Illegal immigration is a problem, or so we’re told. And if you accept the premise that we need to keep everyone without official permission to be here out of the country, then it certainly poses practical problems. Most illegal immigrants come here for the chance to escape grinding poverty, and as long as there are poor countries, countering the pressure that makes them come is about as difficult for lawmakers as repealing the law of gravity.
And with thousands of miles of border to guard, and all the evidence we need that people will walk miles through burning deserts and cross the open ocean in bathtubs to find a better life for themselves and their families, managing to keep them out doesn’t seem the most practical of propositions, either.
But here’s the good news. We don’t need to. Earning a living is exactly what they do, albeit in the “cash” or “black” economy, which often means working long hours under brutal conditions. And even under those conditions, many of them manage to support families, send their children to school, and produce subsequent generations who are fully part of the society around them and barely distinguishable from the native-born. Imagine what people that motivated could do on a level field.
Looked at that way, the pathologies of illegal immigration are less the product of the immigrants, but of the illegality we decide it is. Perhaps we would be better served to simply open the border, and get out of the way?
There is no doubt that S.B. 1070 has struck fear in the hearts of all illegal and most legal immigrants in the U.S. Those who are there illegally in Arizona face strict penalties and those who are there legally face the strong possibility of racial discrimination. With regard to this, many Latinos have started leaving the country in droves. Unfortunately for them they seem to be caught between a rock and a hard place over that decision. According to laws that were brought in by President Obama’s administration before the implementation of the controversial Arizona law, those crossing back over the border can be prosecuted for their undocumented status. This leaves the illegal immigrants in state of damned if you do and damned if you don’t. According to the regulations, those crossing the border either way have to have their photographs taken and as well be fingerprinted. If at that point they are discovered to have been in the country illegally, committed crimes etc., they can arrested. Authorities say that the law is not meant to harass people but rather to capture criminal elements. They say that several million dollars in cash and several thousand rounds of ammunition have been seized from those fleeing the country. However, those critical of the regulations say that if the illegal immigrants want to go, then they should be allowed go. They also point out that holding them will only add to the overburdened prisons in the country. Even the Conservatives have joined in the criticism and said the regulations were counterproductive in this instance.
Based on a Field Poll which was released on July 16, 2010, approximately 49% of Californians approved the controversial immigration law of Arizona wherein it makes illegal immigration a crime against the state. This said law allows the police and other officials of the Grand Canyon to question the immigration status of certain individuals on grounds of “reasonable suspicion”. The results of the said poll again divided the Californian people which resulted into a 49% to 45% approve – disapprove vote.
The politics professor of University of San Francisco, Corey Cook stated that the views of the Californians regarding the immigration law of Arizona will have a small impact on both races, stating that the real issue is as to how the questioned citizens will handle the queries about the said immigration issues. A gubernatorial candidate for the Republicans named Whitman has made some appeals to Latin voters, stating that she is not agreeable with the law. She even published some bilingual newspapers to compare her similarities. The gubernatorial candidate of the Democrats Brown, is also not in favor of the immigration law.Some of the cities of California also are not in favor of the law, and they even banned their residents from going to Arizona. D-Sacramento and Senate President Pro Tem Darrell Steinberg also agreed to boycott Arizona, among others.The survey was done in June 22 up to July 5, which was decided by 1,390 voters in California. Officials also claim that the said poll has a plus or minus percentage points of 2.8% margin of error.
The continuing complications faced by the Arizona law took another twist, when two police officers filed suits against it.The first lawsuit has been filed by Officer David Salgado, who has served in the Phoenix PD for the last 19 years. He alleges that the law puts him in a very difficult situation which could impact his career badly. According to him, he could be sued by residents for enforcing the law as it requires him to engage in racial profiling. Conversely, he can be sued by residents if he fails to enforce the law as it is part of his job. It appears that Salgado is stuck between the Devil and the deep blue sea, with no escape in sight.The second lawsuit has been filed by Office Martin Escobar. His problem with the new law is that, it will interfere with his duties in severely detrimental way. The Officer’s regular duties involve patrolling a heavily Hispanic populated area of Tucson. He relies on the information he gathers from people there to help in his investigations. Escobar claims that if he enforces the new law, he would lose out on the trust he has built up over the years. As a result, he says, solving crimes will take a huge hit.Bot officers have valid points, but it appears that their claims will take a backseat to the battle that is brewing with the Department of Justice. The suit filed by the DoJ is scheduled to be heard next week.
Now that the Obama Administration has filed a lawsuit against the State of Arizona, many interested parties will be watching the outcome of it. The grounds on which the Department of Justice is suing Arizona is what will set the tone for many other states. The DoJ is basically telling Arizona “Let the federal government do its job, don’t take matters into your hands”.
Unfortunately for Arizona, it appears that the federal government has failed to do its duty. Illegal immigrants are found in numerous numbers within the state. Crime has escalated to never before seen levels and Mexican drug lords and gang members walk in and out of the state like it was their backyard. So it is understandable that they needed to do something to fix the problem rather than wait for the long promised immigration system overhaul. The unfortunate by product of the law is the way it is implemented. The implementation is what has really led to fears of racial profiling, human rights abuses, harassment, etc.
This is why the DoJ is trying to battle the state in courts. Three states are watching the outcome very closely as they are ready to implement an Arizona like law within their own legal systems. Utah, South Carolina and Oklahoma also have incessant issues with illegal immigrants and have been constantly fighting fires with modifications to their laws. They are part of a larger group of 17 states that have been considering action against illegal immigrant. However, most of the 17 are not expected to go through any further than the speculation stage. It is these three that will bear watching, whichever way the Arizona lawsuit goes.
Arizona has been the target of a lot of hate due to what is represented by the alphanumeric sequence of SB 1070. That sequence is the infamous Arizona law that targets illegal immigrants.The state is already facing numerous lawsuits against the law and attorneys in the state are concerned. They fear that not only will the number of those lawsuits increase, but that others will soon start to pile up. The problem with that happening is that it will only add to the long backlog of cases the system is already trying to cope with.
The main problem is expected to come from the line in the law that states what a police officer must do. In simple terms, during the questioning process of suspected criminals, police officers are entitled to ask them about their immigration status. While the good side of this is evident, the bad side is almost too obvious to ignore. The number of cases of rights violations alone could clog up the legal system in the state. It is so evident that there are reports of vast numbers of Hispanics exiting the state in droves. It is presumed that legal and illegal immigrants are in this exodus. Both parties fear the law for different reasons.
What makes it worse is the fact that lawsuits could filed for an officer failing to inquire about the immigration status of the suspect. This stems from the same infamous law which states that anyone can demand Supreme Court action against an officer or agency for not enforcing the law properly.It seems to be a case of damned if you do and damned if you don’t for police officers.