Immigration

Serious implications for U.S. foreign policy interests and U.S. compliance with international human rights standards will be at stake if the Supreme Court considers Arizona SB 1070’s constitutionality. The Ninth Circuit’s decision in United States v. Arizona is consistent with U.S. obligations under international human rights law as well as the Constitution. It at least partially protects the significant national interest in the conduct of foreign policy between the U.S. and Mexico as well. The decision upheld U.S. District Court Judge Susan R. Bolton’s preliminary injunction against key portions of Arizona’s infamous “Support Our Law Enforcement and Secure Neighborhoods Act,” also known as Arizona S.B. 1070, as amended by Arizona H.B. 2162.

Written by Lisa R. Pruitt Anyone who is following the debate about immigration and its reform in the United States is familiar with rhetoric disputing what America's core values are as a means of supporting the competing visions for who gets to be an American--or, at least, who gets to be in America legally.   Those opposing immigration talk about how the newcomers are changing America too much.  Those in favor of more lax immigration laws remind us that the United States has always been a nation of immigrants. Nowhere is this debate being waged more vigorously than in what might be thought of as America's heartland.  I was reminded of that fact this morning when I read that 57% of voters in Fremont, Nebraska, population 25,576, voted in favor of an ordinance that will "banish illegal immigrants from jobs and rental homes."  One of the things that makes the Fremont ordinance unusual among anti-immigrant activity by smallish local governments is that residents demanded this referendum--taking the matter all the way to the Nebraska Supreme Court--after city officials voted against such an ordinance.  Interestingly, the primary reason that the city's political leaders opposed the ordinance appears to be the litigation it is likely to prompt--litigation the municipality can hardly afford.  Read more here and here.

Written by: Karla McKanders If Arizona's passing the immigration law on Friday is a measure of our nation's racial sensibilities, our country has a long way to go.  Our country has a long history of racial discrimination towards minority groups, including Latino immigrants. In the 1800s, Congress passed the Chinese exclusion laws barring persons of  Chinese descent from immigrating to the United States and implementing forced labor for those who violated the laws. California instigated the passing of discriminatory and racist exclusion laws. In the early twentieth century, states also passed alien land laws which barred ownership of property by non-citizens. These laws were targeted at Japanese immigrants who, as non-whites were barred from becoming citizens. In 1965, in the wake of the Civil Rights Movement, the Immigration Act was passed which abolished all racial quotas and racial considerations from influencing whether a person could immigrate to the United States. Our world is also all too familiar with the apartheid laws that excluded racial minorities in South Africa. In 1950, South Africa passed the Population Registration Act which formalized racial classifications and required all persons over eighteen to carry an identity card, specifying their racial group. All civil, political and economic rights were extended to persons based on the racial category in which they belonged. The Pass Laws required persons to produce a passport like document stating the person’s race. The penalty for failure to produce an identity card resulted in detention until the subject’s identity was verified. These laws may seem like a thing of the past, however, on Friday, Arizona passed Senate Bill 1070.  This law permits police officers and other state agencies to identify, prosecute and attempt to deport undocumented immigrants. The law would allow the police to detain people they reasonably suspect are in the country without authorization and makes it a criminal offense for not carrying immigration documents. Residents can also sue cities if they believe the law is not being enforced. In addition, “[t]he law creates new immigration crimes and penalties inconsistent with those in federal law, asserts sweeping authority to detain and transport persons suspected of violating civil immigration laws and prohibits speech and other expressive activity by persons seeking work.” Arizona Governor Jan Brewer claims that the law is in reaction to the federal government’s unwillingness to pass comprehensive immigration legislation and that the states have to enact and enforce their own immigration laws.

Written by:  Karla McKanders Shortly after health care reform passed, Republicans stated that there will be no cooperation with Democrats for the rest of the year.  Specifically, John McCain stated “There will be no cooperation for the rest of the year. They [Democrats] have poisoned the well in what they’ve done and how they’ve done it.” In addition, Republican Senator Lindsey Graham, stated that he was withdrawing support of an outline for joint immigration bill with Democratic Senator Charles Schumer.  The joint bill proposed a pathway citizenship for undocumented immigrants by establishing biometric Social Security cards to ensure that illegal workers cannot get jobs; strengthening border security and interior enforcement; creating a process for admitting temporary workers; holding employers accountable for hiring undocumented workers; and implementing a tough but fair path to legalization for those already here. Graham echoed McCain’s sentiment that the passage of the health care bill “poisoned the well” of bipartisanship diminishing all hopes of cooperation on immigration reform. On the eve of health care reform, on March 21, 2010, many immigrant's rights advocates descended on the mall in Washington, D.C. to advocate for Congress to start discussions on immigration reform. More immigration rallies are being planned across the country to get Obama to place immigration reform on the Administration’s Agenda.