Get E-Mail Updates

Immigration, the Bible, and the Lawsuit

100524-immigration-civil-disobedience-lisa-sharon-harperLast week President Barack Obama made a bold move. He went on the record explaining, in no uncertain terms, that he is in favor of comprehensive immigration reform. And now, the administration backed up its words with action. The U.S. Justice Department sued the state of Arizona, claiming through the courts that immigration law is ultimately the responsibility of the federal government, not the states.

Related Reading

Take Action on This Issue

Tell the Senate: Don't Cut International Aid

Please join us in telling the Senate: Protect foreign aid programs that help the poor and the needy. 

With these actions President Obama is exercising courage, and courage is the stuff of leadership. Last Thursday I stood with the New York State Interfaith Network for Immigration Reform at a press conference in front of the White House in support of President Obama's courageous speech on immigration reform. We applaud him again today, for with the Arizona lawsuit our president demonstrates he is willing to do everything in his power to maintain the integrity of our nation. Our core values and interests are at stake.

On the 4th of July, our nation celebrated its 234th birthday. This is a natural time in the rhythm of our life together to pause and remember our heritage -- our birthright. We are a nation of hard workers. We are a nation marked by creativity and a robust entrepreneurial spirit. And in the Declaration of Independence itself, Thomas Jefferson submitted the following major grievance against the crown of England as one of many justifications for the American Revolution. According to Jefferson, England was obstructing the migration and naturalization of foreigners in the Americas and that was grounds for a Tea Party! We are a nation of immigrants!

Plus, in a recent Open Letter to President Obama on Immigration Reform nearly 600 interfaith leaders from 40 states affirmed the common call of our faiths to renounce fear and exercise faith by embracing the immigrant within our borders.

Grounded in Genesis and carried through the last chapter of Revelation, my own evangelical Christian faith calls followers of Jesus to see all humanity as made in the image of God and worthy of intrinsic dignity and protection. As such, the basic needs of all human beings as outlined in Genesis 1:26-30 (e.g. life, food, land, work, and the ability to migrate) lay the biblical foundations for the basic rights of all humanity.

Genesis 1 is why God decrees in Leviticus 19:33-34, "When an immigrant resides with you in your land, you shall not oppress the immigrant. The immigrant who resides with you shall be to you as the citizen among you; you shall love the immigrant as yourself, for you were aliens in the land of Egypt: I am the Lord your God."

Genesis 1 is why Jesus holds no punches in Matthew 25 warning, if you fail to love of the least of the hungry, the thirsty, the abject poor, the sick, the imprisoned, and the most foreign immigrant, then you will go to hell.

The Arizona law (SB1070) and its amendment are an affront to core American and religious values. Governor Brewer claims the amendment prevents racial profiling. It does not. Rather, its authors intentionally crafted a sly form of racial profiling powered by the inclusion of county and municipal statutes to the list of the kinds of laws that warrant a "lawful stop, detention, or arrest". Thus, under the current law and amendment, police officers can target households with too many residents, homes with cars on cinder blocks in the front driveway, or people with too many passengers in a car. In Arizona, these offenses are ones perceived to be committed most often by Latinos. This is racial profiling.

Again and again in the course of our nation's history, our core values have been challenged by core lies. Again and again we found ourselves standing at a fork in the road, faced with a choice: Would we believe the lie that some people are simply worth more than others? Or would we actually "hold these truths to be self-evident, that all human beings are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness."

Faith leaders are not led by polls or swayed by the tides of public opinion. We answer to a higher authority and, as in years past, we stand together today holding a moral compass. So, today we echo our call from a week ago:

"President Barack Obama and both houses of Congress -- Democrats and Republicans alike -- in the coming days you will be tempted to fear the polls, but you have something greater to fear. Fear the judgment of history. There is such a thing as right and wrong. There is such a thing as betrayal of our nation's values. There is such a thing as an abdication of leadership that sacrifices American interests on the altar of political expediency."

On June 1, the delegation of Interfaith Leaders from New York -- arguably the first major border state -- represented the desires of the nearly 600 interfaith leaders who signed on to our Open Letter to President Obama. We hand delivered the letter to White House officials when we met with them. In addition, we sent copies of the letter to every member of Congress, calling them to do the right thing. If the responsibility for immigration reform is not with the states, then the president and Congress must find a pragmatic and moral solution to our dysfunctional immigration system with comprehensive reform.

The faith community will not let up. We see firsthand the brokenness of our system and its devastating effects on families across the country, and we will continue to be powerful advocates for comprehensive reform. During the month of July, in anticipation of the enactment of Arizona's law, faith-rooted actions will roll across the nation. They will include pulpit swaps where non-citizen immigrant faith leaders will swap pulpits with faith leaders who are citizens. Each will preach from the pulpit in support of comprehensive immigration reform; "not in our state" petitions; public vigils in support of Arizona and comprehensive immigration reform; and finally, there will be a major faith action at the end of the month if the Arizona law takes effect.

