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By Marion Edwyn Harrison, Esq.
March 13, 2008
As recently as February 4, 2008, this column reported upon the well intentioned, if of limited functional value, efforts of the City of Virginia Beach to control unlawful immigration - column following. As Congress continues in essence to duck the issue of unlawful immigration, two phenomena are worthy of some attention.
One is the effort of the State of Arizona, inundated with Latino or Hispanic, mostly Mexican, immigrants, both lawful and unlawful. Arizona, far more than Virginia Beach, is implementing a wide version of experimentation. It exemplifies what States of the Unions, consistent with our federalist Constitution, are capable of attempting (however much the federalist aspect may be overlooked or usurped by the Federal Government).
In 2004 Arizona discontinued aid to unlawful immigrants unless that aid was required by the Federal Government (as the Feds slip in requirements, often extraneous, in appropriations and other laws). In 2006 Arizona denied bail to unlawful immigrants charged with certain felonies; denied award of civil-litigation punitive damages under certain circumstances to unlawful immigrants; mandated English as the language of all official State action; and denied certain State child-care and educational assistance to unlawful immigrants. In 2007 Arizona granted local prosecutors authority to suspend or revoke the license of an employer which knowingly hires an unlawful immigrant. The current year began with further attempts, to proscribe rentals to unlawful immigrants and (legally dubious) to deny United States citizenship to a child born to unlawful immigrants.
The fully apparent consequences of some of the foregoing remain to be seen. At least initially some employers are losing employees and a large number, if perhaps not a sweeping percentage, of unlawful residents are moving to other States, some returning to Mexico.
More than anything else, the Arizona effort reflects the effort of a State of the Union to save itself from massive unlawful immigration in the absence of sweepingly effective Federal action to do so.
Meantime the Department of Homeland Security, agencies of which exercise Federal immigration administrative authority, has been increasing deportation of unlawful immigrants. During Fiscal Year 2007 (October 1, 2006 - September 30, 2007) the agency called U. S. Immigration and Customs Enforcement (whether or not a compliment, sometimes called “ICE”) commenced 164,000 deportation proceedings, up from 64,000 in FY 2006, with a goal of 200,000 for FY 2008.
Not surprisingly, both administrative and Federal judicial dockets are jammed.
In view of the millions of unlawful immigrants in this country and the (reduced but yet substantial) number continuing to enter, it remains clear that major and meaningful Federal legislation is necessary. Any such legislation must take into account that which realistically is achievable. However, at this point in time one need not try to figure that out. The likelihood, stronger daily, remains that there will be no new national law on the subject in the present (110th) election-dominated Congress.
Marion Edwyn Harrison is President of, and Counsel to, the Free Congress Foundation
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