I can't say I agree with this new law in Arizona, which looks like America's toughest immigration law since we put quotas on immigrants from certain Eastern European and Asian countries in the 1920s. Nevermind that it basically turns police officers into immigration officers and will inevitably lead to charges of racial profiling, it is blatantly unconstitutional. But while the East Coast liberal in me cries out for the blood of racist morons, the conservative in me says it's about time somebody did something.
Let me explain. The problem with Arizona attempting to enforce its own immigration policy is that, according to the Supreme Court, federal immigration law trumps state law. However, Justice Hugo Black included in the opinion of the seminal case Hines v. Davidowitz (1941) the following caveat:
"And where the federal government, in the exercise of its superior authority in this field, has enacted a complete scheme of regulation...states cannot...enforce additional or auxiliary regulations."
And there lies the real problem. As of yet, the federal government has failed to enact a "complete scheme of regulation" dealing with illegal immigration. In the absence of specific and relevant federal law, and in the midst of some of the worst drug related crime in the country's history, Arizona finally decided to take matters into its own hands.
Now I don't think, like some, that Arizona is just backwards. But it does seem as if Arizona voters, albeit rightfully tired of the bloodshed and kidnappings associated with illegal drugs coming from Mexico, short-sightedly put people in office who overstepped their constitutionally granted powers. Passing this bill was a desperate act on the parts of elected officials under pressure to respond to a serious issue when the federal government failed to do so.
Arizona State Sen. Russell Pearce, the driving force behind this new law, has been widely quoted as saying "illegal is not a race, it's a crime." I agree, but I don't think this naive and weirdly egalitarian view of the issue matches up with the practical implications of the law. At the end of the day, it will be up to police officers on the streets of Arizona to determine whether or not an individual appears to be present in this country illegally. While I don't think Arizona cops are going to arrest every person of Hispanic descent in the state, it doesn't take a stretch of the imagination to see how this could create a slippery slope toward unwarranted arrest and detention.
The law's broad language, discriminate scope and unconstitutional foundation make me confident it will be overturned in court. But the elephant in the room is that the federal government must act. Congress needs to come up with a realistic, bipartisan solution to illegal immigration that keeps our borders secure and our cities free from drug violence. At the same time, any solution must also distinguish between immigrants who already contribute socioeconomically (they do exist, and after monetary punishment should be given the opportunity to become citizens and pay taxes) and those who are just plain criminals. If the feds continue to drag their feet, more states will follow Arizona's lead. I'm not proud of what has happened in Arizona but I'm mindful of the bigger issues that created this situation in the first place. Hopefully we'll be able to look back on this and say Arizona was responsible for getting the federal government to finally act on illegal immigration.
Well said George. I have some family in Arizona. Until we've walked in their shoes we can only make judgements on our own perceptions and what we've heard. I don't recall anyone saying nice things about an illegal alien rescuing a child from a fire or something. But one commits a crime and we're all asking why the wall still hasn't been built and where's Immigration?
ReplyDeleteNice post... thanks.
ReplyDeleteYa Just can't blame Bush any more, These folks in AZ. got the message out and now it's up to us Americans to run with it..
ReplyDeleteI try to make it a point to read the Leftist blogs once in awhile, always looking for reasonable refutation or confirmation of my conclusions.
Lobbing falsehoods and misrepresentations at those who have responsibility is easy for the party out of power just ain’t gonna work any more..
The Intelligent American people aren't buying the BUSH did it crap anymore. Out of sight, out of mind.
Mal's got a point. The public's attention span is short. Like it or not the right's spin machine is incredibly efficient. IN the end, this bill will be portrayed as a defending of America and a scary Mexican will be the poster boy. Just as Willie Horton was a killer for the Dukakis campaign. This thing could hurt Dems in Arizona and nationally. White people don't get asked for green cards.
