Over 70% of the American population supported Arizona's proposition 1070, and the Republicans are going to town over Obama's suit that temporarily shut the majority of the bill down. Clearly the Obama administration is against the States and the will of the people.
Well wait a minute. Five points that render Fox News' spin on it kinda suspect.
First, the proposition didn't actually give police officers any more power than they had under the current federal immigration law. The law required new behavior from existing officers - all of which involved charging the immigrants with a new crime that would have placed those prisoners in local jails before INS got them instead of turning them directly over to INS. Realize Joe Arpaio, the 30 year sheriff of the county where this law originates is AGAINST this law. He's not a liberal, he's convinced that this law gives him nothing but additional red tape and costs.
Second, this law effectively amends and extends the Federal law. This is explicitly prohibited in the US Constitution. Article VI clause 2 gives any federal law supremacy over state law and binds both state and federal judges to defer to existing federal legislation in any area of conflict. This law was unconstitutional the moment it left the legislature for purely legal reasons.
Third, even if you don't care about constitutionality, lets talk about what would have happened if the law passed. Every State would pass a their own version of the law. Do we want 50 different immigration policies all shaped around the mood and political leanings of each state legislature? Is that really where we're headed? Do you want immigrants forum shopping for which STATE to immigrate into? Imagine the impact this would have on state economies as legal immigrants avoided some states for others.
Fourth, consider what this law asked from LEGAL immigrants. Try to separate the politics from it a minute and just use common sense. All legal immigrants would have to carry their papers at all times and be able to produce them at the demand of any officer. How would officers choose who to ask? Even if the officer means well, how would they suspect someone is an immigrant? Would they know my father immigrated from Germany? Would Canadians be asked? Racial profiling would be an inevitable result regardless of the intent of those involved. Do we really want Latinos having to carry proof of their American status because they are Latino? There is a racial component to the immigration conflict that cannot be dismissed. The frustration of legal Americans has bled over to the common racial identity of the most common border offender. This can't be legislated away by saying "You can't do it just because they're Mexican."
Fifth, consider what this law asked from police officers. They would be required to stop and ask suspected illegals not just on their way in, but established illegals within the US. Now remember, police officers are not the Border Patrol. They often don't move in groups or act as organized dragnets. Imagine the tension that comes when an patrol car pulls over potential illegals where the consequence is now jail, fines, and of course deportation, and separation from their families after having developed a life in America for some time. Right or wrong of the, what do you suppose this does to the odds of a hostile or violent exchange? What would you if the police suddenly acquired the ability to send you away from everything you loved?
This law was a mess from the outset. It was the product of the building frustration over the federal governments lack of comprehensive immigration law, investigation and enforcement. For this purpose, the law gets my nod for drawing up the national outcry against our poorly managed border situation. But we need sanctions against businesses who hire illegals - something Conservatives avoid. We need more resources to patrol and manage border crossings - something everyone avoids. We also need a policy that provides a method to integrate and manage the existing illegal population since everyone knows ripping it out would be like going after cancer in a loved one with a chainsaw.
Republican or Democrat, you can't deny that the law Arizona created was never about successful legislation. It is a political gesture and a tool for the local governor to hopefully seek re-election, but for reasons ranging from law to real effect to morality, it is a travesty, and politically active citizens everywhere should be talking less about prop 1070 and more about how we can build - together - a immigration policy that works for all Americans.
Well wait a minute. Five points that render Fox News' spin on it kinda suspect.
First, the proposition didn't actually give police officers any more power than they had under the current federal immigration law. The law required new behavior from existing officers - all of which involved charging the immigrants with a new crime that would have placed those prisoners in local jails before INS got them instead of turning them directly over to INS. Realize Joe Arpaio, the 30 year sheriff of the county where this law originates is AGAINST this law. He's not a liberal, he's convinced that this law gives him nothing but additional red tape and costs.
Second, this law effectively amends and extends the Federal law. This is explicitly prohibited in the US Constitution. Article VI clause 2 gives any federal law supremacy over state law and binds both state and federal judges to defer to existing federal legislation in any area of conflict. This law was unconstitutional the moment it left the legislature for purely legal reasons.
Third, even if you don't care about constitutionality, lets talk about what would have happened if the law passed. Every State would pass a their own version of the law. Do we want 50 different immigration policies all shaped around the mood and political leanings of each state legislature? Is that really where we're headed? Do you want immigrants forum shopping for which STATE to immigrate into? Imagine the impact this would have on state economies as legal immigrants avoided some states for others.
Fourth, consider what this law asked from LEGAL immigrants. Try to separate the politics from it a minute and just use common sense. All legal immigrants would have to carry their papers at all times and be able to produce them at the demand of any officer. How would officers choose who to ask? Even if the officer means well, how would they suspect someone is an immigrant? Would they know my father immigrated from Germany? Would Canadians be asked? Racial profiling would be an inevitable result regardless of the intent of those involved. Do we really want Latinos having to carry proof of their American status because they are Latino? There is a racial component to the immigration conflict that cannot be dismissed. The frustration of legal Americans has bled over to the common racial identity of the most common border offender. This can't be legislated away by saying "You can't do it just because they're Mexican."
Fifth, consider what this law asked from police officers. They would be required to stop and ask suspected illegals not just on their way in, but established illegals within the US. Now remember, police officers are not the Border Patrol. They often don't move in groups or act as organized dragnets. Imagine the tension that comes when an patrol car pulls over potential illegals where the consequence is now jail, fines, and of course deportation, and separation from their families after having developed a life in America for some time. Right or wrong of the, what do you suppose this does to the odds of a hostile or violent exchange? What would you if the police suddenly acquired the ability to send you away from everything you loved?
This law was a mess from the outset. It was the product of the building frustration over the federal governments lack of comprehensive immigration law, investigation and enforcement. For this purpose, the law gets my nod for drawing up the national outcry against our poorly managed border situation. But we need sanctions against businesses who hire illegals - something Conservatives avoid. We need more resources to patrol and manage border crossings - something everyone avoids. We also need a policy that provides a method to integrate and manage the existing illegal population since everyone knows ripping it out would be like going after cancer in a loved one with a chainsaw.
Republican or Democrat, you can't deny that the law Arizona created was never about successful legislation. It is a political gesture and a tool for the local governor to hopefully seek re-election, but for reasons ranging from law to real effect to morality, it is a travesty, and politically active citizens everywhere should be talking less about prop 1070 and more about how we can build - together - a immigration policy that works for all Americans.
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