel good, offer a sense of protection, except they are only good once there is a victim.

U.S. Reps. Nydia M. Velázquez (D-NY), Steve Israel (D-NY) and José E. Serrano (D-NY) announced the introduction of the National Hate Crimes Hotline Act of 2009.

“Far too many victims silently bear the burden of the crimes committed against them, which is why we are taking steps to provide a place for them to be heard. A National Hate Crimes Hotline would allow New Yorkers and victims across the country to safely report to the police and find vital assistance. In addition, accurate reporting will improve local responsiveness, increase prevention efforts and help bring an end to these heinous acts,” said Rep. Velázquez.

The problems with this model are many. For example what if you or your family has been the target of hate for years and have tried to involved law enforcement to no avail? What makes this system inspire trust. What if it is law enforcement who is committing the act of hate as in cases of police brutality and violence from the ICE? Is there really the expectation that the Feds will prosecute their own? And for the undocumented, where is the assurance that reporting a hate crime will protect their family from being separated?

Also the murder of Angie Zapata and subsequent “successful” prosecution has raised questions for activists in terms of the way justice works. We have seen that it is considered a victory to lock up a man of color for killing a woman of color. Will locking up a white person for killing a Latino man or woman elicit the same sense of victory?

Jason Eugene Bush aka Gunny, one of the three implicated in the deaths of Brisenia Flores and her father, was just charged in connection to the 1997 stabbing death of Hector Lopez Partida, a homeless man in Washington state.

An informant told Wenatchee police that Bush bragged about killing “a Mexican” behind a store and that Bush had ties to white supremacist groups, according to court documents. Prosecutors say he was linked to the death through DNA evidence.

Bush clearly has a bias against Mexicans (Latinos) but will this be entered into evidence as proof of a hate crime, of a pattern and practice, or will it be dismissed as coincidence since that crime was 12 years ago?

We must be cautious with expecting a system that targets our communities already to be the one to bring us justice and safety.

Via / Diversity Inc. , Immigration Talk With a Mexican American