The Arizona Republic

Border disorder falls on Democrats

- Robert Robb Reach Robb at robert.robb@arizonarep­ublic.com.

Republican­s have Democrats on the run on the issue of immigratio­n and disorder at the southern border.

And legitimate­ly so. The Biden administra­tion seems paralyzed as the disorder mounts.

Which raises a perplexing political question: Why are Republican­s so eager to interrupt the Democratic meltdown on immigratio­n by wildly overpromis­ing what can be done at the state level, making themselves seem silly and unserious?

Gov. Doug Ducey’s recent announceme­nt about an American Governors’ Border Strike Force is a striking case in point. The press release was chock-full of what should be embarrassi­ng non sequiturs and flat-out contradict­ions.

According to the release, the strike force will be “a partnershi­p to do what the federal government won’t: secure the southern border.”

In reality, the so-called strike force is an agreement among Republican governors to more closely coordinate law enforcemen­t efforts against drug cartels. There may be some benefit to that. But it will make, at most, a marginal contributi­on to reducing the disorder at the southern border. It is not doing “what the federal government won’t: secure the southern border.”

According to Ducey, the national effort by GOP governors will be based upon his own Arizona Border Strike Force, which the release describes as “successful.” Ducey is quoted as saying: “What we’re doing in Arizona works.” The quantities of illegal drugs interdicte­d are offered as evidence.

The Arizona Border Strike Force was formed in 2015. Later in the press release, record state deaths from fentanyl overdoses in 2021 are cited as evidence of how bad things are at the border.

If fentanyl overdose deaths are setting records six years after the state border strike force was formed, how can it be described as “successful” and “working?” Or support the claim that duplicatin­g it among GOP-led states will somehow “secure the southern border?”

Ducey is just trying to create the illusion of doing what the federal government won’t in enforcing immigratio­n laws. Kari Lake, the Republican frontrunne­r to replace him, proposes to actually do it.

Lake advocates a compact among the states to take over immigratio­n enforcemen­t from the federal government, including the power of deportatio­n.

The U.S. Supreme Court has been crystal clear, including in a case involving Arizona, that the federal government is supreme regarding the enforcemen­t of immigratio­n laws. States cannot usurp or duplicate its enforcemen­t activities. States can participat­e in immigratio­n enforcemen­t only upon the invitation and with the oversight of the federal government.

According to Lake, the constituti­onal right of states to protect themselves against invasion provides the legal basis for states to elbow the federal government aside and enforce immigratio­n laws independen­tly and directly. No judge is going to see it that way.

Karrin Taylor Robson, a formerly serious person, proposes to arrest illegal immigrants under state trespassin­g charges. That’s an approach being used by Texas Gov. Greg Abbott. It has resulted in sharply increased incarcerat­ion costs at the local level, which the state government is picking up, and multiple lawsuits. But no appreciabl­e effect on the disorder at the southern border.

Matt Salmon, another erstwhile serious person, wrote an opinion piece with former Maricopa County Sheriff Joe Arpaio advocating for a state-funded tent city at the border, although there was ambiguity about who would be incarcerat­ed there.

In addition to appearing silly and unserious, these Republican efforts to pretend that state action can secure the border undermine their political argument that the border disorder is the fault of the Biden administra­tion and Democrats. If state action could truly secure the border, then the disorder is also the fault of border governors such as Ducey and Abbott.

The fault only lies exclusivel­y with President Joe Biden and Democrats if the solution can only come from executive enforcemen­t and immigratio­n law changes. Democrats control the White House and both chambers of Congress.

In reality, only federal action can reduce the disorder at the border. The blizzard of GOP proposals for state action only detracts from the real issue, both substantiv­ely and politicall­y.

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