Whose Power Is It?
Sunday, April 25, 2010
United States immigration policy has long been formed at the federal level, with Congress and the president setting the agenda. The state of Arizona, however, just passed a bill giving local law enforcement authority over immigration and illegal immigrants. Under the new bill, which Governor Jan Brewer signed into law on Friday, it will be a state crime for illegal immigrants to be in Arizona; more than that, all immigrants will have to carry their “alien registration documents” at all times. The new bill also gives local law enforcement the power to ask people about their immigration status if they have a “reasonable suspicion” that those persons are undocumented.
Critics of the law claim it will lead to racial profiling. Anyone who appears as though they are not a natural born American citizen can be asked to prove their citizenship. And the most obvious way of guessing whether one might be a citizen or an alien? Ethnicity, of course. So perhaps these fears aren’t entirely unfounded. It seems clear that certain people will be stopped and questioned more than others.
One cannot entirely blame Arizona for taking a step towards combating the influx of illegal immigrants. Arizona does have the right to protect its borders against illegal immigration. And like any state, Arizona pays many costs for housing illegal aliens. Given that federal action against the illegal immigration problem has fallen by the wayside as a result of the financial crisis and conflicts abroad, it makes sense that Arizona chose to try and solve the issue on its own.
It seems, however, that there are still issues to work out regarding this legislation. Many question the law’s constitutionality by arguing that only the federal government has authority over immigration. Furthermore, with claims that the law will lead to racial profiling, regulations and oversight mechanisms need to be put into place to prevent such profiling—which maybe impossible, given the subject and the law. At this point, however, it’s up to the courts to decide. Phoenix mayor Phil Gordon has already promised to take the law to court, where a judge can decide whether states have any authority over immigration.
SARAH WENTZ