ReplyDeleteI went to school in Arizona, I basically have seen the whole situation firsthand. Lets not forget that many Arizona citizens patrolled the border themselves with weapons to prevent illegal immigration. It is without a doubt a lot different over there. As with many issues, it is such a tough topic. No right answer here to be honest with you. On the one side you have countless illegal immigrants who simply want to have a better life for themselves and their family. Few can deny that they wouldn't do the same exact thing the illegal alien did to get into this country....If they had a kid, they would want their kid born in the US, because then he is a US citizen entitled to benefits. However then on the other side of the token you have these aliens who drain the economy by remaining on welfare or something of the sort which legal US citizens have to support. Now obviously many legal Americans drain the welfare system as well but that is another topic. Further, without comprehensive immigration reform, the borders remain subjected to safety issues that need to be addressed. Also, whether you agree with what goes on with immigration law, the fact remains that these people are breaking the law. They are coming into the country illegally. They are not following the procedures mandated by the United States. Most of our ancestors who came to this country during the great wave of immigration, followed the laws and came here legally. Those who weren't were subjected to the law. We can sit here and argue all day about whether or not the illegal alien coming into this country help the economy by taking jobs nobody wants to do or hurts the economy by taking jobs that people want and then sending the money back home(it's a catch 22) but the fact remains they still come into this country illegally. Furthermore, the employers hire these people with no problem which is also against the law. I worked in Arizona during school to make a little extra cash, and 95& of the people I worked with were illegal aliens. Every single one of them were nice and down to Earth people, but still illegal. It just can't be said well they are good people so we shouldn't enforce the law. The law shouldn't be made then if that were to be the case. The employers who hire illegal aliens need to be addressed as well. Whether you believe that immigration should be a law or not, the fact remains that while it is a law it needs to be enforced. Not ignored.
ReplyDeleteNow in regard to this Arizona law, whether it will be deemed constitutional or not, it is good as mentioned that at least some law was created. Now the Court can rule on it and declare what is allowed and/or not allowed, so it can be tinkered with and re-done if necessary...so and so forth to determine what is truly allowed..It needs to be and I'm sure it will be challenged, but the fact remains like someone mentioned, at least something was done.
Reasonable suspicion is required for a police officer to go up to a person suspected of being in this country illegal. No doubt a person of Mexican descent will be profiled over a 100% Irish person in Arizona but the fact remains this alone won't warrant the officer to approach the person.
I'm also pretty sure that when I was in Arizona it was illegal for any of its citizens to not carry their driver's license or an identification photo of some sort. So this goes together with an alleged alien not carrying their immigration papers.
The point about "complete scheme of regulation" is dependent on who judges its completeness. While federal courts may be able to rule on whether the scheme is complete, the judgement of completeness regarding a federal law would certainly not fall to state legislatures. Arizona has chosen to substitute its judgement for federal law and enforcement of immigration without due justification, or ruling that federal scheme is incomplete.
ReplyDeleteOMG Toto, I forgot the shoes! And, the hair Toto---is it Arizona?
ReplyDeleteWhile Arizona may have selected to substitute its judgment for federal law, the fact remains that hopefully it will make the federal government act on the issue. The federal government according to the Constitution has the power of naturalization. If the federal government(regardless of the branch) feels that the AZ act is unconstitutional, it will be acted on.
ReplyDeleteWhat it boils down to is very simple..being an illegal alien is a crime. That is all the justification a government needs. People may find it morally right or wrong, but the fact that it is a crime is enough for justification of enforcement.
How to administer enforcement obviously is the constitutional issue. The statute/law will give rise to a claim so it can be determined if the law and the enforcement of the crime is constitutional. So whether you like the statute or not, it brings the issue in-front of the courts, and will make the federal government act.
Further..I think AZ feels the federal scheme is incomplete..otherwise they wouldn't have created the law. They justified it by exactly that.....that the federal scheme hasn't done enough..I think the actions of passing the law shows they feel that way.
ReplyDeleteThe federal government will NOT deal with the problem of illegal immigration because the Democrats hope to give amnesty some day and scarf up all those new citizens as Dem voters. Unfortunately, most of them will vote Republican because they’re primarily Catholic and are told how to vote by their conservative church leaders. Meanwhile, our middle class and working class citizens pay the penalty in fewer jobs and higher taxes to support those illegal aliens who don’t work. If you think illegal aliens don’t take the good jobs, talk to professional carpenters who pay union fees and should be making $30-50/hour for their work, but instead have to compete with a pool of people willing to work for $6-10/hr under the table. Not only does this force our skilled builders to work under the table or to leave the trade, it also allows those property development investors and employers to not pay employee taxes, social security, workers comp, etc. Again, the rest of us have to foot the bill by paying more taxes and higher fees and co-pays for health care while the rich people rake in the profits.
ReplyDeleteThe fact is, giving ANY form of amnesty will simply encourage others to break the law in the future. Legal immigrants who followed the law are given a slap in the face for their efforts. We need to clarify or revise the 14th Amendment so that non-citizens don’t use it as incentive to sneak into this country to have babies. The 14th Amendment was meant to deal with children of slaves, not to give illegal aliens the opportunity to have “anchor babies.”
The solution to the illegal immigration problem is to challenge and revise the 14th Amendment, put employers in jail and confiscate their property for hiring undocumented workers, and deport illegal aliens to a country they can’t just walk back here from.
