Arizona: Getting serious about illegal immigration

So the Arizona legislature has passed a law designed to help address illegal immigration. Briefly the law does two things. First, it requires that immigrants carry their alien registration documents at all times. Second, it requires police to question people if there's reason to suspect that there are illegal immigrants. Third, it imposes penalties on those who hire illegal immigrants or knowingly transport them.

This law has caused something of a furor to say the least.

President Obama has indicated that the Justice Department would investigate civil rights violations that might arise from a new law. That said, he also observed that "Our failure to act responsibly at the federal level will only open the door to irresponsibility by others. And that includes, for example, the recent efforts in Arizona, which threatened to undermine basic notions of fairness that we cherish as Americans." Clearly Mr. Obama doesn't much care for the law. He is, of course, entitled to his opinion and he is entitled to use the Federal Government to monitor the law, or even challenge the law in federal court. It is, however, telling that even the President notes that the Federal Government has, in fact, failed to actually effectively enforce existing immigration laws. Indeed, the Federal Government has on several occasions acted to prohibit local and state governments from enforcing existing Federal immigration laws!

Understandably, Arizona and several other states are concerned by the continuing flood, I'm tempted to call it invasion, of illegal immigrants. Since the Federal Government has not enforced existing laws, Arizona, I'm tempted to say quite sensibly, decided to give police the power to take a very modest action - ask for proof of immigration status IF there is reasonable cause. On its face that seems an entirely common sense step.

It is, of course, as many have pointed out subject to abuse. That's a legitimate concern, particularly when law enforcement has a history of being abusive (one need only remember a woman traveling with her infirmed mother who was stopped by the Federal TSA over some baby food in a cooler for her mother then charged with assault over snatching her cooler out of the hands of a TSA agent after the offending baby food was already thrown away, arrested, strip searched, jailed, and subject to prosecution, but hey that's the TSA). While misuse is certainly an entirely sensible concern I'd note the following common sense observations. First, when I get a job, I need to provide proof of citizenship today. That's required under existing Federal law. Second, absent anything remotely like effective immigration enforcement, serious crime in border states has, in fact, increased. We might not like it, but as CNN is fond of point out, facts are neither red or blue.

Now some say what we need is comprehensive immigration reform including a path to citizenship for those currently in the country illegally. But wait, we've done that at least three times that I can remember in the last 50 years. Common sense suggest that we already have more than enough immigration laws. When we don't enforce them though, all we do is invite illegal immigration. Worse, we actively participate in creation of an underclass of workers that are far to often misused by employers as was the case recently in New England at a factory that, wait for it, made US military equipment. In my common sense view, it's not simply wrong to take advantage of illegal immigrants, it's immoral and certainly not Americana.

The Arizona law has a long overdue provision to punish those who employ illegal immigrants. That entirely common sense provision and enforcement of existing provisions is long overdue. Illegal immigrants come to the United States in large part for a combination of economic, read jobs, and civil, read a working society, reasons. Removing the economic incentive will certainly reduce the reasons to illegal enter the United States and thus the number of illegal immigrants. Additionally it will punish those who prey on illegal immigrants.

Finally, the Arizona law has a provision that sensibly punishes those who knowingly transport illegal immigrants. I have on any number of occasions seen illegal immigrants clustered at day labor sites waiting for someone to come along and offer them a below minimum wage cash job. It is simply wrong to allow this to continue.

So what does common sense suggest about the Arizona law. Is it a good law? Well, that depends on how/if it is enforced. Is it subject to abuse? Absolutely, but it hasn't been abused yet and there are provisions to address abuse if/when it occurs. Does illegal immigration need to be controlled? Absolutely, we are being invaded. If you don't think so just checkout the six illegal Hispanics that were working for cash for a contractor to the cable company in Charlotte that I ran into in my parents back yard. Is the Federal Government, they after all are responsible for immigration, enforcing existing immigration laws? No, not even close. Should they? Yes.