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Kristian Ramos

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Ahead of Arizona Primary a Decline in Political Cachet of State Immigration Laws

Posted: 02/27/2012 7:30 am

Ahead of a competitive Arizona primary, Mitt Romney said that the state's immigration law SB1070 would make a strong model for the rest of the country. While this may be smart politics in a Republican primary where rhetorical thumping of chests has replaced cogent articulation of any immigration policy, conversely it is also indicative of the fact that the GOP presidential field has a stunning lack of understanding of how state-passed immigration laws work and very real contempt for the Hispanic vote.

The GOP embrace of SB1070 as a national model is ridiculous for several reasons. As Andrés Oppenheimer recently wrote these laws are toxic for states that have passed them and are exceedingly difficult to enforce. The difficulty in enforcing these laws does not come from the various lawsuits which come with them, but from the fact that these state passed immigration laws are designed to mirror federal enforcement practices without giving states the resources to enforce these laws adequately. States quite simply do not have the infrastructure, money or time to enforce federal immigration laws. Despite the open rancor of these GOP debates, and the chest thumping of a few local elected officials, the fact remains that the majority of states in the country are facing an improving fragile economy and are looking to capitalize and grow. Re-regulating federal immigration law is quite simply not something the majority of local legislatures have much interest in.

The GOP's lone contribution to fixing our broken immigration system, so called "self-deportation," is completely contrary to a state model. Under this scenario if a state like Arizona passes SB1070 and California, Colorado, Nevada and New Mexico do not pass similar laws, then what is to stop an undocumented immigrant from simply moving to another state as opposed to leaving the country? Even if the Supreme Court was to rule that states can pass their own immigration laws, there is no guarantee that even half of the states in the country would do so. Why? Because most states do not want the added cost and problem of enforcing federal immigration laws. States know the federal immigration system is broken, but they also know that at this point they cannot fix a national problem on their own.

For those who may think that an embrace of these state laws may pay political dividends, think again; these laws are politically toxic to the Hispanic community. As a recent Time Magazine cover story pointed out, Hispanics will be a deciding factor in this year's presidential race. Poll after poll shows that the Republican candidates who continue to embrace these harsh immigration laws see their profile diminish with the Hispanic community on a national basis. Arizona Senator John McCain, who had some good will built up in the Hispanic community from his time as an avid immigration crusader, only got 31% of the Hispanic vote. The top three Republican candidates do not have nearly that type of recognition among the Hispanic base. Among Hispanic voters none of the GOP candidates receives more than 24% in a head to head match up with President Obama.

The most frustrating thing about the Republican Party's embrace of a patchwork of immigration laws is that it misses the broader problems facing local governments; our federal immigration system is broken and needs to be fixed, not by states but by Congress. The original drafters of SB1070 legislation wrote the law to directly challenge the federal government to do something about the current national law. These state laws were never designed to be sustainable models for the country; they were designed to highlight problems in our current legal system.

Over the last three years the Obama Administration has done its due diligence to enhance our immigration system, including making legal immigration more efficient and smarter enforcement of our current immigration laws. The GOP's embrace of these laws in their primary season merely highlights the intellectual bankruptcy of the right on immigration. The fact remains that it is disingenuous at best for the Republican Party to say out of one corner of their mouth that our immigration system is broken, then do everything they can in Congress to stop any wholesale fix, all the while pushing state-passed laws based on our federal immigration system as a solution to our broken system. Our states and our country deserve better.

 

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Ahead of a competitive Arizona primary, Mitt Romney said that the state's immigration law SB1070 would make a strong model for the rest of the country. While this may be smart politics in a Republic...
Ahead of a competitive Arizona primary, Mitt Romney said that the state's immigration law SB1070 would make a strong model for the rest of the country. While this may be smart politics in a Republic...
 
 
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HUFFPOST PUNDIT
spytheweb
Black Democrat
12:01 PM on 02/28/2012
 "States quite simply do not have the infrastructure, money or time to enforce federal immigration laws." Or any laws concerning illegal aliens, they hope and dream.

