Arizona’s Success on Immigration Law is Federal Government’s Failure


by Richard H. Frank

The recent Arizona State Immigration Legislation (S.B. 1070), signed into law by Governor Jan Brewer, is the boldest example of a state exercising its sovereignty when the Federal Government has failed in its responsibility to uphold existing law.  There is no question that under the Constitution, our Federal Government is responsible for enforcement of immigration law.  As is the case with many Federal agencies, the INS seems to be selective at discharging its responsibility under the Constitution.  It would appear that many laws are only enforced when it is politically advantageous to the party in power.

The inclination “to do nothing” seems to have had bi-partisan support over the past 40 years as the only solution put forth by Congress has been to grant amnesty to illegal aliens and continue to ignore the laws enacted by Congress itself.

President Obama has labeled the bold action by Arizona Governor Brewer as irresponsible in one breath and in the next admits to the failure on the part of the Federal Government.  Instead of taking action to bolster support for enforcement of existing immigration law, he holds steadfast to his pledge “to fundamentally change America.”  Part of his agenda for change is amnesty for the estimated twelve million illegals or should I saw “undocumented aliens” in American today.

The President and many in Congress continue to play the race card instead of taking action to close our borders.  Racial profiling is the cry heard against the Arizona law.  The new Arizona state law has nothing to do with racial profiling but is aimed at enforcement of existing Federal law, something current and past Administrations shunned as if it carries the political plague.

Recently Arizona Senators John McCain and John Kyl called for National Guard Troops to be placed along the State border with Mexico as part of a 10-point plan to curb illegal immigration into the State.  Homeland Security Secretary, Janet Napolitano, will announce “in the near future” whether or not she will send troops to help secure the border.  Don’t hold your breath waiting if her decision takes anywhere near as long as Obama’s took to add troops to Afghanistan.  Ironically, the Federal Government announced the hiring of 16,000 IRS agents to go after people who won’t pay for their health insurance under Obama’s new healthcare bill, but they cannot get troops or hire people to secure the borders.

McCain and Kyl are putting the Federal Government to the test by asserting that Guard Troops should remain along the border until the “State” certifies that the “Federal Government” has achieved control of the border.  If the remaining border states took similar action, then just maybe, the Federal authorities will get off of their political derrieres and live up to their pledge to support and defend our Constitution and the laws they are sworn to enforce.

Amnesty for illegals is not a solution but only encourages future law breakers from entering the country illegally.  I think deportation of a few million illegals along with prosecution of employers that hire them will go a lot further in solving the problem than any politician will admit to.

When the Federal Government abdicates its duty to protect our borders the States must act and take control of their destiny.  The Federal bureaucracy has imposed itself on the States for decades.  It is now time for the States to demand that the Federal Government fulfill their Constitutional duty or get out of the way and allow the individual States to enforce Federal law.

Update:  I was informed by one of our readers that the old Ron Paul statement that there will be 16,000 IRS to go after taxpayers who do not have insurance, is in fact, incorrect.  I did recheck and that reader is correct.  However, the IRS Commissioner on March 25, before a House Ways and Means Committee did say that the IRS will be getting a form (similar to 1099) from Health and Human Services indicating that a taxpayer IS in compliance and “has acceptable health coverage.”  He also indicated that the IRS is still figuring out the resources it will need “to implement the tax (penalty) provisions” in the health care legislation.  Every American knows the Government doesn’t do anything small.  Putting these two statements together by the IRS Commissioner, it is entirely possible and likely that we will have more than 16,000 agents keeping tabs on us; it’s really just semantics.

4 Responses

  1. The criminal decay is spreading and that is why the governor of Arizona, Jan Brewer has been forced by these circumstances to enact police actions. BECAUSE THE US GOVERNMENT REFUSES TO ENFORCE IMMIGRATION LAWS– AMERICANS ARE CONFRONTED BY ALIEN CRIMINALS WHO’S ACTIVITIES ARE SPREADING NATIONWIDE. But read what this internal war is costing taxpayers, by not securing the dilapidated fence across the Southern border. Not only will I send my Donation for Sheriff Joe Ariapo, but another as a contribution for Arizona’s Governor if the state is sued. MILLIONS WILL FOLLOW MY EXAMPLE BY DONATING.THIS IS A GROWING WAR AND UNLESS WE FIGHT BACK, OUR GRAND CHILDREN WILL SUFFER. I left California, as English is almost a second language there now?

