Arizona Lashes Out

by John M. Curtis
(310) 204-8700

Copyright May 3, 2010
All Rights Reserved.                                

               More than a lynch mob mentality, election year politics drove Arizona to irrational action, passing a controversial new law making it illegal to be in the state without proper documentation.  Usurping the federal government’s authority on immigration, Arizona, said, in effect, paraphrasing Gov. Jan Brewer, enough is enough with illegal immigration.  Brewer insisted the state acted where the federal government failed.  Overreacting to an alleged murder of rancher Robert Krentz by an illegal alien, the Arizona legislature led by Rep. Russell K. Pearce made it illegal to live in Arizona without proper immigration papers.  When the federal courts toss out Arizona’s law, it won’t stop the porous borders that allows illegals to stream across the border, pressuring Washington to do something about illegal immigration.  Arresting and deporting people runs counter to the American Way.

            Should the law go into effect, Arizona law enforcement officials would have the unenviable task of picking up undocumented aliens off the streets without probable cause, other than looking like illegal aliens, whatever that means.  Secretary of State Hillary Rodham Clinton warned that the law’s implementation would lead to racial profiling, something banned by federal civil rights laws.  “The federal government is abdicating its duty on the border.  Arizona politicians are pandering to public fear,” wrote the Phoenix-based Arizona Republic’s lead editorial.  “The result is a state law that intimidates Latinos while doing nothing to curb illegal immigration,” Threats to pick up and deport Latinos without legal documentation run counter American instinct to open doors for immigrants whatever national origins.  Singling out any one immigrant group runs afoul with American values.

            Arizona, Texas, New Mexico and California all took place in the Mexican-American War [1846-1848], a brutal war to annex Mexican land and expand U.S. western territory.  Only 10 year earlier, the Republic of Texas battled Mexican forces for 13 days led by Gen. Antonio Lopez de Santana eventually overtaking the Alamo Mission March 6, 1836.  Since Mexico’s eventual defeat in the Mexcian American War, Mexicans have lived peacefully in the United States, though lived as most minorities under the cloud of discrimination.  Watching thousands marching on May Day for Mexican rights in Phoenix and various cities around the country reminds Latinos of their long struggle for civil rights and equal opportunity.  Arizona’s new law signed by Gov. Jan Brewer April 23 throws salt in the wounds of America’s Hispanic community, long struggling as second class citizens.

            Arizona’s two U.S. senators, Sen. John McCain and Sen. John Kyl, threw their support behind the law:  Kyl because he’s a well-known anti-illegal immigration conservative and McCain because he faces a tough reelection fight with conservative U.S. Rep. J.D. Hayworth.  McCain’s change of heart, since co-sponsoring immigration reform in 2007 with the late Sen. Ted Kennedy (D-Mass.), was due to his tough reelection fight.   McCain continued the same flip-flopping, when the otherwise maverick politician picked conservative former Alaska Gov. Sarah Palin for his running mate in 2008.  While recent polls show McCain pulling away from Hayworth, his choice of Palin in 2008 backfired, handing the presidency to Obama.  Based on the long history of discrimination against Mexicans, Arizona’s new law damaged U.S.-Latino relations for the foreseeable future.

            Whatever the failures of the U.S. Immigration and Naturalization Service, individual states can’t lash out at any one group.  While the U.S. faces real challenges controlling its southern border, individual states can’t take frustrations out by passing state laws outside federal jurisdiction.  “We already had several editorials setting out our objections to the new law, and this addresses the umbrella issue of a lack of leadership that nearly has played out over a number of years,” said Arizona Republic editorial writer Doug MacEachem.  Known for its conservative bent, the Republic’s editorial page opposes the new law because it punishes Latinos, whatever their immigration status.  Police are now expected to play psychic to question anyone that “looks” like an illegal alien, causing distress among Latinos with proper documentation.  Questioning legal Latino residents seems unfair.

            Arizona’s new law runs counter to U.S. hospitality as an immigrant nation, regardless of whether there are violations of U.S. immigration law.  It’s no consolation to legal Latino residents that law enforcement can ask for proof of legal status.  Whether showing proof of legal status is part of current U.S. immigration law or not, it hasn’t been the usual and customary practice.  Putting legal Hispanic residents under increased pressure singles out one group based on “appearance.”  Racial profiling is currently against U.S. civil rights laws and can’t be applied by law enforcement under the special circumstance of checking immigration status. Whether or not Arizona’s new law is tossed by the federal courts, the U.S. must work toward comprehensive immigration reform.  Federal officials should show more sensitivity and pony up the cash needed to help border states deal with illegal immigration.

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.