All they have to do is hand over the fingerprints of people who have broken the law to ICE (which SC will do) and let them handle it. E-Verify employees in their states, and the one i like, tow the cars of the uninsured.

As of Jan 2013 secure communities goes nationwide, NJ and a few other states just went 100%, also the Real ID Act also goes nationwide Jan 15th 2013. Driver licenses will only be issued to US citizens and greencard holders, nationwide.

Birthright and national E-Verify bills are now working themselves through congress. Did illegal aliens think America was going to remain like this forever, not enforcing immigration law?
12:38 AM on 02/28/2012
It is difficult to unseat an incumbent.
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rltballer
why is equality difficult for some to understand?
10:30 PM on 02/27/2012
Gopers keep.killing their.chances. Democrats women latins nor independents will vote for.them.
07:45 PM on 02/27/2012
"The GOP's lone contribution to fixing our broken immigration system, so called "self-deportation," is completely contrary to a state model. Under this scenario if a state like Arizona passes SB1070 and California, Colorado, Nevada and New Mexico do not pass similar laws, then what is to stop an undocumented immigrant from simply moving to another state as opposed to leaving the country?"

Thank you for acknowledging this contribution. The obvious answer to your issue about only some states having an attrition policy is to take such a program national. Then, rather than move to a different state, the alien will move to a different country than the U.S.
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rltballer
why is equality difficult for some to understand?
10:29 PM on 02/27/2012
No thanks. I prefer to welcome.those.that have been.here for years and years as equals. Wwjd? He surely would not turn his back on those in need.
03:27 AM on 02/28/2012
Your way is de facto unlimited immigration and makes suckers out of those who follow the rules. Please consider those things.
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HUFFPOST SUPER USER
CrestedSparrow
06:55 PM on 02/27/2012
We can see that AZ copy cat laws in various states have had the desired outcomes of terrorizing Mexican families so that they will leave the state, job sites, and schools or be imprisoned, but we can also see the negative impact on the states economy in some states. http://americasvoiceonline.org/press_releases/entry/how_much_would_an_arizona-style_immigration_law_cost_your_state/
Although I agree with E-Verify as one part of comprehensive reform, it is obvious that those governor's eager to cleanse their states of "illegals" and jump on the ill-willed and wrong-headed bandwagon of AZ's never-to-see-daylight SB1070, it has never been about jobs for Americans and this is where the truth becomes evident. It is true that farmers have suffered the loss of 10s of millions of dollars in crops even after recruiting for American workers; an obvious and predictable outcome of laws designed to ultimately incarcerate the very people who have historically performed the work in various sectors that Americans have traditionally rejected. http://www.csmonitor.com/Business/Mises-Economics/2011/1020/Farms-can-t-find-pickers
Some might say these laws have only one aim and it isn't about creating jobs for Americans? So what is Arizona's answer to all of this? An endless supply of prisoners courtesy of ALEC's long range plan creating oodles of free prison labor for the state. http://civiliansnews.com/2012/01/17/alec-prison-lobby-cca-arizona-immigration-law/
HUFFPOST PUNDIT
hrpmap
Retired man still active..
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HUFFPOST SUPER USER
orcinous
Close Guantanamo, pass a jobs bill, end the drones
02:35 PM on 02/27/2012
The author failed to see Romney's point that the state system can become the national model, not that the state system in Arizona would be passed in every other state. Immigration laws we have now are sufficient if only they would be enforced. Finish building the wall as prescribed by law. Go after employers who hire illegal aliens. Continue to deport illigal aliens and give them a consequence for returning.
HUFFPOST SUPER USER
hjo4
Don't make your problems mine
01:58 PM on 02/27/2012
As an American Black man I agree with States being able to create anti-illegal alien laws to thwart illegals from living in their States. We have an immigration system that works for the million of immigrants who bother to use it.The only folks I hear claiming our Immigration system is broken are those who are in America illegally and their supporters. Since the government claims they cannot deport the 11 million or so illegal aliens themselves, it only makes sense that States create laws to make it virtually impossible for illegal aliens to live in their States. I believe we should offer free trips back to the country of origin to illegal aliens. There is never any excuse to violate our laws and that applies to those who made the choice to enter America illegally and unlawfully.
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HUFFPOST SUPER USER
Scott Leland
10:16 AM on 02/28/2012
Yes, you are right, the U.S. Government should ask the Illegals home countries to ensure their citizens safe return home. There is a Congressman that spends all of his time and taxpayers money promoting another "Amnesty" for the 20 million Illegal Immigrants working in our country. The Illegals have better representation in the U.S. Congress than we do!

