Conservatives disagree sharply over immigration reform

At YouTube, search, "Brewer to Obama: Warning Signs Are Not Enough." There's an effective 60-second ad on immigration from Arizona Gov. Jan Brewer. I am surprised at how easily Republicans control political debates over illegal immigration, environmental policy, the economy and the Ground Zero Islamic center/mosque. It must have to do with being a feisty minority. The past few years prior to 2008, Republicans seemed fat, sloppy and devoid of ideas. Watch the ad here

Utah pols have piggybacked on Arizona's law. In fact, imitations of Arizona's law -- which allows police to detain illegal aliens -- are being proposed in many states. A common argument is that these laws will only require police to check citizenship if the stop involves a crime. Liberal opponents counter that it's racial profiling.

But one of the most underreported stories is the sharp disagreements between conservatives on immigration. Too often the media portrays the only divide as between supporters of Arizona-type laws and opponents. But there are many conservatives who oppose Arizona's law or place it at a lower priority than other conservatives.

One example is Connor Boyack, a political blogger and communications coordinator for the Utah County Campaign for Liberty. Boyack is a strict constitutional constructionist. His provocative argument against Arizona's law opines that federal immigration laws violate the Constitution. "Nowhere did the states delegate to the federal government the authority to regulate and restrict the migration of individuals who pose no threat to others' rights," said Boyack. It is up to the states, adds Boyack, to delegate authority to the feds via a constitutional amendment. "States need to stand up and affirm their power," he added.

In fact, Boyack says that, as things stand now, the conservative position on immigration should be amnesty for illegals, as a response to unconstitutional laws. "Many conservatives have become constitutionalists of convenience, raising the document to the air with a fist when opposing a program or policy they detest, but failing to apply that same rigor to other policies that produce an outcome they find favorable. This is disingenuousness at best, and hypocrisy at worst," Boyack adds.

U.S. Rep. Rob Bishop, R-Utah, has recently joined the Tea Party Caucus in Congress, a move some call opportunistic. Bishop, however, is also not in lockstep with many peers on immigration. He's opposed to a fence, for example, and believes that discussions on Arizona's law, or immigration reform, need to start with federal land reform. Bishop argues that rules for federal lands are stopping border agents from combating smuggling -- of humans and drugs -- in desolate Arizona border areas.

"Federal police will not allow border patrols to do their work," said Bishop, explaining that mechanized vehicles are not allowed on those lands. As a result, smugglers have easy access to the U.S. Bishop has a bill, House Resolution 5016, that would not allow border patrol to be impeded on those lands.

Other conservative objections to Arizona's law combine compassion and lust for cheap labor. Paul Mero, president of Utah's Sutherland Institute, penned a recent column pointing out that despite the high emotions illegal immigration generates, it's not a felony crime and invoking the "rule of law" should not be an invitation to oppress people who are our neighbors. Mero ended his column by asking readers if they want to live in a free society or a police state.

Supplying labor and revenue is a pragmatic and strong argument for immigration reform that guest worker programs where illegals can work without fear of exploitation or deportation. Deseret News editor Joe Cannon, as well as his brother, former Rep. Chris Cannon, as well as Chamber of Commerce leader Lane Beattie, are among conservatives who take this stand.

This should be paired with border security to craft an immigration reform law. Guest-worker protection for individuals, and extended to families, would bring people out of the shadows and help assimilate our neighbors into society.

This won't start though, until the conservative movement listens to the different arguments that counter Arizona's brainstorm idea. It must be supplanted by better ideas.

Gibson is the Standard-Examiner's opinion editor. He can be reached at dgibson@standard.net.

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