Administration Should Enforce Immigration Laws Instead of Undermining Arizona’s Efforts To Do So (July 2010) PDF Print

Arizona’s new illegal immigration law is under attack by the Obama Administration and the ACLU. They, along with five other entities, have filed lawsuits arguing the Arizona law is unconstitutional and therefore should not go into effect. A federal judge heard arguments yesterday and will soon decide whether to delay implementation of the law until the lawsuits are resolved.

I strongly believe these lawsuits are unfounded. Arizona's law gives local law enforcement officers the ability to verify U.S. Citizenship during any lawful police work (such as traffic stops) by asking for identification if they have reasonable suspicion that a person is an illegal alien. The law makes it a state crime to be in the country illegally and prohibits sanctuary cities in Arizona. Importantly, this law mirrors federal law and is only necessary because the federal government has failed to do its job and secure our national borders. I believe Arizona’s law is both constitutional and appropriate considering the federal government’s failure to sufficiently address this issue, and polls suggest that the majority of Arizonans agree.

For these reasons, I have joined eighty-one members of Congress in filing a friend-of-the-court brief in support of Arizona and against the Obama Administration’s lawsuit. The Administration's suit claims that Arizona’s law unconstitutionally interferes with the federal government's exclusive enforcement authority; yet, that line of argument completely ignores the long list of laws Congress has passed that authorized and encouraged states to assist with immigration enforcement. For example, Congress mandated that federal officers respond to immigration status inquiries by state and local officers, banned sanctuary cities, and appropriated funding for states that assist in enforcement. Meanwhile, I have also joined eighteen House lawmakers in filing a friend-of-the-court brief  challenging the ACLU lawsuit, standing behind Arizona’s right to protect their citizens and help enforce immigration laws.
   
It is highly disturbing that the Obama Administration is quick to argue that immigration enforcement is a federal responsibility as they simultaneously turn a blind eye toward sanctuary cities that help illegal immigrants violate federal law and actually impede effective enforcement. In the case of the Arizona law, the state is simply helping the federal government enforce immigration laws. It appears the Administration is more interested in stopping the enforcement of federal law than stopping those who violate it.  Instead of suing Arizona, I believe the Obama Administration should stand up for citizens and legal immigrants, enforce our immigration laws and secure the border.