Federal Action Against Arizona Over Immigration Law

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Federal Action against Arizona over immigration law




One of my main complaints about President Barack Obama has always been that when it's time to show some cojones in a tough situation, he gets timid. Taking a look at his administration's lawsuit against Arizona over the state's immigration reform law, however, it seems that he may no longer be so cojones-challenged.

Attorney General Eric Holder threatened to bring the suit not long after Gov. Jan Brewer signed the law, which allows state law enforcement to sniff out illegal immigrants anywhere they think they might be, which basically amounts to legalized racial profiling. But, according to a Pew Center poll, 6 in 10 Americans actually think this law is a good idea.

That's why the lawsuit is an example of Obama showing a little backbone: he's doing the right thing even if it's unpopular.



Gov. Brewer has always argued that illegal immigrants in Arizona are a terrible problem that the federal government has been cavalier about. So much so, that her state had no choice but to pass a law allowing their law enforcement to do the job she says the feds would not - a law mandating a witch hunt for Mexicans was her answer.

But the Obama Administration is challenging the very constitutionality of Arizona's law; Holder argues that the law takes away the government's authority under the constitution to handle immigration issues.


And that is true. Everything involved in coming in and out of this country - from passports to visas to green cards to naturalization forms - is handled by the federal government. So by law, Arizona cannot just say they are going to start processing people out of the country.


But this isn't really about bureaucracy and rubber stamps. Arizona is upset that there are thousands of illegal immigrants - even the children - within the state who are criminals . An incident in which a rancher was killed allegedly by an illegal immigrant spurred the law in to fruition.



This is, however, one of the places Brewer screwed up. Had she not been so willing to exploit the frontier-style populism that seems to be overtaking the country's politics these days, she'd have read that the rancher was killed by a Mexican cartel operative and that the true danger is the drug market in the United States, for which no governor seems to be willing to work with the Feds on providing a reasonable solution.


So while drug runners are pushing methamphetamine to labs in Arizona and all through the southwest to provide dope to her constituents, Brewer apparently thinks it's a better idea for cops to walk in to any restaurant kitchen and detain people, whether they are citizens or not, until they can come up with proof of their ability to be in this country. At the same time, the law enforcement resources that could have been capturing violent criminals who happen to be illegal, are non-existent.

That, Arizonans say, is the best solution to the illegal immigration problem.

Well, Gov. Brewer it's a dumb idea, but at least it will get you re-elected.



Meanwhile, Holder has to prove in court that Arizona is going against the U.S. Constitution. That should be easy to prove. But it would be a mistake to argue whether it's right or wrong, based on politics or racism, or is ultimately mean-spirited. Those are merits that a judge should not have to take into account.

The only thing here to worry about is whether or not Arizona violated the law of the land by ignoring its authority on a federal issue, which it did. To let Arizona win this one would provide a very, very bad precedent where states could simply feel the U.S. Constitution has no bearing.

Tthat would be dangerous for the civil rights of all Americans.

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