http://redwriteblue.over-blog.com/pages/congressman-luis-gutierrez-5032063.html
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Snake1994
Snakebite!
01:04 PM on 02/27/2012
And while we're at it, we should make sure everyone has to show proof of citizenship at the polls. Enough of this vote aqui stuff.
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Chango137
Emptiness is form, form is emptiness
02:24 PM on 02/27/2012
Fine. I'll show proof of my citizenship and vote for the Democratic candidate. Your worst nightmare is becoming true. Viva Obama!
HUFFPOST PUNDIT
hrpmap
Retired man still active..
04:30 PM on 02/27/2012
The democrats worst nightmare is comming true. Their future voters will not be there in the future, since the incomming president will drop the lawsuits against the states and no more will be filed.
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HUFFPOST SUPER USER
happyblackman
Gotta have more cowbell baby!
12:55 PM on 02/27/2012
Good article.
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Karissa36
Saving lost boys and fighting pirates.
12:54 PM on 02/27/2012
http://www.ncsl.org/issues-research/immig/state-immigration-legislation-report-dec-2011.aspx

In 2011 a number of additional States passed laws mandating the use of e-verify. As of now, 17 States require it. That is one third of the U.S. SCOTUS has already ruled that States may do so. The impact of these laws is only beginning to appear, but it is reasonable that it will lead to illegal immigrants moving to other States. It is also reasonable that more States will pass similar laws.

No matter what happens with SB1070, the use of e-verify alone has put significant power into the hands of the States to control illegal immigrants within their borders.
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Picosa
dedicated to FACTS & TRUTH
09:06 PM on 02/27/2012
Don't celebrate yet. E-verify expires in Sept. of this year.

Democrats wont vote for it unless it is included CIR- Comprehensive Immigration Reform.

When will E-Verify expire?
Sept. 30, 2012. IIRIRA required the termination of the pilot program after four years (allowing for a one-year implementation). It was extended for two years in 2002 and five more years in 2003 (until November 30, 2008). See the Basic Pilot Program Extension and Expansion Act of 2003, Public Law 108-156. Congress passed a continuing resolution extending budgets of certain federal agencies until March 2009, including E-Verify (HR 2638). Congress then passed the Omnibus Appropriations Act of 2009 in March, extending the budget of E-Verify until September 2009 (Public Law 111-8). Another three-year extension was approved in the Department of Homeland Security appropriations in October 2009, P.L. 111-83.
http://www.ncsl.org/issues-research/immig/e-verify-faq.aspx
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Karissa36
Saving lost boys and fighting pirates.
11:02 PM on 02/27/2012
It has been continuously extended for more than ten years, and you think THIS year it is not going to be extended? You are sadly out of touch with the current political climate. Opposition to illegal immigration is stronger now than it has been for a decade. E-verify is now available for use in all 50 States. They rarely expand a program that is slated for discontinuation.

https://www.numbersusa.com/content/

Go to this site to send a free fax to your Congressman on issues related to illegal immigration, including e-verify.
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HUFFPOST PUNDIT
spytheweb
Black Democrat
12:22 PM on 02/28/2012
"Arizona, which was the first state to pass a mandatory E-Verify law for all employers and had that law upheld by the Supreme Court in 2011, ranks No. 2 overall with E-Verify used at 83,462 sites. The top five states by use of participating worksites are, in order, California with 94,503 sites, Arizona with 83,462 sites, Georgia with 59,605 sites, Texas with 58,600 sites and New York with 53,807 sites."

