State and Local
Supreme Court to Hear Two Cases Affecting Immigrants, Including a Case Challenging a Recent Anti-Immigrant Law
This week, the United States Supreme Court opened its October session. Among the cases it will hear is a challenge to a state law that sanctions employers for hiring unauthorized workers. This is the first case challenging the recent influx of state and local laws attempting to regulate immigrants and immigration and an opportunity for the Supreme Court to assert the federal government’s constitutional right to set immigration law. In the second immigration case, the Supreme Court must decide whether former citizenship law provisions—which imposed a five-year residency requirement for U.S. citizen fathers, but not mothers—violate equal protection. Read More
Utah Leaders Balk at Arizona-esque Immigration Enforcement Bill
With midterm election campaigning well underway, some local candidates are lifting up state and local immigration enforcement legislation as a means to garner public support. Unfortunately, as is often the case when politics meets reality, not everyone is on board with local enforcement laws like Arizona’s SB1070—key provisions of which were enjoined by a federal district judge in late July. Over the last few months, state leaders in Ohio, Idaho, Nebraska and Houston have either heavily edited or voted not to pursue state immigration measures, citing costly lawsuits, court battles and the dubious constitutionality of such laws. This month, state leaders in Utah are also balking at an immigration measure modeled on the controversial Arizona law. Read More
House Republicans Pledge More of the Same on Immigration
It was a week of broken dreams and empty promises for immigration reform. The failure of the Senate to take up the DREAM Act illustrated once again that good policy isn't enough to make legislation work. And over on the House side, GOP members unveiled their “Pledge to America,” a pledge that promises, among other things, more of the same deportation-driven strategies for resolving our immigration crisis. Although the public appears to have an insatiable appetite for talking tough on illegal immigration, if cable shows and Tea Party candidates are your measure of the public taste, catering to the worst of the public's instincts is not a strategy for the long run. Read More
With Recess Over, Where Does Immigration Fall on the Congressional To Do List?
Congress returns on September 13 for one last round of legislating before the November elections. It is a short work period (four weeks) and the prospects for getting things done are, particularly in this gridlocked Congress, not great. Congress watchers predict that the emphasis will be on jobs and the economy, which is not surprising given that this is what’s on voters’ minds. But where does immigration fit into this framework? Read More
Federal Appeals Court Strikes Down Hazleton, Pennsylvania’s Immigration Enforcement Laws
Today, the 3rd U.S. Circuit Court of Appeals ruled that Hazleton, Pennsylvania may not enforce its immigration enforcement laws, which sought to deny business permits to companies who hire undocumented immigrants, fine landlords who rent to the undocumented and require prospective tenants to register with City Hall. The laws, which were never enforced, were previously struck down by a federal judge in 2007 and were again found to conflict with the federal government’s “exclusive power to regulate immigration.” Read More
Yet Another City Gives Local Immigration Enforcement Proposals a Thumbs Down
This week, city leaders in the Houston suburb of Tomball, Texas, joined a host of other local leaders when they voted not to pursue harsh immigration enforcement measures at a city council meeting. Council members cited costly lawsuits while city residents expressed fear of being branded unwelcoming and “racist.” The ordinances under consideration would have banned undocumented immigrants from renting property or owning businesses and would have made English Tomball’s official language. The council also voted to continue running a day labor site and tabled a mandate banning companies awarded city contracts from hiring undocumented workers. Read More
All Mirth and No Matter: Arizona Governor Jan Brewer Showcases Empty Anti-Immigrant Rhetoric in Gubernatorial Debate
In a memorable performance this week, Arizona Governor Jan Brewer refused to defend previously made anti-immigrant statements regarding undocumented immigrants and beheadings during a gubernatorial debate with Attorney General and Democratic candidate, Terry Goddard. While Governor Brewer’s opening remarks meltdown is at least understandable, her inability/refusal to… Read More
DOJ Sues Arizona Sheriff Joe Arpaio for Failure to Cooperate in Federal Investigation
Today, the Department of Justice filed suit against Maricopa County Sheriff Joe Arpaio for his refusal to hand over documents in an ongoing federal investigation into allegations of discriminatory practices based on a person’s national origin (racial profiling) and unconstitutional searches and seizures. According to the Arizona Republic, “the lawsuit comes after weeks of back-and-forth letters between the agencies, threats to strip the county of federal funding, and a meeting in Washington last week among attorneys to discuss the investigation.” Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, called Sheriff Arpaio's actions “unprecedented” and is “unaware of any other police department or sheriff’s office that has refused to cooperate in the last 30 years.” Read More
Back to the Border: A Historical Comparison of U.S. Border Politics
By Katherine Benton-Cohen and Geraldo Cadava During the spring and summer of 2010, America’s broken immigration system erupted into national news headlines as a result of the passage in Arizona of a sweeping anti-immigrant law (SB 1070), growing concerns over drug-related violence along the U.S.-Mexico border, and calls in some quarters for a repeal of the Fourteenth Amendment’s guarantee of birthright citizenship. While these events might seem new, the issues involved—unauthorized migration, labor disputes, violence, federalism, and constitutional rights—have played out over and over again, particularly along the border. Back to the Border provides analyses by two historians who situate today’s controversies within the context of the broader history of the border region. Understanding that history not only allows us to make sense of the complex issues behind the current rhetoric, but also demonstrates why it is necessary to go beyond the rhetoric and search for lasting solutions. The following “Perspectives” by historians Katherine Benton-Cohen and Geraldo Cadava compare and contrast conditions and incidents along the Arizona border in 1917, 1976, and 2010. The similarities between the three eras are startling. Read More
States Pushing Anti-Immigration Legislation Forced to Run Costly Damage Control
Although anti-immigrant campaign platforms might help win a primary in a state like Arizona, supporters of harsh immigrant enforcement measures must still address the resulting economic fall out. Last week, the Arizona Governor’s Task Force on Tourism and Economic Vitality hired HMA Public Relations, a Phoenix-based marketing communications and public relations firm, to the tune of $100,000 to “develop a series of needs and goals for Arizona tourism in light of the controversy created by SB 1070”—and, boy, do they have their work cut out for them. Similarly, cities like Fremont, Nebraska—where an anti-immigrant ordinance passed in June—are also being forced to run damage control. Fremont’s City Council is currently considering a property tax increase proposal to help shoulder the projected legal fees resulting from the city's restrictive immigration ordinance. Read More
America's story is an immigrant story.
