The Atlanta Journal-Constitution
Focusing on fate of Arizona’s law
Other states ready to jump on wagon. Illegal immigration get-tough crowd eager for court OK.
Emboldened by signals that the U.S. Supreme Court may uphold parts of Arizona’s immigration law, legislators and activists across the country say they are gearing up to push for similar get-tough measures in their states.
“We’re getting our national network ready to run with the ball, and saturate state legislatures with versions of the law,” said William Gheen, president of Americans for Legal Immigration. “We believe we can pass it in most states.”
That goal may be a stretch, but lawmakers in about a dozen states said in interviews that they were interested in proposing laws like Arizona’s if its key components are upheld by the Supreme Court. A ruling is expected in June on the Department of Justice’s appeal that the law conflicts with federal immigration policy.
Dan Stein, president of the Federation for American Immigration Reform, said he was encouraged that several justices suggested during last week’s oral arguments that they are ready to let Arizona enforce the most controversial part of its law: a requirement that police officers check the immigration status of people they suspect are in the country illegally. Another provision allows suspected illegal immigrants to be arrested without warrants.
“The justices sent a clear signal that there’s a huge zone for state action in this area,” Stein said. “There will be an enormous amount of energy spent in next few months examining the full range of possibilities.”
For starters, a ruling in favor of Arizona’s Senate Bill 1070 would likely enable Georgia, Alabama, Indiana, South Carolina and Utah to put move forward with comparable measures that were enacted but have been on hold pending the high court’s decision.
Among the leaders of the get-tough faction is Kansas Secretary of State Kris Kobach, a former law professor who helped write the Arizona and Alabama laws. Kobach said the Supreme Court arguments bolstered his view that the most controversial part of the Arizona law — the “show your papers” provision — would withstand a legal challenge.
If the Supreme Court upholds key parts of the law, “it will be a huge green light,” he said. “All of the other states will have a blueprint that they can copy.”
Lawmakers in such diverse states as Mississippi and Pennsylvania said they would be eager to follow the Arizona model.
“You look at poll after poll after poll, whether they’re a business owner or employee or small business owner or executive, the majority of Americans support bills like 1070,” said Pennsylvania Rep. Daryl Metcalfe, a Republican who chairs the House State Government Committee.
In Mississippi, a gettough immigration bill passed the House earlier this year but died in a Senate committee. Its backers plan to try again next year, and hope for a Supreme Court ruling that gives them guidance.
“This just ensures to the taxpayers of Mississippi that when we pass the law, we won’t end up in a long court battle,” said Republican Rep. Becky Currie.
In several states where neither party has a monopoly on power — Iowa, Colorado, Montana and Kentucky, among them — lawmakers said the fate of any hardline immigration bill likely will depend on the outcome of elections in November.
One of Kentucky’s leading critics of illegal immigration, Republican Rep. Stan Lee, said an Arizonastyle bill has little chance of overcoming staunch opposition from the Democratic majority in the House.
“Even if the Supreme Court upholds all or virtually all of that, I don’t expect to pursue any of that type of legislation unless there’s a significant change in the makeup of the House,” Lee said. “The votes, as I’ve discovered, just aren’t there.”
Stands on the issue don’t always follow predictable party lines. Republican Govs. Susana Martinez of New Mexico and Brian Sandoval of Nevada — both Hispanics — say Arizona-style laws aren’t needed in their states. Hispanics account for 46 percent of the population in New Mexico, the highest proportion of any state.
“Gov. Martinez fully believes that any policies addressing illegal immigration have to begin at the federal level,” said her spokesman, Greg Blair.
There are an estimated 11 million illegal immigrants in the United States. Of that total, roughly 6.1 million are from Mexico, down from nearly 7 million in 2007, according to a Pew Hispanic Center study released Monday. That decline has coincided with a cooling-off of the immigration debate in some states, such as Tennessee.
“It doesn’t seem to have the same numbers that were here a couple of years ago,” said state Sen. Bill Ketron, a Republican who has sponsored a number of bills targeting illegal immigrants.
Clarissa Martinez of the National Council of La Raza, a Hispanic civil rights and advocacy organization, predicted that most states — regardless of the Supreme Court’s decision — would stay away from Arizona-type laws out of self-interest.
“For most of them, the balance sheets do not add up,” she said, referring to the Alabama law that has created burdens for some businesses and caused farmers to complain about lack of workers to pick their crops.
Vermont, where a growing number of Hispanic migrants work in the dairy industry, is among a handful of states overtly welcoming immigrants regardless of their legal status. Last fall, Gov. Peter Shumlin urged po- lice to “look the other way” when the only legal problem might be an immigration violation.
“Vermont is the antithesis of Arizona,” said Rep. Suzi Wizowaty of Burlington, who has backed a bill to require police to follow such policies. “Our goal in Vermont is to be the kind of place that welcomes all kinds of people.”
The welcome mat is out in Alaska, also.
“We want more immigrants,” said Republican Rep. Paul Seaton. “There just aren’t people from here to do the work.”