May Day's Immigration Fireworks

by John M. Curtis
(310) 204-8700

Copyright May 1 2010
All Rights Reserved.                                

               When Republican Arizona Gov. Jan Brewer signed April 23 the nation’s toughest immigration bill into law, it started a national seizure set to erupt on May Day, a traditional workers’ day of protest.  Brewer signed into law a bill sponsored by Arizona State Rep. Russell Pearce that gave law enforcement permission to arrest anyone suspected of violating federal immigration laws.  “We in Arizona have been more than patient waiting for Washington to act,” said Brewer, admitting that her state opted to usurp the federal government’s immigration authority.  “But decades of inaction and misguided policy have created a dangerous and unacceptable situation,” referring to the possible murder of rancher Robert Krentz by an illegal alien.  While everyone sympathizes with tragic crimes, Arizona has sufficient criminal laws to deal with outlaws, regardless of immigration status.

            May Day promises a strong backlash against the symbolic harshness or mean spirit that runs counter to the world’s most hospitable magnet and refuge for immigrants.  Whatever problems with the nation’s immigration laws or border enforcement, no state can take immigration matters into its own hands.  Arizona can’t independently make it a crime to be in the United States illegally, precisely because it’s the jurisdiction of the federal government.  Calling the law “misguided,” President Barack Obama hinted that he would authorize Atty. Gen. Eric Holder Jr. to challenge the Arizona law, primarily on ground that it usurps the federal government.  While acknowledging Arizona’s frustration, Barack correctly anticipated the painful emotional backlash of the nation’s large Latino population, still struggling, like blacks, for equal rights and opportunity under the law.

            Latinos are by far the fastest growing minority and source of immigration in the United States.  Long gone are the days when Great Britain, Ireland and Europe provided the immigrant populations that served the most extensive multicultural experiment in human history.  Founded on hospitality and opportunity for immigrants, the U.S. expressed God-given protections in its most sacred documents, including the Constitution and Declaration of Independence.  Settlers to the New World braved harsh condition and hostile native populations, pushing Westward to the Pacific, eventually expanding U.S. territory fighting a bitter war [1846-1848] with Mexico only 80 short years after singing the Declaration of Independence from Britain’s King George.  Mexican and Latin American populations have struggled, like other minorities, for equal rights, acceptance and opportunity.

            May Day’s protests around the country, but especially in the western states, highlight the long struggle of Hispanics toward equal opportunity.  Whether admitted to or not, they’re an integrated, inseparable force in today’s American society.  Arizona’s harsh immigration law, whatever the amendments, not only violates the specifics of federal immigration law, it decimates the promise and spirit of tolerance for the nation’s multicultural immigrants.  More than any other immigrant group, no one in today’s America works harder or plays a more vital role in virtually every service and manufacturing industry than Latinos. Arizona’s law slaps a proud hardworking minority in the face, doing so much to advance the economic and social promise of the United States.  Critics of the Arizona law are not “against law enforcement, our citizens and the rule of law,” quoting law’s author.

            Critics of the Law are against its anti-American spirit that recognizes the many problems in today’s society, including illegal immigration, but accepts the fixes don’t come easily, nor should they single out any one group.  After several failed attempts at immigration reform, the Congress, not individual states, must get back to the drawing board to fix the problem.  “People from all over the country are making their way to Phoenix to stand up with and stand up for immigrants and Latinos in the state,” said Rep. Luis Gutierrez (D-Ill.), a member of the Congressional Hispanic Caucus.  Whether the federal courts eventually toss the new law or not, civil rights groups see real problems with the 14th amendment’s equal protection clause.  Problems with “racial profiling” are only one minor problem with a state law that makes it illegal to not show federal proof of immigration status.

            Arizona officials point to the overwhelming support, around 70%, for the state’s controversial new law.  What Arizona elected officials and voters don’t get is that mob rule, no matter how well justified, can’t trample on a minority’s rights.  Federalism is designed specifically to avoid the kind of statewide or regional issues that could prompt discriminatory laws and actions that run afoul with the U.S. Constitution.  May Day protests should highlight national opposition to singling out one minority group, no matter what the violations of U.S. immigration law.  Arizona’s well-intentioned legislature and governor can’t usurp the federal government’s authority—and responsibility—to manage the nation’s immigration laws.  Whether they parallel the federal government or not, states can’t pass their own immigration laws.  Only the federal government has that authority.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.