The Obama administration plans to take Arizona's new anti-immigration law to court, although worried Arizona Democrats are begging the administration not to do so. That state's Democratic establishment is not thrilled with its November prospects if Obama steps in. Polls show 70 percent of Arizona residents support Senate Bill 1070.
The government of Mexico has already stepped into the fray, submitting a brief in favor of five organizations already challenging the law. Mexico argues that one law -- Arizona's -- harms its relationship with the other 49 states in the U.S. It also argues that SB1070 harms its citizens, presumably by making them subject to racial profiling when the law is enforced.
Arizona's law requires individuals to present identification -- with reason -- upon request by law enforcement. The law specifically prohibits racial profiling, but opponents argue that Hispanics and others with different skin color will be harassed.
It's my opinion that President Obama's Justice Department will make a horrendous mistake if it challenges the law. The action will be perceived by most Americans as hypocritical moral preening by a federal government which has demonstrated little incentive in securing the border. Arizona will be perceived as the underdog fighting a group of open-border advocates.
Whatever happens in the case, the resulting furor will doom any chance of comprehensive immigration reform that secures borders, punishes employers of illegals severely and provides a long path to citizenship for law-abiding illegals (I know many readers regard "law-abiding illegals" as a misnomer, but it isn't.)
The Justice Department will likely argue that Arizona's attempt to detain illegals who fail to provide proper identification should be struck down because the responsibility of immigration control belongs to the federal government. That's probably the strongest argument but it does come with problems. Arizona can argue that it had to take action due to the federal government's longstanding inaction on securing borders. The state can argue that hundreds of thousands of illegals within its borders have contributed to drug smuggling and budget problems that it must combat to protect its citizens and its own state budget.
Another argument the Justice Department can use is to say it is protecting civil rights because the law encourages racial profiling and will prompt law enforcement to selectively target Hispanic people, whether they are citizens or not. The problem with this argument is that, as mentioned, SB1070 goes to extra pains to insist it does not condone racial profiling. An even stronger rebuttal Arizona can use is to point out that existing federal law is stronger than Arizona's SB1070. Under current law, federal law enforcement can request proof of citizenship in virtually any circumstance. Lawyers for Arizona can reasonably ask in court why the Justice Department opposes a state immigration law that is not as strict as its own law.
Syndicated columnist Charles Krauthammer believes it's best for the Arizona law to be tested in court to determine its constitutionality. A court challenge is inevitable; already several groups have stepped in. As I mentioned earlier, I really believe the Obama administration is making a big mistake if it joins in the challenge to SB1070. There is no way anyone wins with a challenge. If the law is struck down, public outrage will doom federal immigration reform. There will be too much anger out in the country for a bipartisan bill. If the law is upheld, many states, including Utah, and cities will race to see who can be the next to copy Arizona's law.
The Obama administration could have reacted to Arizona's law with plans to include many of its provisions in a federal comprehensive immigration law. Most Americans will support such a law if they are reassured that it focuses on sealing the borders before tackling other components, such as a path to citizenship.
Doesn't the Obama administration realize that Americans desperately want the illegal immigration problem solved? That's why most support SB1070. They salute Arizona for making the effort the feds won't.
Instead, Attorney General Eric Holder and Homeland Security head Janet Napolitano slammed the law without even reading it and made a conservative folk hero out of Arizona Gov. Jan Brewer.
Such a wasted opportunity.
Gibson is the Standard-Examiner's editorial page editor. He can be reached at dgibson@standard.net.
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