Today, both Democratic and Republican Florida state legislators joined leaders from the faith and civil rights communities in speaking out against proposed anti-immigrant legislation in Florida, calling the measure “sad,” “not right for Florida,” and “a violation of civil rights.” The bill, introduced this month by Florida Attorney General and gubernatorial candidate, Bill McCollum, goes beyond existing state law and would require law enforcement to check the immigration status of a suspected illegal immigrant when stopped during a violation. The bill, drafted with state Rep. Will Snyder, also allows judges to consider immigration status during bond setting and sentencing and requires Florida businesses to check their workers’ immigration status. McCollum’s immigration bill also requires immigrants to carry identification or face up to 20 days in jail. According to McCollum, Florida’s bill “offers more teeth” and goes “one step beyond” Arizona’s law, after which Florida’s bill was modeled.
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Yesterday, Phoenix district court Judge Susan Bolton enjoined key provisions of Arizona’s controversial immigration law, SB1070. The judge recognized that the federal government has primary authority over making and enforcing immigration law, and that while states have limited authority in this arena, they cannot interfere with federal enforcement or undermine federal priorities. The decision acknowledges the complex nature of immigration law and the harmful consequences of local police attempting to make immigration determinations. The judge also recognized the serious strain that the Arizona law would place on federal resources, which would detract from the federal government’s ability to enforce immigration laws in other states and target resources toward serious criminals.
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Tired of restrictionists introducing “get tough” anti-immigration legislation in their states, state legislators are pushing back with progressive immigration policies of their own. On a telebriefing yesterday sponsored by the Progressive States Network and the National Immigration Law Center, state legislators from Arizona, Iowa, Pennsylvania and Utah discussed what they are actively doing to push back on the recent uptick in statewide anti-immigrant legislation. From public education campaigns to health, wage protection and enforcement legislation, these state leaders are fed up with the status quo.
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Word has started to trickle down that the only immigration reform taking place this year will be of a piecemeal variety. According to The Hill, Senate Democrats are looking to focus on energy legislation over the next two months, leaving no room for comprehensive immigration reform (CIR). However, advocates are not giving up hope, stating that there is still time in 2010 for a CIR bill to be passed.
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Three Republican amendments to the Supplemental Appropriations Act (H.R. 4899) failed this morning. The amendments, which included proposals to ramp up border security spending from Senators McCain (AZ), Kyl (AZ), and Cornyn (TX), failed to garner the necessary sixty votes needed for passage. The Supplemental Appropriations Act is a broader bill that funds the troop surge in Afghanistan as well as other national security measures.
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Despite the mounting pressure (boycotts, legal challenges, protests) to repeal Arizona’s enforcement law (SB 1070), polls indicate that the majority of Americans support the law by almost two to one—and, at last count, as many as 17 other states are considering similar legislation. However, while it may seem advantageous for some in the GOP to use this anti-immigrant wave as political momentum for re-election, the long-term political impact may be larger and more harmful than they realize. Can the Republican Party (once the ‘Party of No,” then the “Party of Hell No” and now the “Party of Papers Please?”) really afford to further alienate the fastest-growing U.S. voting bloc—Latinos?
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Despite the commotion around Arizona’s SB 1070, a recent report shows that more laws expanding immigrants’ rights are being enacted than those contracting them. The Wilson Center’s study, Context Matters: Latino Immigrant Civic Engagement in Nine U.S. Cities, found that in 2007, 19 percent of 313 bills expanding immigrant rights were enacted and only 11 percent of 263 bills contracting rights were enacted by state legislatures. Washington, for example, passed SB 6403, which seeks to improve high school graduation rates by serving vulnerable youth, including recent immigrants. Andrew Selee of the Woodrow Wilson Center concluded that “most cities and counties are trying to figure out how they can best incorporate these immigrants,” many of whom are a “productive part of society,” rather than target them for deportation.
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In an interview on Univision over the weekend, Senator Harry Reid (D-NV) spoke about the path forward for comprehensive immigration reform (CIR)—in particular, the need for Republican support and its notable absence. Senator Reid called attention to the fact that Arizona’s recent immigration law is a reaction to the lack of federal oversight on the issue—yet when push comes to shove, Arizona’s senators refuse to work with Democrats on a reform bill. Like many Republicans, Arizona Senators McCain and Kyl are hiding behind the “secure our borders first” line—a tired strategy that has only exacerbated the myriad of other problems within our broken immigration system. Although the enforcement-first sound bite may play well with Arizona voters today, the failure to find bipartisan solutions on immigration will continue to have negative long-term consequences. Will voters—especially Latino voters—support the Republican Party if its leaders are perceived as uniformly obstructionist on immigration reform? Will the “Party of No” become the “Party of No One” come election day?
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Before Arizona Governor Jan Brewer ever put pen to paper to sign SB 1070, immigration rights advocates were preparing challenges to the law. Various members of the administration have hinted that the Arizona law may face a federal challenge—Attorney General Eric Holder stated that the Department of Justice is reviewing the law for a possible suit, and DHS Secretary Janet Napolitano echoed this in a hearing last week, stating that she had “deep concerns” with the law. Even President Obama has admitted that the law threatens to “undermine the basic notions of fairness.”
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Just when you think you’ve heard it all—someone, somewhere, sets the bar even lower. It’s not an overstatement to say that the immigration debate is ripe with contention. It inspires commentary from a wide range of political spectra—from the libertarian no-border folks to the “don’t retreat, reload” tea partiers. But regardless of political leaning, nearly all groups agree that immigration is a problem that needs to be fixed, albeit with an even wider range of solutions. However, right and left aside, there are people who want to take the immigration debate in yet another direction—downward. Against the backdrop of Arizona’s harsh enforcement law, there have been a slew of anti-immigrant aftershocks posing as solutions to our immigration problems—aftershocks that are as ludicrous as they are alarming. And for the record, this is the part of ILLEGAL that people don’t understand.
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