Seeing it differently


From Law Professor Kris W. Kobach:

On Friday, Gov. Jan Brewer of Arizona signed a law — SB 1070 — that prohibits the harboring of illegal aliens and makes it a state crime for an alien to commit certain federal immigration crimes. It also requires police officers who, in the course of a traffic stop or other law-enforcement action, come to a “reasonable suspicion” that a person is an illegal alien verify the person’s immigration status with the federal government.

Predictably, groups that favor relaxed enforcement of immigration laws, including the American Civil Liberties Union and the Mexican American Legal Defense and Education Fund, insist the law is unconstitutional. Less predictably, President Obama declared it “misguided” and said the Justice Department would take a look.

Presumably, the government lawyers who do so will actually read the law, something its critics don’t seem to have done. The arguments we’ve heard against it either misrepresent its text or are otherwise inaccurate. As someone who helped draft the statute, I will rebut the major criticisms individually:

It is unfair to demand that aliens carry their documents with them. It is true that the Arizona law makes it a misdemeanor for an alien to fail to carry certain documents. “Now, suddenly, if you don’t have your papers … you’re going to be harassed,” the president said. “That’s not the right way to go.” But since 1940, it has been a federal crime for aliens to fail to keep such registration documents with them. The Arizona law simply adds a state penalty to what was already a federal crime. Moreover, as anyone who has traveled abroad knows, other nations have similar documentation requirements.

[…]

In sum, the Arizona law hardly creates a police state. It takes a measured, reasonable step to give Arizona police officers another tool when they come into contact with illegal aliens during their normal law enforcement duties.

And it’s very necessary: Arizona is the ground zero of illegal immigration. Phoenix is the hub of human smuggling and the kidnapping capital of America, with more than 240 incidents reported in 2008. It’s no surprise that Arizona’s police associations favored the bill, along with 70 percent of Arizonans.

President Obama and the Beltway crowd feel these problems can be taken care of with “comprehensive immigration reform” — meaning amnesty and a few other new laws. But we already have plenty of federal immigration laws on the books, and the typical illegal alien is guilty of breaking many of them. What we need is for the executive branch to enforce the laws that we already have.

Unfortunately, the Obama administration has scaled back work-site enforcement and otherwise shown it does not consider immigration laws to be a high priority. Is it any wonder the Arizona Legislature, at the front line of the immigration issue, sees things differently?

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One thought on “Seeing it differently

  1. Most people in America aren’t against immigration; they’re just against illegal immigration. For example, like most of our ancestors, my mother’s parents were immigrants. They came through Ellis Island and followed the various legal steps required in order to establish themselves as true citizens of this country. The immigrants crossing the Mexican border, however, have absolutely no interest in following these legal protocols. Once they cross the border, they change their names and/or purchase social security numbers in an effort to conceal their true identities from the law. It is not uncommon for an illegal immigrant to purchase not one, but two or more social security numbers, just in case one is flagged. I have witnessed this crime with my own eyes. (One day, a supposedly legal immigrant was asked to give their social security card to a receptionist for a job application and an interview. When the receptionist happened to ask to see the card a second time, the immigrant mistakenly handed over a different social security card with the same name on it, but with a completely different set of numbers…)

    Don’t get me wrong: I’m not against Hispanics. I have many Hispanic friends, but they either have green cards to work in the United States or have become legal citizens. They decided to follow the rule of law and work within the boundaries of our legal system. Unfortunately, many immigrants do not, and it is those particular individuals that we are most concerned about.

    Now it seems that those who sympathize with illegal immigrants wish to hijack the discussion of reform by attacking the law recently imposed by the State of Arizona through protests and boycotts; a state mind you, that has been besieged with crime, drugs and an ever-increasing population of illegal immigrants. Don’t allow them this option. Speak out and take action. This is your country… fight for it.

    In closing, I consider myself to be a bleeding-heart liberal: a Democrat. My ancestor, Roger Williams – the founder of Rhode Island and founder of the First Baptist Church in America, was one too; regarding the acceptance of different nationalities, cultures and religions as the vitality and lifeblood of any country. Nevertheless, I think that he would agree with me; that immigrants wishing to become legal citizens have not only the obligation, but the civil and legal responsibility to follow the rules of law established by any country in which they wish to become authentic citizens, just as our ancestors – both yours and mine – struggled so arduously and righteously to achieve.

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