So, we thank you, Mr. President, and we implore you and Congress, don't turn back. Don't stall out. Protect our values and interests and keep letting your actions do the talking.

Lisa Sharon Harper is the executive director of New York Faith & Justice and author of Evangelical Does Not Equal Republican ... or Democrat.

+ Ask the U.S. Senate to pass national immigration reform this year.

Sojourners relies on the support of readers like you to sustain our message and ministry.

by: BlueDeacon

07-12-2010 @ 5:03pm

According to one of those pieces, I think the one by de la Raza, crime and illegal immigration had actually gone down recently because of stepped-up enforcement.

by: BlueDeacon

07-12-2010 @ 5:03pm

According to one of those pieces, I think the one by de la Raza, crime and illegal immigration had actually gone down recently because of stepped-up enforcement.

by: umc

07-12-2010 @ 4:55pm

"If the responsibility for immigration reform is not with the states"

I understand that bank robbery is a violation of federal law, does this mean that my local police should not act if a bank is robbed and there should be no local laws against robbing banks.

by: umc

07-12-2010 @ 4:55pm

"If the responsibility for immigration reform is not with the states"

I understand that bank robbery is a violation of federal law, does this mean that my local police should not act if a bank is robbed and there should be no local laws against robbing banks.

by: LadyJess78

07-12-2010 @ 4:54pm

Thank you Lisa for a well-written post that addresses our Christian obligation to offer comfort to those from beyond our borders.

by: LadyJess78

07-12-2010 @ 4:54pm

Thank you Lisa for a well-written post that addresses our Christian obligation to offer comfort to those from beyond our borders.

by: Lord_Voldemort

07-12-2010 @ 4:41pm

Oh please Deac, this is just too much.

Look, if the law were being enforced, how did we wind up with so many illegal aliens?

Or, if you prefer to think of them as "undocumented", why don't they have the requisite documents? At a minimum it's high time someone in the Feddle Gummint started copying forms and filling them in. Since Obama is supposed to be so sympathetic, you'd think it would be a priority for him to straighten out this little law enforcement paperwork snafu.

And how many illegal aliens are there in Rhode Island? Enough that the state felt the need to take action.

Anything else?

LV

by: Lord_Voldemort

07-12-2010 @ 4:41pm

Oh please Deac, this is just too much.

Look, if the law were being enforced, how did we wind up with so many illegal aliens?

Or, if you prefer to think of them as "undocumented", why don't they have the requisite documents? At a minimum it's high time someone in the Feddle Gummint started copying forms and filling them in. Since Obama is supposed to be so sympathetic, you'd think it would be a priority for him to straighten out this little law enforcement paperwork snafu.

And how many illegal aliens are there in Rhode Island? Enough that the state felt the need to take action.

Anything else?

LV

by: BlueDeacon

07-12-2010 @ 4:39pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

Columnist Jose de la Isla made that claim in a commentary about a month or so ago, plus there was a wire story about that in the last few weeks (to which I no longer have access).

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

No, in Rhode Island it's unlikely you'll misuse the immigration issue for political reasons.

by: BlueDeacon

07-12-2010 @ 4:39pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

Columnist Jose de la Isla made that claim in a commentary about a month or so ago, plus there was a wire story about that in the last few weeks (to which I no longer have access).

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

No, in Rhode Island it's unlikely you'll misuse the immigration issue for political reasons.

by: Ngchen

07-12-2010 @ 4:37pm

What is the precise RI statute?

And, FWIW, there is a difference between checking status at legitimate traffic stops (presumably due to a traffic violation) versus checking people simply for suspicion of immigration violations without anything else. (I'll admit I'm not sure whether the "watered-down" version of the AZ law requires something else before an inquiry.)

Now, what's the status of the "ride offers" law that makes it illegal for someone to recklessly offer rides to people when not caring about their immigration status?

by: Ngchen

07-12-2010 @ 4:37pm

What is the precise RI statute?

And, FWIW, there is a difference between checking status at legitimate traffic stops (presumably due to a traffic violation) versus checking people simply for suspicion of immigration violations without anything else. (I'll admit I'm not sure whether the "watered-down" version of the AZ law requires something else before an inquiry.)

Now, what's the status of the "ride offers" law that makes it illegal for someone to recklessly offer rides to people when not caring about their immigration status?

by: Ngchen

07-12-2010 @ 4:33pm

A frivolous lawsuit is one that raises no credible claims. If you check the federal complaint, there are at least two points the feds raise that I think are credible, in the sense that they're not so crazy that no reasonable person can accept.
1. AZ is de facto creating foreign policy, which is a federal prerogative. Relations with Mexico are souring, to the detriment of ALL states.
2. The federal government under some circumstances has specifically chosen to not deport certain individuals, without providing them with papers. The feds have this right, which AZ is trying to usurp.

by: Ngchen

07-12-2010 @ 4:33pm

A frivolous lawsuit is one that raises no credible claims. If you check the federal complaint, there are at least two points the feds raise that I think are credible, in the sense that they're not so crazy that no reasonable person can accept.
1. AZ is de facto creating foreign policy, which is a federal prerogative. Relations with Mexico are souring, to the detriment of ALL states.
2. The federal government under some circumstances has specifically chosen to not deport certain individuals, without providing them with papers. The feds have this right, which AZ is trying to usurp.

by: NC77

07-12-2010 @ 4:32pm

According to Harper...