    Information about expenditures are available by applying Google and using keywords, such as “Illegal alien entitlements.” or words to that effect. Read more: dailycaller.com/2010/04/15/illegal-immigration-is-a-tax-dollar-drain/ Learn where your tax dollars are going?
    Authored by Rep. Lamar Smith (R-TX) Lamar Smith is the Ranking Member of the House Judiciary Committee. Every country has a right to restrict foreign nationals from entering its sovereignty lands–no matter their country of origin? America has been infested with extremist groups that are stealing our–OUR–rights, freedoms and denouncing the US Constitution. Even the national press has been infiltrated by staunch Liberals, hiding behind the Democratic mantle.

    The feds need to permanently install E-verify, that includes the 287 (G) empowerment of police to inquire of a person’s nationality. This has finally happened in Arizona, as the legal residents are sick and tired of subsidizing illegal immigrants. It is incessant battle of law enforcement in principle cities, throughout America fighting against the deadly encroachment of drug dealers. Throw out all the pro-amnesty incumbents starting with Sen. Harry Reid in the midterm Election? The rest might get the message if they were not se dense that Americans don’t want Amnesty of any kind. That Pelosi, Graham, Schumer, McCain and all the leading Dems who think giving somewhere between 20 and 30 illegal aliens is a good thing. Read the above mentioned URL, then all them shouldn’t be canned?

    If they think that Health Care was one Hell of battle, you wait until renegade politicians try to drive through a blanket Amnesty? Sending billions of dollars out the country for family members, then “Chains of other family members” turning up, sponsored–then dropped and YOU will pay. Bring in the sick, handicapped–others with contagious diseases, whose health treatments YOU will pay for. Sharing your Social Security and retirement pensions–AND THEY WILL STILL TURN UP AT OUR WIDE OPEN BORDER BY THE MILLIONS. Are our politicians intentionally out to wreck this country? Don’t just think how many who are here already–family unification could and will escalate our population by another Hundred Million–just ask the US Census bureau?

    Phoenix–where law abiding citizens are afraid to go out at night, home invasion robberies, multiple kidnapping, murder and sexual and violent assaults on every gender and children too are a daily occurrence. California–the Sanctuary State–for illegal alien’s welfare and protection is not any better in its constant battle against illegal immigrant crime. Hit and runs are a never ending activity by foreign nation getting intoxicated, leaving a trail of blood around this nation. Many prosecutors have their hands tied, or hide the truth as they have been intimidated by mayors like Villaraigosa and Newsom. YEARS OF INDIFFERENT ADMINISTRATIONS ARE ENTIRELY TO BLAME. WE WILL FIGHT PRESIDENT OBAMA’S AMNESTY THAT GIVES A FREE PASS TO CITIZENSHIP OF ANY PERSON WHO VIOLATED OUR LAWS OF SOVEREIGNTY. WE WILL NEVER, EVER ALLOW THIS TO BE SIGNED INTO LAW. Learn the outrageous facts of passing AMNESTY, that our taxes will pay for at NumbersUSA

  2. You wrote:
    “Ironically, the Federal Government announced the hiring of 16,000 IRS agents to go after people who won’t pay for their health insurance under Obama’s new healthcare bill…”

    Fortunately, this is a false rumor.

    Please see these sources:

    http://www.factcheck.org/2010/03/irs-expansion/

    http://voices.washingtonpost.com/ezra-klein/2010/04/will_the_irs_need_16000_new_ag.html

  3. This is merely semantics (please see my update on the blog). I do thank you, however, for correcting me on this specific Ron Paul statement.. Jayne

  4. You wrote-“There is no question that under the Constitution, our Federal Government is responsible for enforcement of immigration law.”

    I would disagree with that statement.

    The word immigration does not appear in the Constitution. The only power granted to Congress concerning aliens is the power to establish a uniform rule of naturalization. This provision was inserted because there was, in the words of James Madison, a “dissimilarity in the rules of naturalization” among the States. By vesting this power in the federal government, as opposed to the individual States, the Founders ensured that the qualifications for becoming a citizen would be uniform throughout the several States.

    Unless Arizona is attempting to change the rule of naturalization, which it is not, there is no federal issue.

    As stated by the infamous John Marshall in the Virginia Ratifying Convention of 1788:

    “The state governments do not derive their powers from the general government… The truth is, that when power is given to the general legislature, if it was in the state legislatures before, both shall exercise it, unless there be an incompatibility in the exercise by one to that of the other, or negative words precluding the state governments from it. … All the restraints intended to be laid on the state governments (besides where an exclusive power is expressly given to the Congress) are contained in the 10th section of the 1st article…”

    Nowhere in Article 1, Section 10, are the States denied the power Arizona just exercised in this legislation.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: