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Speak Out
Illegal immigration: Is it a state or federal issue?
By John Vettese, Student Voices staff writer
The alarm over illegal immigration has intensified in the decade since Sept. 11, and Congress has debated how to revise U.S. policy on allowing foreigners residency in our country.
To some, the politicians in Washington are moving too slow. To others, their proposals are not going far enough to protect against illegal immigration. It’s estimated that 11 million illegal immigrants live in the United States, according to a Reuters report. Because of all these factors, several states have acted on their own, passing tough laws on illegal immigrants.
The law passed in June by the state of Alabama has been called the strictest in the nation. It requires the state’s public schools to determine the legal residency of its students; it prevents illegal immigrants from getting a driver’s license or business license; and it allows police to detain people suspected of being in the country illegally, if they are unable to produce documentation when pulled over for any reason.
Since its passage, Alabama’s law has been challenged in federal court. U.S. District Judge Sharon Lovelace Blackburn upheld the law in an early October ruling, saying there was no proof that it would harm the public interest. The Obama administration has since asked the 11th U.S. Circuit Court of Appeals, which has jurisdiction over Alabama, to weigh in. It argues that, since state laws cannot exceed their companion laws at the national level, Alabama has interfered with the federal government’s authority over immigration.
Similar situations have occurred across the country. In Arizona, Georgia, Indiana and Utah, federal judges have struck down various portions of state immigration laws – the 9th U.S. Circuit Court of Appeals ruled that Arizona’s law, which also allowed police to detain suspected illegal immigrants for not carrying documentation, violated the Fourth Amendment’s protection from unreasonable search and seizure.
But the federal judge in Alabama said that its law, nearly identical, doesn’t harm the public interest. These sorts of disagreements between states strengthen the demands for a new national policy.
Immigration law expert Kevin Johnson told the Huntsville (Ala.) Times that the patchwork system of state immigration laws is not sustainable – that a broad, federal decision should be reached.
“The ferment among the states on immigration – as well as the conflicting court decisions – may ultimately provoke Congress to act on comprehensive immigration reform,” Johnson told the Huntsville Times. “It seems to me that the state immigration laws keep coming and will continue to come until the Supreme Court narrowly circumscribes the state’s role in immigration enforcement or Congress enacts comprehensive immigration reform.”
What do you think?
Should states be allowed to enact their own laws on illegal immigrants? What if those laws go further than the federal government’s? Do you think laws, like the ones in Alabama and Arizona, violate the Fourth Amendment? Should Congress pass a new federal immigration law? Join the discussion!
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