Legalization

By Roxanne Lynn Doty

Over the period from 2005 to 2007, I researched the anti-immigrant movement. As I spoke with immigration restrictionists and observed their patrols and anti-immigrant rallies, I was often haunted by the question, “Are these people to be taken seriously?”  At times it was hard to fathom that they amounted to anything more than a disgruntled fringe element of a society experiencing complex transformations in an increasingly interconnected world. I witnessed much hyperbole and many “colorful” characters, but at times questioned their potential broader impact.Read more...

Published On: Fri, Jun 04, 2010 | Download File

By Jeffrey Kaye

The intent of Arizona’s SB 1070, the “Support Our Law Enforcement and Safe Neighborhoods Act,” is to chase illegal immigrants out of the state. Or, as the new law puts it more formally: “to make attrition through enforcement the public policy of all state and local government agencies in Arizona.” The stern new law quickly made Arizona the target of international news headlines, boycotts, demonstrations, and lawsuits—most recently by the ACLU and a coalition of civil rights groups. While the spotlight has been on Arizona, however, copycat legislation has been brewing in at least 16 other states, supported to one extent or another by two organizations that have made a cause of providing legal and political assistance to lawmakers similarly intent on “attrition through enforcement.”

The two groups, which work together, are the Washington, D.C.-based Immigration Reform Law Institute (IRLI), an affiliate of the Federation for American Immigration Reform (FAIR) and the lesser-known State Legislators for Legal Immigration. IRLI lawyer Kris W. Kobach, who was a chief adviser on immigration issues to Attorney General John Ashcroft following the attacks of 9/11, has consulted with lawmakers around the country, helping frame and defend state and local legislation targeting illegal immigrants. (At the Justice Department, Kobach engineered a controversial program that aimed to register visitors from certain Muslim countries).Read more...

Published On: Fri, May 21, 2010 | Download File

UPDATED 05/26/10 - Arizona’s controversial new immigration law (SB 1070) is the latest in a long line of efforts to regulate immigration at the state level. While the Grand Canyon State’s foray into immigration law is one of the most extreme and punitive, other states have also attempted to enforce federal law through state-specific measures and sanctions. Oklahoma and Georgia have passed measures, with mixed constitutional results, aimed at cracking down on illegal immigration through state enforcement. Legislators in 45 states introduced 1,180 bills and resolutions[i] in the first quarter of 2010 alone, compared to 570 in all of 2006. Not all state legislation relating to immigration is punitive—much of it falls within traditional state jurisdiction, such as legislation that attempts to improve high school graduation rates among immigrants or funds. The leap into federal enforcement, however, represents a disturbing trend fueled by the lack of comprehensive immigration reform at the federal level. 

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Published On: Thu, May 06, 2010 | Download File

Updated 06/22/10

Supporters of Arizona’s harsh new immigration law claim that it is, in part, a crime-fighting measure.  For instance, the bill’s author, Republican State Senator Russell Pearce of Mesa, confidently predicts that the law—which requires police to investigate the immigration status of anyone who appears to be unauthorized—will result in “less crime” and “safer neighborhoods.”  However, Sen. Pearce overlooks two salient points: crime rates have already been falling in Arizona for years despite the presence of unauthorized immigrants, and a century’s worth of research has demonstrated that immigrants are less likely to commit crimes or be behind bars than the native-born.  While much has been made about kidnappings in Arizona, law-enforcement officials indicate that most of these involve drug smugglers and human smugglers, as well as smuggled immigrants themselves—not the general population of the state.  Combating crime related to human smuggling requires more trust between immigrants and the police, not less.  Yet the undermining of trust between police and the community is precisely what Arizona’s new law accomplishes.  In the final analysis, immigration policy is not an effective means of addressing crime because the vast majority of immigrants are not criminals.

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Published On: Wed, Apr 28, 2010 | Download File