"According to Jefferson, England was obstructing the migration and naturalization of foreigners in the Americas and that was grounds for a Tea Party! We are a nation of immigrants!"

Wow, and all this time the MSM has been telling us the Tea Party people have no clue what the Tea Party was about. :)

by: NC77

07-12-2010 @ 4:32pm

According to Harper...

"According to Jefferson, England was obstructing the migration and naturalization of foreigners in the Americas and that was grounds for a Tea Party! We are a nation of immigrants!"

Wow, and all this time the MSM has been telling us the Tea Party people have no clue what the Tea Party was about. :)

by: nuclearferret

07-15-2010 @ 5:53am

You raise a good point. You would think Mexico would actually care about resolving the issues that is leading to so many of its citizens being refugees, especially considering it is a nation not at war, not suffering natural disaster, is in theory a democracy, an oil-producing state, rather than working to ensure MORE of its citizens leave its territory. Folks want to see what a real culture of corruption is, they can look to Mexico.

by: nuclearferret

07-15-2010 @ 5:53am

You raise a good point. You would think Mexico would actually care about resolving the issues that is leading to so many of its citizens being refugees, especially considering it is a nation not at war, not suffering natural disaster, is in theory a democracy, an oil-producing state, rather than working to ensure MORE of its citizens leave its territory. Folks want to see what a real culture of corruption is, they can look to Mexico.

by: Palamas

07-12-2010 @ 5:49pm

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right?

So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws. Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.--maybe we should just adopt Mexican law and turn it on them.

Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging. Or do you think that's a good thing?

by: nuclearferret

07-15-2010 @ 5:49am

Actually, it is because of the decline in the economy and lack of jobs.

by: Palamas

07-12-2010 @ 5:49pm

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right?

So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws. Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.--maybe we should just adopt Mexican law and turn it on them.

Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging. Or do you think that's a good thing?

by: nuclearferret

07-15-2010 @ 5:49am

Actually, it is because of the decline in the economy and lack of jobs.

by: Ngchen

07-12-2010 @ 5:37pm

Palamas wrote:
The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right? It's well settled law that is country X somehow mistreats citizens of country Y, then in a way country X has mistreated country Y.

And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.
Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

by: nuclearferret

07-15-2010 @ 5:46am

So border states cannot enact the same or similar laws as "heartland" states, because their intent is "political?' All laws are political.

by: Ngchen

07-12-2010 @ 5:37pm

Palamas wrote:
The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right? It's well settled law that is country X somehow mistreats citizens of country Y, then in a way country X has mistreated country Y.

And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.
Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

by: nuclearferret

07-15-2010 @ 5:46am

So border states cannot enact the same or similar laws as "heartland" states, because their intent is "political?' All laws are political.

by: Palamas

07-12-2010 @ 5:18pm

The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

As for your second claim, AZ is not trying to usurp any federal prerogative. The AZ law doesn't give the state the ability to deport anyone. It directs the state to turn illegals over to the feds, whose job it is then to deal with them. And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.

by: BlueDeacon

07-15-2010 @ 10:58am

How many heartland states have that many "people of color" streaming across their borders from another country -- or, for that matter, already living there? Consider New Mexico, with fully half the state Latino.

by: Palamas

07-12-2010 @ 5:18pm

The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

As for your second claim, AZ is not trying to usurp any federal prerogative. The AZ law doesn't give the state the ability to deport anyone. It directs the state to turn illegals over to the feds, whose job it is then to deal with them. And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.

by: BlueDeacon

07-15-2010 @ 10:58am

How many heartland states have that many "people of color" streaming across their borders from another country -- or, for that matter, already living there? Consider New Mexico, with fully half the state Latino.

by: Ngchen

07-12-2010 @ 6:18pm

Palamas wrote:
So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws.

What about the Mexicans who are here legally who nevertheless get investigated, let's say repeatedly? (At some point these people will equate the investigations to harassment.) So where is the line drawn as to what states may do with foreign nations?

Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.

Two wrongs don't make a right.

(Quoting me) Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging.

Such may or may not be good policy. I find it a bit strange myself. But such is what the US Attorney is claiming to the court, so I assume that the category is real. (I'm sure it's unethical and illegal for a lawyer to file something that he/she knows is factually false.)

Overall, there are two distinct questions here. One is whether the AZ law is a good idea. Two is whether it is legal when we consider the federal prerogatives. What the court can decide is only question #2.

by: Ngchen

07-12-2010 @ 6:18pm

Palamas wrote:
So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws.

What about the Mexicans who are here legally who nevertheless get investigated, let's say repeatedly? (At some point these people will equate the investigations to harassment.) So where is the line drawn as to what states may do with foreign nations?

Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.

Two wrongs don't make a right.

(Quoting me) Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging.

Such may or may not be good policy. I find it a bit strange myself. But such is what the US Attorney is claiming to the court, so I assume that the category is real. (I'm sure it's unethical and illegal for a lawyer to file something that he/she knows is factually false.)

Overall, there are two distinct questions here. One is whether the AZ law is a good idea. Two is whether it is legal when we consider the federal prerogatives. What the court can decide is only question #2.

by: BBush

07-12-2010 @ 11:21pm

I think it might serve a unique purpose to consider the first two deportees in Earth's history. I refer to Adam and Eve.

After God created Adam, He them processed immigrant Adam to the Garden of Eden. Being naturalized by the Creator Himself, Adam then slept while God created the first supernatural born citizen of Eden, Eve.

Both being perfect, they nevertheless were expected to conduct themselves according to the standards of God, His laws, while in God's Country.

But of course, they didn't. Upon their gross violation, God made lawful contact, received their pleas and rendered judgment. Receiving due process and summary conviction, they also received official pardon for their lawlessness. Having received this grace, they nevertheless were promptly deported by the Immigration and Naturalization Director Himself, God. Border patrol agents were stationed to prevent any return. Though reconciled to their Creator, their life as estranged immigrants from God's perfect abode commenced.

by: BBush

07-12-2010 @ 11:21pm

I think it might serve a unique purpose to consider the first two deportees in Earth's history. I refer to Adam and Eve.

After God created Adam, He them processed immigrant Adam to the Garden of Eden. Being naturalized by the Creator Himself, Adam then slept while God created the first supernatural born citizen of Eden, Eve.

Both being perfect, they nevertheless were expected to conduct themselves according to the standards of God, His laws, while in God's Country.

But of course, they didn't. Upon their gross violation, God made lawful contact, received their pleas and rendered judgment. Receiving due process and summary conviction, they also received official pardon for their lawlessness. Having received this grace, they nevertheless were promptly deported by the Immigration and Naturalization Director Himself, God. Border patrol agents were stationed to prevent any return. Though reconciled to their Creator, their life as estranged immigrants from God's perfect abode commenced.

by: BBush

07-13-2010 @ 12:34am

Blue Deacon,
You stated,".....You need to read your minor prophets more. They talk a lot about justice, not so much about law enforcement. "

Wasn't the reason the Minor Prophets were talking about Justice is because the law was being broken?

by: BBush

07-13-2010 @ 12:34am

Blue Deacon,
You stated,".....You need to read your minor prophets more. They talk a lot about justice, not so much about law enforcement. "

Wasn't the reason the Minor Prophets were talking about Justice is because the law was being broken?

by: umc

07-13-2010 @ 12:10am

Please tell me is the national border the only one you are oppossed to having? What about the others?

Voting prectint?
School zone?
City council district?
County council district?

State house?
State senate?
U.S. House district?
State?

Please tell since us. Libertrians are always accused of wanting kaos, I think this really sounds like kaos.

by: umc

07-13-2010 @ 12:10am

Please tell me is the national border the only one you are oppossed to having? What about the others?

Voting prectint?
School zone?
City council district?
County council district?

State house?
State senate?
U.S. House district?
State?

Please tell since us. Libertrians are always accused of wanting kaos, I think this really sounds like kaos.

by: BlueDeacon

07-12-2010 @ 11:37pm

In fact, you have no point. You're confusing two very different issues. You need to read your minor prophets more. They talk a lot about justice, not so much about law enforcement.

by: BlueDeacon

07-12-2010 @ 11:37pm

In fact, you have no point. You're confusing two very different issues. You need to read your minor prophets more. They talk a lot about justice, not so much about law enforcement.

by: BlueDeacon

07-12-2010 @ 11:35pm

Regarding my claim that the real reason the state is doing this is because the legal Latinos in that state tend toward the Democrats, and this is a way to strike fear into their hearts to keep them from voting, that's fact too. I read it somewhere.

Besides, it's a common tactic of the right-wing to use fear and intimidation, and this is true. We all know it.

It's what Rengquist did. Reagan did it too when he mentioned "states' rights." And now we see it with the Tea Parties.

by: BlueDeacon

07-12-2010 @ 11:35pm

Regarding my claim that the real reason the state is doing this is because the legal Latinos in that state tend toward the Democrats, and this is a way to strike fear into their hearts to keep them from voting, that's fact too. I read it somewhere.

Besides, it's a common tactic of the right-wing to use fear and intimidation, and this is true. We all know it.