http://www.numbersusa.com/content/news/february-13-2012/dhs-releases-new-data-e-verify-participation.html

"Rep. Don Manzullo (R-Ill.) has cosponsored Chairman Lamar Smith's Legal Workforce Act (H.R.2885) that would require 100% of businesses to use E-Verify within two years. The bill also requires all federal, state, and local governments to E-Verify their entire workforce."

http://www.numbersusa.com/content/news/december-19-2011/rep-don-manzullo-cosponsors-chairman-smiths-mandatory-e-verify-bill.html
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Karissa36
Saving lost boys and fighting pirates.
12:39 PM on 02/27/2012
http://www.ncsl.org/issues-research/immig/state-immigration-legislation-report-dec-2011.aspx

"Even if the Supreme Court was to rule that states can pass their own immigration laws, there is no guarantee that even half of the states in the country would do so."

All 50 States introduced legislation in 2011 to address illegal immigration. While a handful of these bills allowed illegal immigrants to attend State colleges at the resident tuition rate, the vast majority were detrimental to illegal immigrants. A very significant number of those bills were passed. Since every State that has passed a comprehensive law like Arizona's has been sued by the federal government, it is reasonable that other States have not yet done so. A favorable decision by SCOTUS on the Arizona law is likely to significantly change this.

There will certainly be sanctuary States. The question is how long these States will be able to afford an influx of illegal immigrants. If their economy improves as a result, as we often read here on Huff, it will be to their benefit. If sanctuary States see their economy plummet due to increased costs for education, medical care, social services, etc, they will rapidly pass their own comprehensive laws.
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HUFFPOST SUPER USER
orcinous
Close Guantanamo, pass a jobs bill, end the drones
02:27 PM on 02/27/2012
The economy gets better for those that own businesses, not the workers.
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inthedesert
Those who never question will fall for anything.
07:12 PM on 02/27/2012
This is very true about "sanctuary" cities and states. Once the taxpayers of these states see the actual costs for providing healthcare and education to the anchor spawn of illegals, things will change quite rapidly. A study by the Government Budget Office way back in 2008 stated very clearly that the costs to taxpayers for healthcare and schooling of illegals far, far surpasses what they pay in taxes. This article is easily found by the way on the internet. It was in a story on USAToday from I believe January 21, 2008.
12:28 PM on 02/27/2012
Good luck selling Obama on immigration. Most people are for control of borders, proper ID and e-verify for work, punishment of those who employ illegals, expanding and making legal immigration better and faster, and after all that a pathway for some to stay and become documented. You are just trying to scare Hispanics into voting for Obama in 2012, it may work with them but you will lose some in the middle.
04:37 PM on 02/27/2012
We need rubio to address the hispanics about these wolves in sheeps clothing.
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inthedesert
Those who never question will fall for anything.
07:15 PM on 02/27/2012
Yes..I think much of this is scare tactics on the part of the "mediaites" who are just shills for the illegals. I have no issue with legal immigrants who come here with skills other than picking tomatoes and who go through the long process of becoming an American citizen.
11:38 AM on 02/27/2012
If congress and its law-enforcement branches had vigorously enforced our nations immigration laws after the 1986 amnesty we would not be in the dire situation today. The only people claiming our immigration system is broken would be the foreign nationals on the other side of a highly effective wall.

America is tired of seeing the toll of uncontrolled population growth on its schools, hospitals and open lands. We are tired of our laws being disrespected and our children's future ruined by our government's failure to adequately stem the flow of undocumented aliens across our borders.
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inthedesert
Those who never question will fall for anything.
07:16 PM on 02/27/2012
TOTALLY FANNED!!
11:33 AM on 02/27/2012
We need lawmakers in our legislatures, whether federal or state, that have spent some time living life at ground level. There is no way for evenhanded, intelligent laws to be written, let alone passed, when the elite members have been raised and educated far above the crowd.