Federal Incompetence Forced Arizona Immigration Law

April 26, 2010 RSS Feed Print
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By Peter Roff, Thomas Jefferson Street blog

There is no easy solution to the problems posed by illegal immigration. First off, there are the economic costs, like the way illegals currently residing in the United States draw benefits from the welfare state while failing to contribute to its upkeep. Some suggest that they be cut off from these benefits–like free public education and hospital emergency care–preparing themselves for howls of outrage, claims of unfairness and significant legal challenges.

There is a perception, illegitimate though it may be, that a conflict exists between the rights of those born in the United States or who are in the country legally and those here illegally–and that stakeholders on each side of the debate have an equally meritorious position. Unfortunately this has produced a political crisis where the safest position is to support the status quo. Never mind that continuing to acquiesce to the presence of illegals makes a mockery of the idea that the United States is a nation of laws that must be respected and, yes, obeyed.

By putting her signature on a bill that addresses the problem directly, Arizona Gov. Jan Brewer has been propelled as though shot out of a cannon from the depths of obscurity into the middle of the three-ring circus that is the U.S. immigration debate.

Brewer and her Republican colleagues in the Arizona legislature who voted for the bill have been held up to scorn by pro-immigration activists who charge they are creating a police state in the American Southwest. Despite the fact the bill has many commendable parts to it–including its toughening of the penalties for anyone found to have engaged in “the smuggling of human beings,” critics have focused almost entirely on one section of the new law, which reads:

For any lawful contact made by a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person…

To some, that sounds like an open invitation for a Wild West environment in which police officers can stop people at will and ask “to see their papers.” To others, that is a wildly expansive interpretation grounded in a politically-motivated fantasy that ignores established procedures and decades of jurisprudence.

Consider that all along America’s southwestern border criminal activities have spilled over into the United States from Mexico, leading to kidnappings, drive-by shootings and murder. In many places the streets are increasingly less safe for everyone, American-born and immigrant, legal and illegal. Who is prepared to argue that drastic measures are not appropriate to combat this problem, especially since the authorities responsible for the security of the border and the enforcement of immigration laws–the federal government–are unwilling to step up and shoulder the responsibilities they already have?

It is either the inaction or incompetence of the federal government to deal effectively with the very real threats to national and personal security that forced Brewer’s hand. Years of neglect by Democrats and Republicans alike had created a variety of tipping points where illegal immigration intersects with crime, economic development, education, healthcare, and jobs. People, rightly, are demanding action–affirmative, even aggressive action. In a survey released Monday, pollster Scott Rasmussen reports that 60 percent of voters nationwide are in favor of the new Arizona law.

According to Rasmussen, 77 percent of Republicans and 62 percent of self-described independents support the law while Democrats, somewhat surprisingly, are evenly divided on the issue.

It is a credit to the American people’s innate sense of fairness that 58 percent of them, Rasmussen found, are at least somewhat concerned that “efforts to identify and deport illegal immigrants will also end up violating the civil rights of some U.S. citizens,” including 29 percent who said they were “very concerned.”

Nevertheless, what Arizona has done–while easy to portray as extreme or “un-American”–is an understandable reaction to the problems a porous border and a federal government unwilling to address the problems it creates, which affect honest, law-abiding, taxpaying citizens whether they are native born, naturalized or otherwise in the country legally.

Tags:
Jan Brewer,
Arizona,
immigration reform,
Hispanics

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Many employers now require bilingual Spanish speaking applicants for all levels of jobs, not just the lower level unskilled jobs in the news. That is a form of reverse discrimination for those who do not speak Spanish. How fair is that? It deprives many college grads and other professionals of opportunities. Many illegals and their families choose not to learn English, so others are punished for not speaking Spanish.

Melissa Bennett of CA 10:04PM August 04, 2010

I will support Arizona by reserving a room, doesn't which hotel, uisng my credit card..... and of course I will be a no show.... allowing the hotel to submit the charges.... if 100's or 1000's of people did this just once, the impact would be GREAT!!!!

John of AL 9:35PM July 27, 2010

Isn't it ironic that the first time our "oh so cool, calm, and collected" President decides to get his dander up and take a stand contrary to the wishes of his country...it has to be against his country? Let's be sure to compromise this into mediocrity and uselessness too.

Read the law closely. It was worded carefully to imitate the Federal laws and should be construed as an extension of the same. Are we suggesting the Feds are better at telling who is a citizen and who is not? Give the state a chance.. People are dying there. By the way, what happened to "innocent until proven guilty"? We have to start somewhere. We have had decades of starting nowhere and it isn't working. If we hadn't let this go on for so long this would be a minor issue as there would be very few illegals and there would be no real need to check everyone's papers. If we all would stop making all illegals so comfortable they wouldn't want to come here, they might even be afraid to. Imagine that.

Good for Governor Jan Brewer. She has forced the President to address one of his more important campaign promises and maybe some definitive action will come out of this. If the Feds won't do the job then the states absolutely must. I wish Mr. Obama had the fortitude of Ms. Jan Brewer. Maybe she should run for president. Yes, I voted for him but I would sure like to see him actually lose his cool just once so we know he is human.

Thoughts?

Mike R of CO 3:18AM July 14, 2010

Peter Roff

Peter Roff

Peter Roff is a contributing editor at U.S. News & World Report. Formerly a senior political writer for United Press International, he’s now affiliated with several public policy organizations including Let Freedom Ring, and Frontiers of Freedom. His writing has appeared in National Review, Fox News’ opinion section, The Daily Caller, Politico and elsewhere. Follow him on Twitter @PeterRoff.

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