It's what Rengquist did. Reagan did it too when he mentioned "states' rights." And now we see it with the Tea Parties.

by: BlueDeacon

07-12-2010 @ 3:30pm

Nonsense -- as Federal law actually is being enforced contrary to popular opinion, this represents pure politics on the part of the Republican governor of Arizona. The real reason the state is doing this is because the legal Latinos in that state tend toward the Democrats, and this is a way to strike fear into their hearts to keep them from voting. Arizona has had a long tradition of trying to suppress minority votes; the late SCOTUS chief justice William Rehnquist was involved in that during the 1960s.

by: dpayton

07-12-2010 @ 3:28pm

Until I read something on sojo.net just as horrified at Rhode Island, which can already check your immigration status at a traffic stop, and hear concerns about racial profiling there, I really can't take anything written here about the subject seriously.

What's the deal, really? I honestly hope it's not willful blindness because Rhode Island votes Democrat.

by: Lord_Voldemort

07-12-2010 @ 3:23pm

Yes, we thank you for instituting a frivolous lawsuit that has no chance of succeeding because there is no conflict between federal law and Arizona -- the conflict is between the President's desire to ignore federal law and Arizona's determination to see it enforced. Since Barack Obama cannot actually make the law go away (even if he is determined to be lax in enforcing it) Arizona's actions will be judged by the law, not Obama's preferences.

To be fair, Obama isn't the first President to neglect immigration law enforcement. But with a little luck maybe he'll be the last.

LV

by: dpayton

07-12-2010 @ 4:26pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

by: BlueDeacon

07-12-2010 @ 4:16pm

As I indicated above, the Arizona law was enacted for political reasons. And besides that, just how many "illegal" Mexicans managed to make their way to Rhode Island?

by: BlueDeacon

07-12-2010 @ 5:03pm

According to one of those pieces, I think the one by de la Raza, crime and illegal immigration had actually gone down recently because of stepped-up enforcement.

by: umc

07-12-2010 @ 4:55pm

"If the responsibility for immigration reform is not with the states"

I understand that bank robbery is a violation of federal law, does this mean that my local police should not act if a bank is robbed and there should be no local laws against robbing banks.

by: BlueDeacon

07-13-2010 @ 3:47am

BTW, I'm being hacked again.

Comments sorted by highest rated. After voting you must refresh your page to see the sort order change.

by: Lord_Voldemort

07-12-2010 @ 3:23pm

Yes, we thank you for instituting a frivolous lawsuit that has no chance of succeeding because there is no conflict between federal law and Arizona -- the conflict is between the President's desire to ignore federal law and Arizona's determination to see it enforced. Since Barack Obama cannot actually make the law go away (even if he is determined to be lax in enforcing it) Arizona's actions will be judged by the law, not Obama's preferences.

To be fair, Obama isn't the first President to neglect immigration law enforcement. But with a little luck maybe he'll be the last.

LV

by: Lord_Voldemort

07-12-2010 @ 3:23pm

Yes, we thank you for instituting a frivolous lawsuit that has no chance of succeeding because there is no conflict between federal law and Arizona -- the conflict is between the President's desire to ignore federal law and Arizona's determination to see it enforced. Since Barack Obama cannot actually make the law go away (even if he is determined to be lax in enforcing it) Arizona's actions will be judged by the law, not Obama's preferences.

To be fair, Obama isn't the first President to neglect immigration law enforcement. But with a little luck maybe he'll be the last.

LV

by: Lord_Voldemort

07-12-2010 @ 3:23pm

Yes, we thank you for instituting a frivolous lawsuit that has no chance of succeeding because there is no conflict between federal law and Arizona -- the conflict is between the President's desire to ignore federal law and Arizona's determination to see it enforced. Since Barack Obama cannot actually make the law go away (even if he is determined to be lax in enforcing it) Arizona's actions will be judged by the law, not Obama's preferences.

To be fair, Obama isn't the first President to neglect immigration law enforcement. But with a little luck maybe he'll be the last.

LV

by: dpayton

07-12-2010 @ 3:28pm

Until I read something on sojo.net just as horrified at Rhode Island, which can already check your immigration status at a traffic stop, and hear concerns about racial profiling there, I really can't take anything written here about the subject seriously.

What's the deal, really? I honestly hope it's not willful blindness because Rhode Island votes Democrat.

by: dpayton

07-12-2010 @ 3:28pm

Until I read something on sojo.net just as horrified at Rhode Island, which can already check your immigration status at a traffic stop, and hear concerns about racial profiling there, I really can't take anything written here about the subject seriously.

What's the deal, really? I honestly hope it's not willful blindness because Rhode Island votes Democrat.

by: dpayton

07-12-2010 @ 3:28pm

Until I read something on sojo.net just as horrified at Rhode Island, which can already check your immigration status at a traffic stop, and hear concerns about racial profiling there, I really can't take anything written here about the subject seriously.

What's the deal, really? I honestly hope it's not willful blindness because Rhode Island votes Democrat.

by: BlueDeacon

07-12-2010 @ 3:30pm

Nonsense -- as Federal law actually is being enforced contrary to popular opinion, this represents pure politics on the part of the Republican governor of Arizona. The real reason the state is doing this is because the legal Latinos in that state tend toward the Democrats, and this is a way to strike fear into their hearts to keep them from voting. Arizona has had a long tradition of trying to suppress minority votes; the late SCOTUS chief justice William Rehnquist was involved in that during the 1960s.

by: BlueDeacon

07-12-2010 @ 3:30pm

Nonsense -- as Federal law actually is being enforced contrary to popular opinion, this represents pure politics on the part of the Republican governor of Arizona. The real reason the state is doing this is because the legal Latinos in that state tend toward the Democrats, and this is a way to strike fear into their hearts to keep them from voting. Arizona has had a long tradition of trying to suppress minority votes; the late SCOTUS chief justice William Rehnquist was involved in that during the 1960s.

by: BlueDeacon

07-12-2010 @ 3:30pm

Nonsense -- as Federal law actually is being enforced contrary to popular opinion, this represents pure politics on the part of the Republican governor of Arizona. The real reason the state is doing this is because the legal Latinos in that state tend toward the Democrats, and this is a way to strike fear into their hearts to keep them from voting. Arizona has had a long tradition of trying to suppress minority votes; the late SCOTUS chief justice William Rehnquist was involved in that during the 1960s.

by: BlueDeacon

07-12-2010 @ 4:16pm

As I indicated above, the Arizona law was enacted for political reasons. And besides that, just how many "illegal" Mexicans managed to make their way to Rhode Island?

by: BlueDeacon

07-12-2010 @ 4:16pm

As I indicated above, the Arizona law was enacted for political reasons. And besides that, just how many "illegal" Mexicans managed to make their way to Rhode Island?

by: BlueDeacon

07-12-2010 @ 4:16pm

As I indicated above, the Arizona law was enacted for political reasons. And besides that, just how many "illegal" Mexicans managed to make their way to Rhode Island?

by: dpayton

07-12-2010 @ 4:26pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

by: dpayton

07-12-2010 @ 4:26pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

by: dpayton

07-12-2010 @ 4:26pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

by: NC77

07-12-2010 @ 4:32pm

According to Harper...

"According to Jefferson, England was obstructing the migration and naturalization of foreigners in the Americas and that was grounds for a Tea Party! We are a nation of immigrants!"

Wow, and all this time the MSM has been telling us the Tea Party people have no clue what the Tea Party was about. :)

by: NC77

07-12-2010 @ 4:32pm

According to Harper...

"According to Jefferson, England was obstructing the migration and naturalization of foreigners in the Americas and that was grounds for a Tea Party! We are a nation of immigrants!"

Wow, and all this time the MSM has been telling us the Tea Party people have no clue what the Tea Party was about. :)

by: NC77

07-12-2010 @ 4:32pm

According to Harper...

"According to Jefferson, England was obstructing the migration and naturalization of foreigners in the Americas and that was grounds for a Tea Party! We are a nation of immigrants!"

Wow, and all this time the MSM has been telling us the Tea Party people have no clue what the Tea Party was about. :)

by: Ngchen

07-12-2010 @ 4:33pm

A frivolous lawsuit is one that raises no credible claims. If you check the federal complaint, there are at least two points the feds raise that I think are credible, in the sense that they're not so crazy that no reasonable person can accept.
1. AZ is de facto creating foreign policy, which is a federal prerogative. Relations with Mexico are souring, to the detriment of ALL states.
2. The federal government under some circumstances has specifically chosen to not deport certain individuals, without providing them with papers. The feds have this right, which AZ is trying to usurp.

by: Ngchen

07-12-2010 @ 4:33pm

A frivolous lawsuit is one that raises no credible claims. If you check the federal complaint, there are at least two points the feds raise that I think are credible, in the sense that they're not so crazy that no reasonable person can accept.
1. AZ is de facto creating foreign policy, which is a federal prerogative. Relations with Mexico are souring, to the detriment of ALL states.
2. The federal government under some circumstances has specifically chosen to not deport certain individuals, without providing them with papers. The feds have this right, which AZ is trying to usurp.

by: Ngchen

07-12-2010 @ 4:33pm

A frivolous lawsuit is one that raises no credible claims. If you check the federal complaint, there are at least two points the feds raise that I think are credible, in the sense that they're not so crazy that no reasonable person can accept.
1. AZ is de facto creating foreign policy, which is a federal prerogative. Relations with Mexico are souring, to the detriment of ALL states.
2. The federal government under some circumstances has specifically chosen to not deport certain individuals, without providing them with papers. The feds have this right, which AZ is trying to usurp.

by: Ngchen

07-12-2010 @ 4:37pm

What is the precise RI statute?

And, FWIW, there is a difference between checking status at legitimate traffic stops (presumably due to a traffic violation) versus checking people simply for suspicion of immigration violations without anything else. (I'll admit I'm not sure whether the "watered-down" version of the AZ law requires something else before an inquiry.)

Now, what's the status of the "ride offers" law that makes it illegal for someone to recklessly offer rides to people when not caring about their immigration status?

by: Ngchen

07-12-2010 @ 4:37pm

What is the precise RI statute?

And, FWIW, there is a difference between checking status at legitimate traffic stops (presumably due to a traffic violation) versus checking people simply for suspicion of immigration violations without anything else. (I'll admit I'm not sure whether the "watered-down" version of the AZ law requires something else before an inquiry.)

Now, what's the status of the "ride offers" law that makes it illegal for someone to recklessly offer rides to people when not caring about their immigration status?

by: Ngchen

07-12-2010 @ 4:37pm

What is the precise RI statute?

And, FWIW, there is a difference between checking status at legitimate traffic stops (presumably due to a traffic violation) versus checking people simply for suspicion of immigration violations without anything else. (I'll admit I'm not sure whether the "watered-down" version of the AZ law requires something else before an inquiry.)

Now, what's the status of the "ride offers" law that makes it illegal for someone to recklessly offer rides to people when not caring about their immigration status?

by: BlueDeacon

07-12-2010 @ 4:39pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

Columnist Jose de la Isla made that claim in a commentary about a month or so ago, plus there was a wire story about that in the last few weeks (to which I no longer have access).

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

No, in Rhode Island it's unlikely you'll misuse the immigration issue for political reasons.

by: BlueDeacon

07-12-2010 @ 4:39pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

Columnist Jose de la Isla made that claim in a commentary about a month or so ago, plus there was a wire story about that in the last few weeks (to which I no longer have access).

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

No, in Rhode Island it's unlikely you'll misuse the immigration issue for political reasons.

by: BlueDeacon

07-12-2010 @ 4:39pm

Indeed that was your claim. Is that your opinion, or do you have anything more recent that 50 years old to back that up?

Columnist Jose de la Isla made that claim in a commentary about a month or so ago, plus there was a wire story about that in the last few weeks (to which I no longer have access).

And so then, the further you are from Mexico, the less racist you're likely to be; is that also your claim?

No, in Rhode Island it's unlikely you'll misuse the immigration issue for political reasons.

by: Lord_Voldemort

07-12-2010 @ 4:41pm

Oh please Deac, this is just too much.

Look, if the law were being enforced, how did we wind up with so many illegal aliens?

Or, if you prefer to think of them as "undocumented", why don't they have the requisite documents? At a minimum it's high time someone in the Feddle Gummint started copying forms and filling them in. Since Obama is supposed to be so sympathetic, you'd think it would be a priority for him to straighten out this little law enforcement paperwork snafu.

And how many illegal aliens are there in Rhode Island? Enough that the state felt the need to take action.

Anything else?

LV

by: Lord_Voldemort

07-12-2010 @ 4:41pm

Oh please Deac, this is just too much.

Look, if the law were being enforced, how did we wind up with so many illegal aliens?

Or, if you prefer to think of them as "undocumented", why don't they have the requisite documents? At a minimum it's high time someone in the Feddle Gummint started copying forms and filling them in. Since Obama is supposed to be so sympathetic, you'd think it would be a priority for him to straighten out this little law enforcement paperwork snafu.

And how many illegal aliens are there in Rhode Island? Enough that the state felt the need to take action.

Anything else?

LV

by: Lord_Voldemort

07-12-2010 @ 4:41pm

Oh please Deac, this is just too much.

Look, if the law were being enforced, how did we wind up with so many illegal aliens?

Or, if you prefer to think of them as "undocumented", why don't they have the requisite documents? At a minimum it's high time someone in the Feddle Gummint started copying forms and filling them in. Since Obama is supposed to be so sympathetic, you'd think it would be a priority for him to straighten out this little law enforcement paperwork snafu.

And how many illegal aliens are there in Rhode Island? Enough that the state felt the need to take action.

Anything else?

LV

by: LadyJess78

07-12-2010 @ 4:54pm

Thank you Lisa for a well-written post that addresses our Christian obligation to offer comfort to those from beyond our borders.

by: LadyJess78

07-12-2010 @ 4:54pm

Thank you Lisa for a well-written post that addresses our Christian obligation to offer comfort to those from beyond our borders.

by: LadyJess78

07-12-2010 @ 4:54pm

Thank you Lisa for a well-written post that addresses our Christian obligation to offer comfort to those from beyond our borders.

by: umc

07-12-2010 @ 4:55pm

"If the responsibility for immigration reform is not with the states"

I understand that bank robbery is a violation of federal law, does this mean that my local police should not act if a bank is robbed and there should be no local laws against robbing banks.

by: umc

07-12-2010 @ 4:55pm

"If the responsibility for immigration reform is not with the states"

I understand that bank robbery is a violation of federal law, does this mean that my local police should not act if a bank is robbed and there should be no local laws against robbing banks.

by: umc

07-12-2010 @ 4:55pm

"If the responsibility for immigration reform is not with the states"

I understand that bank robbery is a violation of federal law, does this mean that my local police should not act if a bank is robbed and there should be no local laws against robbing banks.

by: BlueDeacon

07-12-2010 @ 5:03pm

According to one of those pieces, I think the one by de la Raza, crime and illegal immigration had actually gone down recently because of stepped-up enforcement.

by: BlueDeacon

07-12-2010 @ 5:03pm

According to one of those pieces, I think the one by de la Raza, crime and illegal immigration had actually gone down recently because of stepped-up enforcement.

by: BlueDeacon

07-12-2010 @ 5:03pm

According to one of those pieces, I think the one by de la Raza, crime and illegal immigration had actually gone down recently because of stepped-up enforcement.

by: Palamas

07-12-2010 @ 5:18pm

The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

As for your second claim, AZ is not trying to usurp any federal prerogative. The AZ law doesn't give the state the ability to deport anyone. It directs the state to turn illegals over to the feds, whose job it is then to deal with them. And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.

by: Palamas

07-12-2010 @ 5:18pm

The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

As for your second claim, AZ is not trying to usurp any federal prerogative. The AZ law doesn't give the state the ability to deport anyone. It directs the state to turn illegals over to the feds, whose job it is then to deal with them. And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.

by: Palamas

07-12-2010 @ 5:18pm

The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

As for your second claim, AZ is not trying to usurp any federal prerogative. The AZ law doesn't give the state the ability to deport anyone. It directs the state to turn illegals over to the feds, whose job it is then to deal with them. And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.

by: Ngchen

07-12-2010 @ 5:37pm

Palamas wrote:
The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right? It's well settled law that is country X somehow mistreats citizens of country Y, then in a way country X has mistreated country Y.

And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.
Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

by: Ngchen

07-12-2010 @ 5:37pm

Palamas wrote:
The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right? It's well settled law that is country X somehow mistreats citizens of country Y, then in a way country X has mistreated country Y.

And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.
Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

by: Ngchen

07-12-2010 @ 5:37pm

Palamas wrote:
The notion that AZ is making "de facto foreign policy" is absurd. The fact that its law raises the ire of the Mexican government is both the latter's problem and the latter's shame, since it has created many of the conditions leading to the U.S. illegal immigration problem.

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right? It's well settled law that is country X somehow mistreats citizens of country Y, then in a way country X has mistreated country Y.

And if the feds are simply turning people loose without granting them legal status, it is engaged in subverting federal law.
Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

by: Palamas

07-12-2010 @ 5:49pm

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right?

So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws. Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.--maybe we should just adopt Mexican law and turn it on them.

Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging. Or do you think that's a good thing?

by: Palamas

07-12-2010 @ 5:49pm

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right?

So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws. Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.--maybe we should just adopt Mexican law and turn it on them.

Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging. Or do you think that's a good thing?

by: Palamas

07-12-2010 @ 5:49pm

But the mere fact that Mexico is getting riled up, to the detriment of US-Mexico relations suggests that foreign policy is implicated, right?

So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws. Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.--maybe we should just adopt Mexican law and turn it on them.

Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging. Or do you think that's a good thing?

by: Ngchen

07-12-2010 @ 6:18pm

Palamas wrote:
So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws.

What about the Mexicans who are here legally who nevertheless get investigated, let's say repeatedly? (At some point these people will equate the investigations to harassment.) So where is the line drawn as to what states may do with foreign nations?

Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.

Two wrongs don't make a right.

(Quoting me) Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging.

Such may or may not be good policy. I find it a bit strange myself. But such is what the US Attorney is claiming to the court, so I assume that the category is real. (I'm sure it's unethical and illegal for a lawyer to file something that he/she knows is factually false.)

Overall, there are two distinct questions here. One is whether the AZ law is a good idea. Two is whether it is legal when we consider the federal prerogatives. What the court can decide is only question #2.

by: Ngchen

07-12-2010 @ 6:18pm

Palamas wrote:
So what? States do stuff all the time that has implications for relations with foreign nations. That doesn't mean they are "conducting foreign policy." And the notion that illegal immigrants from Mexico who have been arrested and deported have been "mistreated" is likewise absurd, unless you are suggesting that Mexico now gets to tell the United States how to determine and enforce its immigration laws.

What about the Mexicans who are here legally who nevertheless get investigated, let's say repeatedly? (At some point these people will equate the investigations to harassment.) So where is the line drawn as to what states may do with foreign nations?

Its been noted in lots of places that Mexico's immigration laws are a lot harsher than those of the U.S.

Two wrongs don't make a right.

(Quoting me) Are you suggesting that the feds should not have such a category of person - one whom the feds will not deport, but won't issue papers for either? What does federal law say about this topic?

I know of no such category. Such a person is, in fact, being treated completely unfairly, left in a legal limbo that opens them up to being deported at any time, never knowing when the feds will change their minds. Give them legal status, or send them home. Don't leave them hanging.

Such may or may not be good policy. I find it a bit strange myself. But such is what the US Attorney is claiming to the court, so I assume that the category is real. (I'm sure it's unethical and illegal for a lawyer to file something that he/she knows is factually false.)

Overall, there are two distinct questions here. One is whether the AZ law is a good idea. Two is whether it is legal when we consider the federal prerogatives. What the court can decide is only question #2.