Thursday, May 13, 2010

A Commentary to Arizona Immigration Law

I agree with the general tone of this blog. It's true that Janet Napolitano is upset with the Arizona's new immigration laws recently signed by Governor Jan Brewer. It would surprise me to read anything different. Napolitano must support the current actions or non-actions of the US government being in her current position until reform is completed on the National Level, which by the way she supports. It seems that from the elevated tensions that Governor Brewer felt the need to sign into law Senate Bill 1070. Even when Napolitano was Arizona's Governor in 2005 she implemented a state of emergency in August 2005 that freed up money to boost law enforcement along the border. This was after a self-appointed militia called the "Minuteman Project" began patrolling the border in April earlier that year. Napolitano may not agree with the new Arizona law, however she is quite aware of the need for immigration reform to help illegal immigration in Arizona. Arizona's surge of illegal immigrants has severely strained the states resources to accommodate these people in their schools, hospitals and prisons. Napolitano in a speech in 2007 to the National Press Club said, "Congress and the President must act this year, to fix this broken system. Washington must commit to immigration as one of the signature domestic and foreign policy issues of our day, because as in so many things, the continued failure to act will be worse than almost any legislation that can be passed." Immigration has decreased as Napolitano states since 2008 but has been due to both a down economy and the increased costs to pay smugglers due to tightened enforcement along the border according to Jeffery Passel of the Pew Hispanic Center.


Governor Brewer was in a no win situation. She took an oath to serve and protect the citizens of Arizona when she took office. This new law seems to enforce current laws on the national level. Gabriel Chin who is a professor at the University of Arizona pointed out that 8 United States Code 1306 (a) had only five convictions across the U.S. in 2008. He went on to say that "What the Arizona law does is make a state crime out of something that already is a federal crime that the authorities have chosen not to enforce except in rare circumstances." In a recent poll taken by the Pew Research Center earlier this month overwhelmingly showed that the American people support the elements of Arizona's Senate Bill 1070. In four categories polled the percentages ranged from 73% for requiring documents to verify legal status, 67% for allowing police to detain anyone who can't verify status to 62% for allowing police to question anyone they think may be in the country illegally. As Governor Brewer is an elected official it seems she felt obligated to do something that she did not see the Federal Government enforcing. In addition to 8 United States Code 1306 (a) 1304 (e) was also taken from the Federal law to enforce at the state level. In 1304 (e) an alien is required to carry at all times in his personal possession any alien certification or alien registration receipt card issued to him. In 1306 (a) requires any alien to apply for registration and to be fingerprinted in the United States. After reading the Senate Bill 1070 I did not see anywhere racial profiling would be tolerated although I could see where it would be covered under Civil Rights protections within the law.

I definitely agree that it is not wrong asking immigrants to obey the laws of entry into this country. There have been federal laws protecting us for many years on the books as I mentioned above. For Governor Brewer signing this bill into law on the state level doesn't seem wrong to me. I believe she did what she felt had to be done to protect the citizens of Arizona. I believe it will speed up the reform needed on the National level now. Brewer said that racial profiling will not be tolerated and that we must trust our law enforcement officers. It is true we have always needed to trust our law enforcement officers to not racially profile anyone while they are doing their jobs. Anyone found violating these imigrants rights should be prosecuted. This country was built on the backs of immigrants. There are many good people here because they only want a better life for their families. I suggest that it has become the story of the bad apple spoiling the barrel. It's the increase in numbers of bad apples that has brought this to a head. Illegal immigrants who have committed violent crimes and other criminal activities make citizens who may be legal immigrants or born and raised citizens feel afraid and angry because the politicians on the state and federal levels have not done enough to address this problem. Let's hope it moves forward soon because it needs to.

(The Blog this is a response to)

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