George~
ReplyDeleteAm I wrong in thinking that this law simply allows the police to arrest people that are here illegally(or even legally, for that matter) if they cannot show proof of license & registration - after being pulled over for cause? You are assuming that this will lead to racial profiling. Perhaps, but it seems to me that is not the issue. Driving in the U.S w/out license,etc is illegal. As you might recall I was pulled over last year & found out that my license had expired. I had to pay a fine & wasn't allowed to drive until my license was renewed. It is also not legal to be here illegally. Your grandfather & mine were both immigrants. They came here LEGALLY, supported our families, paid taxes & abided the laws of the U.S. I may be missing something here, but I wonder why there is so much conversation about a law which permits the police to treat people who are here illegally the same as they do U.S citizens.
To Barnwell, Indie and Anita (in varying degrees)- I agree that illegal immigrants, in the broadest sense of the word, are criminals and need to be dealt with as such before any question of how they contribute to society is considered. That being said, I think it is a mistake to assume all illegal immigrants are REAL criminals (as in actually bad people) and should be treated with the harshest parts of law. In my opinion, rounding up and deporting all illegal immigrants without looking at their situations individually is one of the most un-American things I have ever heard. Many of these people are in this country illegally yes, but came here in order to work and have a better life for their families. Why not seek out these types of hardworking, freedom-loving immigrants and give them a chance to pay taxes? God knows we need the money. (Anita, I know our grandparents were all these things AND legal immigrants, but I gotta believe that if we were as diligent on the Mexican border as we used to be at Ellis Island, these types of illegal immigrants I'm talking about would have gladly stood in line and complied, just like our relatives did.)
ReplyDeleteOn the other hand, some of these illegal immigrants are just straight up criminals in the America's Most Wanted sense of the term. These are the people turning Arizona into the kidnap capital of America. They need to be pursued with every tool law enforcement has at its disposal. Unfortunately, immigration control is not one of the tools allowed under federal law. We have entire departments (ICE, CBP) with their own officers dedicated to this task, and while I understand the plight of Arizona taxpayers, I just don't think it's the job of police to enforce immigration law when they should be going after drug dealers, killers, rapists, etc. Start with the big crimes and then work down to immigration, that's what I think will keep Arizonians the safest.
Also, one more thing- the real enemy in the immigration issue has historically been the federal government. Hopefully that will soon change with REAL reform, but the government is truly to blame for letting our borders become so porous as to allow 11 million undocumented individuals into this country. But like it or not, these people are here. To generalize that they either all deserve amnesty or all deserve deportation is wrong. As tedious as it may be, the only American thing to do is to reach out to those who are here for the right reasons and vigorously pursue those who aren't. But that's just me.
I respectfully disagree.So it is fine for a hardworking "nice" person to come into the country illegally, but not ok for the ones who will be committing crimes? Since when do we pick & choose the people for whom it is o.k to break the law? In one of your other articles you talk about the state charging homeless people. THOSE are the people I want my hard earned taxes going to, George. Americans who are down on their luck, needing medical attention and assistance getting back on their feet. As you know well, just dealing w/ the homeless situation for U.S citizens is a daunting task. Never mind those who have homes, are working, but still have hunger & medical situations in their households.
ReplyDeleteInteresting article about all this today in the N.Y times:
http://www.nytimes.com/2010/04/29/opinion/29kobach.html
The problem as I see it.
ReplyDeleteMy neighbors have 20 people in one three bedroom house, and I know the police are informed. I am liberal, but I beleive being illegal is illegal!
My main issue with illgal immigrantion is that the population becomes exploited and powerless. These people have no rights, no health insurance, most do not have drivers insurance. Our rights are meant to protect Americans and without them we create havoc. Most illgal immigrants live in slum housing, and cannot call the police or osha if they have problems in their neightborhood or workplace. Who pays for their emergency hospital visit? Who pays for their schooling? American citizens.
Once they come in and are taken advantage of be their bosses or landlords, then the whole community is degraded. Your property taxes go down, your schools become crap, and your block becomes full of broken down death traps (cars). Without legal citizenship, you are bringing down America and the next generation of Americans. I think Arizona's bill should be thrown out, but not until the Federal Court fixes the problem.
Also the girl in Atlanta who commited a felony should go to jail. If I lied to the police and did not have drivers insurance they won't blink and eye lid if I told them I was a white girl still in college. She deserves to leave. The girl has been here for 11 years illegaly and I think that is enough time to apply for drivers insurance, or apply for a green card. No excuses.