Illegal Immigration Reform: Arizona Law and Federal Policy

Introduction

Illegal immigration has always been a controversial topic in the United States. While some people believe that every individual has a right to live a good life regardless of the country in which he or she is born, others argue that unchecked illegal immigration can cause serious social and economic problems. Legal immigration, by contrast, is an accepted part of American society — the country welcomes more than one million legal immigrants every year. These legal immigrants are believed to play a constructive role in the economy, which is why the U.S. attracts talented individuals from around the world.

Current Controversy

The current controversy centers on laws passed in Arizona and other states aimed at cracking down on illegal immigration. Whether such laws are necessary at all is the question troubling millions of Americans. As one survey reported: "It's a problem with no easy answers — and little consensus, our June poll shows. Nearly all responders (90%) say the government should beef up border security, but you are sharply divided on whether to offer illegal immigrants a path to citizenship. Thirty-nine percent would offer it, 39% would not, and 12% would create a guest worker program that stopped short of citizenship. Another 10% answered 'none of the above.'" (American School Board Journal, 2006, p. 11).

The crux of the issue lies in the meaning of the word "illegal." While Americans are generally open to accepting legal immigrants and integrating them into society, there is considerable negativism about illegal immigration. One reason is that society tends to look down upon and punish anyone engaged in illegal activities — smuggling, cheating, or violating established rules — with stringent consequences such as jail time and fines. The same mentality extends to illegal immigration, which is likely why many Americans do not view it as a legitimate path to citizenship.

There are many reasons attributed to the surge in illegal immigration in recent years. Increased violence in Mexico and the resulting insecurity and poverty have forced thousands of people to flee across the border in search of a better life for their children. Many of these individuals have little chance of entering the country legally because they are predominantly uneducated and are seen as adding limited economic value. As a result, they resort to illegal means of entry.

Others blame employers who hire undocumented workers for lower wages, arguing that these employers indirectly enable illegal immigrants to gain a foothold in the country. In keeping with a general opposition to slave labor and other exploitative forms of cheap labor, many Americans are uncomfortable with employers who hire undocumented workers. Such employers blur the distinction between illegal and legal immigrants, undermining the efforts of those who entered legally, pay taxes, and contribute significantly to the country's growth.

Another factor is the long-standing inefficiency of Congress in addressing this issue. As one commentator noted: "The last major revision of immigration laws was in 1986. What happened to those provisions? Why were they never enforced or followed up on? Congress, and both Democratic and Republican administrations, should be ashamed at what they have created because of their own negligence." (American School Board Journal, August 2006, p. 12). All of these factors have contributed to the rise in illegal immigration, placing significant strain on society and the economy.

Arizona's SB 1070 Law

Arizona's SB 1070 has been at the center of this raging debate. "The law, known locally as SB 1070, was aimed at discouraging illegal immigrants from entering or remaining in the state. It coincided with economic anxiety and followed a number of high-profile crimes attributed to illegal immigrants and smuggling, though federal data suggest that crime is falling in Arizona, as it is nationally, despite a surge of immigration." (New York Times, July 29, 2010).

Under this law, police officers were empowered to crack down on illegal immigrants in several ways. They were given the authority to detain any person living without authorization and require that individual to prove his or her visa status. The law also made it a crime to fail to carry immigration papers at all times. Furthermore, any member of the public could sue government institutions if they believed these laws were being violated or not properly enforced.

Many viewed the law as an expression of frustration at the Federal Government's inability to produce an effective solution. Arizona, as a border state, has been heavily affected by the influx of illegal immigrants. During a period of economic difficulty, this influx has compounded existing problems. With few employment opportunities, illegal immigrants may turn to criminal activity, and the law was intended to prevent such outcomes before they occurred.

The downside of the law is that it empowers police officers to stop virtually any Hispanic-presenting individual, making life difficult even for those who entered the country legally and hold lawful status.

The law nonetheless garnered significant public support. According to a poll conducted by NumbersUSA, more than 70% of Arizona voters supported the bill and only 23% opposed it. While 53% expressed concern that it could lead to racial profiling, 46% said that concern did not outweigh the benefit of making the state safer (NumbersUSA, 2010). This strong majority of supporters reflected widespread anxiety about drug violence spilling across the border and the rise in human kidnappings associated with drug trafficking (Davidson, April 24, 2010).

On the other side, President Barack Obama condemned the bill and expressed support for offering amnesty and a path to citizenship for the country's illegal immigrants. Many civil rights groups argued that the law would lead to racial profiling and civil rights abuses. Some opponents filed a lawsuit against the law, and a federal judge blocked several of its most stringent provisions, particularly those related to police enforcement powers.

Beyond the civil and ethical implications, a key question was whether a state even had the legal authority to pass such a law. According to the New York Times (April 2010), SB 1070 was largely a re-enactment of existing federal law. Chapter 8, Sections 1304 and 1306 of the United States Code clearly state that aliens must carry all documents related to their legal presence, including the date of entry, the nature of their activities, the expected duration of their stay, and any police or criminal record. Failure to carry these documents is already a federal crime; Arizona simply made it a state crime as well. A Supreme Court ruling from 1974 also affirmed that states may enact laws discouraging illegal immigration, provided those laws do not conflict with federal statutes. On those grounds, SB 1070 was determined to be within the state's established legal authority.

From the perspective of residents in Phoenix, the bill was essential to address a serious public safety crisis. As reported in the New York Times (April 2010): "Arizona is the ground zero of illegal immigration. Phoenix is the hub of human smuggling and the kidnapping capital of America, with more than 240 incidents reported in 2008. It's no surprise that Arizona's police associations favored the bill, along with 70% of Arizonans."

Conclusion

Illegal immigration remains a major and seemingly endless debate in the United States. "Immigrant advocates say it is not fair to expel illegal immigrant families who have been in the country for a decade or more working hard, staying out of trouble, and bringing up children who know only life in the United States. Still, other Americans insist deportation is the proper punishment for people who break immigration law." (Mason Crest, 2007, p. 13).

Unfortunately, the ongoing economic crisis has left millions of Americans without jobs, and continued illegal immigration threatens to place further strain on an already stressed economy. This economic pressure inevitably spills over into society, potentially contributing to rising crime and other social problems. The Federal Government must therefore take decisive steps to secure the American-Mexican border and prevent further unauthorized entries, while also working toward a fair, comprehensive, and enforceable immigration policy that reflects both the rule of law and the humanitarian values the United States has long sought to uphold.