If you go to NASCAR to watch the cars crash, the Democratic gubernatorial race in California has been a thrilling pile-up.
The recent debate saw all the Democratic candidates play the race card over a curious issue. When asked if they supported the move to rescind at least 17,000 commercial driver’s licenses to illegal aliens, every single Democrat declared the policy racist. The candidates also pledged to support truckers who cannot speak or read English.
When Sheriff Chad Bianco, a Republican candidate, said that being able to read English (and particularly English signs) should be mandatory, Porter lectured the Hispanic sheriff on racism, saying that his support for English proficiency by truckers disqualified him from being governor of California.
Not to be outdone, Democratic candidate Tom Steyer declared that requiring truck drivers to be able to read English is “racial profiling.”
Steyer, a billionaire, has been funding his own campaign with almost $120 million and has tried to capture the far-left supporters of Swalwell. In so doing, he has increasingly looked like Howard Hughes with better-trimmed nails.
Steyer grabbed Swalwell’s platform of pledging to arrest ICE officers and take punitive measures against them. He cannot fulfill that pledge, and the Ninth Circuit recently shot down the flagrantly unconstitutional California law seeking to dictate the conduct or appearances of federal officers. The law was supported by Gov. Gavin Newsom and all of the Democratic candidates.
Steyer’s claim that English proficiency rules are “racial profiling” is more Looney Tunes than law.
Racial profiling occurs when a person’s racial appearance alone is grounds for reasonable suspicion for a stop or search. English proficiency requirements are race-neutral conditions to ensure basic safety in the operation of large trucks. We have seen several fatal cases involving undocumented persons who could not read or speak English proficiently.
Even the use of apparent race or ethnicity is allowed when part of a totality of circumstances or observations by law enforcement. Last year, the Supreme Court stayed a racial profiling case from California on that ground, in favor of law enforcement, in a 6-3 decision in Noem v. Vasquez-Perdomo.
If requiring English proficiency is racial profiling, a wide array of jobs in the United States are the products of racism, including airplane pilots, air traffic controllers, U.S. military, astronauts, mechanics, and baseball umpires. Even the European Space Agency has required English proficiency.
By Steyer’s standard, he may also be the product of a racial profiling system. In order to appear on the ballot, Steyer certified that he is a U.S. citizen. To be a U.S. citizen, you must be proficient in English. Thus, a candidate must certify that he is both a citizen and English-proficient. He can then go on a stage and call such requirements racial profiling without any basis in the law.
Ironically, Steyer made much of his money managing Farallon Capital Management, which profited from owning private prisons and, in the case of Corrections Corporation of America (CCA), actually runs one of the largest ICE facilities. Now called CoreCivic, the company requires not only U.S. citizenship but also English proficiency.
As with the pledges to arrest ICE officers and dictate how they conduct their operations, the racial profiling claim is knowingly misleading and unfounded. It is designed to pander to the far left by suggesting that requiring basic English skills of large-truck operators is somehow unlawful or unconstitutional.
The only thing that Steyer proved, again, is that there are sadly few requirements to run for governor of California beyond a large fortune and little shame.
Jonathan Turley is a law professor and the best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”