Political Battle
on Illegal Immigration Shifts to States
Published: December 31, 2010 - New York Times
Legislative leaders in at least half a dozen states say they will propose
bills similar to a controversial law to fight illegal immigration
that was adopted by Arizona last spring, even though a federal court has
suspended central provisions of that statute.
The efforts, led by Republicans, are part of a wave of state measures coming
this year aimed at cracking down on illegal immigration.
Legislators have also announced measures to limit access to public colleges
and other benefits for illegal immigrants and to punish employers who hire them.
Next week, at least five states plan to begin an unusual coordinated effort
to cancel automatic United States citizenship for children born in this country
to illegal immigrant parents.
Opponents say that effort would be unconstitutional, arguing that the power
to grant citizenship resides with the federal government, not with the states.
Still, the chances of passing many of these measures appear better than at any
time since 2006, when many states, frustrated with inaction in Washington, began
proposing initiatives to curb illegal immigration.
Republicans gained more than 690 seats in state legislatures nationwide in
the November midterms, winning their strongest representation at the state level
in more than 80 years.
Few people expect movement on immigration issues when Congress reconvenes
next week in a divided Washington. Republicans, who will control the House of
Representatives, do not support an overhaul of immigration laws that President
Obama has promised to continue to push. State lawmakers say it has fallen to
them to act.
“The federal government’s failure to enforce our border has functionally
turned every state into a border state,” said Randy Terrill, a Republican
representative in Oklahoma who has led the drive for anti-illegal immigration
laws there. “This is federalism in action,” he said. “The states are stepping in
and filling the void left by the federal government.”
But the proposals have already drawn opposition from some business groups.
And they are forcing strategic soul-searching within the Republican
Party nationwide, with a rising populist base on one side demanding tough
immigration measures, and, on the other side, traditional Republican supporters
in business and a fast-growing Latino electorate strongly opposing those
measures.
In Utah, a state dominated by Republicans, leaders from business, law
enforcement, several churches and the Latino community sought to bridge the
divide by joining together in November in a compact urging moderation on
immigration issues.
Some of the more contentious measures may not go into effect immediately,
including Arizona-style bills and those intended to eliminate birthright
citizenship for American-born children of illegal immigrants. Latino and
immigrant advocate legal organizations are gearing up for a host of court
challenges.
Among the states expected to introduce bills similar to Arizona’s are
Georgia, Mississippi, Nebraska, Oklahoma, Pennsylvania and South Carolina.
The Arizona law authorized the state and local police to ask about the
immigration status of anyone they detained for other reasons, if they had a
“reasonable suspicion” that the person was an illegal immigrant.
Acting on a lawsuit filed by the Obama administration, a federal judge stayed
central provisions of the law. In November, the United States Court of Appeals
for the Ninth Circuit heard arguments on an appeal of that stay by Arizona.
“States will push ahead regardless of the Ninth Circuit,” said Kris
Kobach, a law professor and politician from Kansas who helped many states
devise immigration laws — including Arizona’s. “A lot of people recognize that
the district judge’s decision is very much open to dispute.”
In Oklahoma, where Republicans won big majorities in both houses of the
Legislature and the governor’s office, Mr. Terrill said he would introduce a
bill he called “Arizona plus.” In addition to the terms of Arizona’s law, it
would allow for the seizure of vehicles and property used to transport or harbor
illegal immigrants.
In Georgia, an all-Republican commission of legislators plans to propose
measures to enhance enforcement of tough laws already on the books. Georgia will
also consider a bill to bar illegal immigrant students from all public
universities.
The newly elected governor, Nathan
Deal, a Republican, is expected to sign those bills. But the Georgia Farm
Bureau, which represents the state’s powerful growers, voted to oppose any
measures that would affect immigrant farm workers, most of whom do not have
legal status.
In Kansas, Republicans won big majorities in both legislative houses and Sam
Brownback, who just retired as a United States senator, was elected
governor. Mr. Kobach, the law professor, was elected secretary of state after a
campaign in which he vowed to pass a law requiring proof of citizenship for
voters.
But the Kansas Chamber of Commerce has voiced its opposition, and Mr.
Brownback has said he will focus on reducing unemployment.
The newest initiative is a joint effort among lawmakers from states including
Arizona, Oklahoma, Missouri and Pennsylvania to pass laws based on a single
model that would deny American citizenship to children born in those states to
illegal immigrants. The legislators were to announce the campaign in Washington
on Wednesday.
A leader of that effort is Daryl Metcalfe, a Republican state representative
from Pennsylvania. At a recent news conference, Mr. Metcalfe said his goal was
to eliminate “an anchor baby status, in which an illegal alien invader comes
into our country and has a child on our soil that is granted citizenship
automatically.”
The campaign is certain to run into legal obstacles. Courts have interpreted
the 14th Amendment as guaranteeing birthright citizenship. Even among those who
seek its repeal, debate has hinged on whether that would require a
constitutional amendment, an act of Congress or a decision by the Supreme
Court.
Some Republicans argue that the party is risking losing its appeal to Latino
voters, the fastest-growing minority voter bloc.
“The Republican Party is divided between those who see that Hispanics are an
essential constituency going forward, and those who don’t see that,” said Tamar
Jacoby, a Republican who is the president of ImmigrationWorks USA, a business
coalition that supports legalization for illegal immigrants.
Latino and immigrant advocate groups are resigned to being on the defensive
for the next two years. “These laws are creating resentment within the Latino
community that is going to last for decades,” said Tony Yapias, director of Proyecto Latino de Utah in Salt
Lake City, an immigrant advocacy group.