Arizona Wins Suit in Supreme Court

In what looks like a win for state based immigration reform and a loss for any federal reform, Arizona today won a supreme court case which will create penalties for the employment of undocumented workers.  The Legal Workers Act, which was passed in 2007, was later challenged by the US Chamber of Commerce.  While the Chamber of Commerce, different civil rights groups, proponents of federal immigration reform, and the American Civil Liberties Union opposed this Arizona law, individuals advocating for stricter regulation of immigration sided with the state of Arizona.

While this legislation is not as controversial as others that have gone to court rulings, it may serve as a benchmark case in the debate over the length of state reach in immigration legislation.  While the Obama administration mourns this Supreme Court ruling, states that have become harsh opponents to recent immigration trends may elect to push more anti-immigration legislation.  At a federal level, we are struggling to set any immigration precedents, so it is only a matter of time before states start overextending their power.  This case marks crucial legislation, in which Arizona attempted to set strict regulations punishing businesses who knowingly employ undocumented workers.  The fact Arizona was challenged by a federal entity and won in the Supreme Court should come as troubling news to those of us who have been waiting for federal action on immigration reform.

As a follow-up to my last post, this comes as bad news to me for a variety of reasons.  I am deeply troubled by the evident lack of power that the Obama administration is showing on immigration issues.  Because this has been ignored throughout his entire presidency, states are lining up to take their piece of the immigration pie.   We see Arizona as the chief precedent setters now, but their landmark pieces of legislation do not go unnoticed by others.  To me, any win for the state of Arizona comes as a debilitating blow.  As this southwest haven for anti-immigrant sentiment grows, I am beginning to lose hope.  What is next?  How many losses must we suffer before we can start conversation about federal immigration reform?

HB12 and the Troubling Trend of State Patches for our Immigration System

Just a few weeks ago, HB 12 or the "Sanctuary Cities Bill" passed through the Texas House and now awaits an upcoming Senate vote.  This pending legislation, lauded by Texas Governor, Rick Perry, would effectively promote Arizona SB 1070-like anti-immigrant sentiment in local policing.  If implemented, this bill would require police forces to check immigration status of ANYBODY that they arrest or detain.  This bill, along with other pending legislation on the table for the state of Texas, requires local law enforcement officials to carry out federal duties in immigration enforcement.

HB 12 is just one of many examples of state effort to patch our federally ignored immigration conundrum.  As immigration reform becomes further overdue, states are taking immigration law into their own hands in attempt to repair the system.  We saw this one year ago, with the very controversial passing of SB 1070 in Arizona, as other states have pushed for Arizona-like anti-immigrant legislation in the wake.  While Texas and various other states tighten the bolts a bit on our immigration system, we must look critically at some of these new bills being proposed.  Is this legislation legitimate, or are we dealing with blatant racism?

As I look through some of the various legislation on the table for the state of Texas dealing with immigration (various bills that mirror SB1070, abolishing of birthright citizenship, requiring public school students to show social security numbers, etc.), I cannot help but get angry at the direction our politicians have decided to go.  This is racism, and while politicians continue to try and remedy our failing system, things are getting worse.  While our country has always relied on the continuous flow of immigrants, our laws and policies have effectively stopped the flow.  We have created a permanent underclass that will continue to live in fear, as now we are putting practices of racial profiling into law.  

Welcome to the Border, Mr. Obama

Unfortunately, I can report that my New Year's Resolution never fully came to fruition.  While I vowed to blog more, I actually blogged far less, which resulted in a long period of inactivity on this site.  I apologize for not posting more, but can report that I am committed to making more visits to this blog to share my feelings on my time in El Paso.  

So, my inability to effectively use most current technologies resulted in the loss of this long evaluation that I wrote on Obama's "major speech" he delivered yesterday in El Paso. Perhaps I was ranting a bit too much and the blog gods made effort to filter what I had to say. Who knows...  While it is still fresh on my mind, I will do my best to recall what I just wrote.

