Will Arizonas Immigration Law Survive?
By THE EDITORS
Dario Lopez-Mills/Associated Press On the Arizona-Mexico border.
Arizonas tough new immigration enforcement law, which was signed on Friday, will face many legal challenges before it goes into effect this summer. Some opponents of the law, the toughest in the nation, predict that it will suffer the same fate as Californias Proposition 187, which was passed in 1994 but never carried out because of legal setbacks and political opposition.
But Californias initiative was aimed at limiting illegal immigrants access to social services, while Arizonas measure focuses on law enforcement: identifying, prosecuting and deporting undocumented immigrants.
What are the possible legal objections to Arizonas measure, and are they valid or not? What effect will this prospective law have on the rest of the country and on national politics?
Steven A. Camarota, Center for Immigration Studies
Hiroshi Motomura, U.C.L.A. law professor
Dan Schnur, former adviser to John McCain
Tamar Jacoby, ImmigrationWorks USA
Vivek Malhotra, A.C.L.U.
Doing What It Can
Steven A. Camarota is the director of research at the Center for Immigration Studies, a nonprofit research organization.
Arizona clearly has a huge illegal immigration problem. Its the top state for illegal border crossings. My research shows that illegal immigrants account for one-third of the states uninsured. Moreover, the state spends nearly $2 billion a year educating children from illegal families. Arizona also has one of the lowest rates of labor force participation among youths, who compete with illegal immigrants for jobs.
In pursuing a legitimate goal, Arizonans must also ensure civil rights are protected.
The states new immigration enforcement law is designed to mirror federal immigration laws. Federal law already requires aliens to register and carry their documents with them. The new Arizona law simply does the same thing. Because illegal immigrants are by definition in violation of federal immigration laws, they can now be arrested.
The law is specifically designed to avoid the legal pitfall of pre-emption, which means a state cant enact laws that conflict with federal statutes. By simply making what is a federal violation also a state violation, the Arizona law avoids this problem. Of course, the courts will ultimately decide the issue.
Read more
By THE EDITORS
Dario Lopez-Mills/Associated Press On the Arizona-Mexico border.
Arizonas tough new immigration enforcement law, which was signed on Friday, will face many legal challenges before it goes into effect this summer. Some opponents of the law, the toughest in the nation, predict that it will suffer the same fate as Californias Proposition 187, which was passed in 1994 but never carried out because of legal setbacks and political opposition.
But Californias initiative was aimed at limiting illegal immigrants access to social services, while Arizonas measure focuses on law enforcement: identifying, prosecuting and deporting undocumented immigrants.
What are the possible legal objections to Arizonas measure, and are they valid or not? What effect will this prospective law have on the rest of the country and on national politics?
Steven A. Camarota, Center for Immigration Studies
Hiroshi Motomura, U.C.L.A. law professor
Dan Schnur, former adviser to John McCain
Tamar Jacoby, ImmigrationWorks USA
Vivek Malhotra, A.C.L.U.
Doing What It Can
Steven A. Camarota is the director of research at the Center for Immigration Studies, a nonprofit research organization.
Arizona clearly has a huge illegal immigration problem. Its the top state for illegal border crossings. My research shows that illegal immigrants account for one-third of the states uninsured. Moreover, the state spends nearly $2 billion a year educating children from illegal families. Arizona also has one of the lowest rates of labor force participation among youths, who compete with illegal immigrants for jobs.
In pursuing a legitimate goal, Arizonans must also ensure civil rights are protected.
The states new immigration enforcement law is designed to mirror federal immigration laws. Federal law already requires aliens to register and carry their documents with them. The new Arizona law simply does the same thing. Because illegal immigrants are by definition in violation of federal immigration laws, they can now be arrested.
The law is specifically designed to avoid the legal pitfall of pre-emption, which means a state cant enact laws that conflict with federal statutes. By simply making what is a federal violation also a state violation, the Arizona law avoids this problem. Of course, the courts will ultimately decide the issue.
Read more