As many know, President Obama made a visit to El Paso yesterday to deliver a speech regrading the immigration system in the United States.  He chose Chamizal National Park as the venue, which holds significant historical relevance in 20th century Mexico/ US relations. This park, once subject to the relative mobility of the southern border through frequent changes in course of the Rio Grande, was created as a symbol of "peace".  While Chamizal is cut into two by a rather boisterous border fence, the monument marks a national boundary, which was not decided by oppressive expansionism through military force, but a peaceful agreement that was sealed by a friendly handshake.  The calm and serenity provided by the green park is a bit of an oddity set in the overwhelmingly brown landscape of El Paso, but created the perfect atmosphere for a speech in which Obama needed to peacefully call for bi-partisan efforts to work towards comprehensive immigration reform.  

The address on immigration was a "closed event", which signifies that only certain groups and individuals were allowed admittance.  Amazingly, by the selflessness of some incredible people (Thanks!), I was able to get a ticket to see Obama speak.  Admittedly, this venue was far different than the first occasion in which I was able to see Obama in public, his inauguration in Washington DC.   The crowd of about 1,500 was dispersed in front of a small, presidentially outfitted amphitheater, which seemed like only a handful compared to the couple million on hand at the "open" inauguration.

In his address, President Obama called for comprehensive immigration reform, while paying tribute to the recent successes of immigrants to this country.  He made clear that the current immigration system is broken and in need of remedy.  While Obama recognized that a constant flow of immigrants has defined the history of the United States, he stated quite clearly that "being a nation of laws goes hand in hand with being a nation of immigrants".  As Obama made efforts to appeal to both sides of the political spectrum, he took extreme caution in not straying too far toward either political extreme.  

Obama was very candid in expressing the struggles that he has encountered throughout his tenure, as the congressional makeup has driven him to make many concessions to the GOP.  While the Republicans have called for strengthened border security, the number of Border Patrol agents doubled and the fence grew both in height and length.  He also jokingly asserted that even if we triple the number Border Patrol agents patrolling the southern border, the GOP will not hesitate to ask for the number to quadruple.  "We have gone above and beyond what was requested by the Republicans."  As we move forward from the "border first" mentality, it is now time to work on a bi-partisan solution for our broken immigration system.

Obama's central argument for immigration reform was based on the revitalization of the economy.  With the current economic recession, the country has developed an overwhelming fear of newcomers, which has become very evident.  He stated that in economic hard times, it is far easier to become comfortable with notions of nationalism than grapple with truths that might be somewhat uncomfortable for us to accept.  Immigration reform on a federal basis is long overdue, and as we have been inactive in repairing this broken system for decades, we have faced the "consequences of our inaction".  

As the President of the United States addressed the broken immigration system to a supportive crowd in El Paso, he touched on a few issues that often do not often find their way into the emotional rhetoric of the national media.  He acknowledged that there are a large number of undocumented individuals living in the shadows, who are subject to removal, but not deserving of deportation.  He affirmed and reaffirmed that businesses need to be held accountable for who they employ, while he expressed extreme disappointment at the recent suspension of the DREAM Act.  Although Obama knows that immigration is often a controversial issue, he stated that we must make efforts to preserve the unified family.

For me, Obama's address to El Paso on Tuesday afternoon was a bit underwhelming.  While he acknowledged that the system is broken and in need of repair, it also became evident that he could not commit to anything with the current complexion of the House.  Although he has made concessions, his bi-partisan efforts to reform our immigration system will probably become further delayed.  His speech was safe, as he acknowledged that we need to take urgent action, yet no promises were made.  The immigration system needs to be fully revamped, starting at a very fundamental level.  The solution needs to come from an analysis of why people are migrating, as we must address flawed systems that the United States has contributed to.  For genuine, comprehensive immigration reform, Obama must reach across party lines, and individuals must be willing to truly "put politics aside". 

President Obama's recent address on the immigration system was a good start.  His decision to come to Chamizal National Park in El Paso and speak to a predominantly Mexican crowd about this controversial issue will hopefully spark some momentum.  This conversation needs to happen not only on the border, but across the nation.  As he ended his address, Obama empowered the crowd by stating that we need to be the ones responsible for fixing this fundamentally flawed system.

Full Speech, courtesy of whitehouse.gov