Adverse Reaction to Arizona Identification Law Fails to Jumpstart Congressional Immigration Reform

While Democratic lawmakers pointed to the recent passage of the Arizona identification law as an indicator that Congressional reform is necessary to reaffirm the preemptive role of the federal government in immigration law, Democrats lost the support of their sole Republican sponsor for immigration reform in the Senate, Lindsey Graham (R,South Carolina).

Senator Graham predicted that the effort would not have a chance for success until 2012. Graham’s announcement was preceded by his statement that he would not support immigration reform unless climate legislation moved first. Citing Graham’s announcement as a major factor, the Washington Post reported on April 28th that Senate Majority Leader Harry M. Reid (D Nevada)has backed off from his plans to schedule votes on comprehensive immigration reform legislation this session.

President Obama and key members of his cabinet have criticized the Arizona identification law as unfair, unrealistic, and possibly unconstitutional. While testifying before the Senate Judiciary Committee, DHS Secretary Napolitano said that the Department of Homeland Security and the Department of Justice are both reviewing the law and whether states and municipalities have the "inherent authority" to enforce federal criminal and civil immigration laws as Arizona has done.

Attorney General Eric Holder has expressed concern that the law could be subject to abuse and create a wedge between "communities that law enforcement is supposed to serve and those of us in law enforcement," He also said that a number of options are under consideration including the possibility of a court challenge.

New Immigration Law's Chances: Charles Miller Takes Legalization's Political Temperature

Robert Reich, Secretary of Labor in the Clinton Administration, and Professor of Economics at Berkeley, has written favorably about the potential economic impact of immigration reform in his 4-11-2010 Christian Science Monitor blog, “Immigration: Could it solve Social Security, Medicare woes?” Reich finds it important to the Baby Boomer generation of retirees that the Medicare and Social Security entitlement programs are funded by the taxes paid by younger immigrant workers.

Senator Jon Kyl, speaking on ABC News' This Week equivocated on whether Republicans would filibuster new immigration reform legislation in the Senate. Host Jake Tapper asked Kyl, "You helped lead the cause of immigration reform in 2007. Senate Majority Leader Harry Reid said that he is going to bring up immigration reform. You said the other day in Yuma, Ariz., that Republicans will use the opportunity to filibuster. Are you going to help with the filibuster of immigration reform?"Kyl responded , "I don't think I said that, Jake, but what I did say is that the the conditions for immigration reform no longer exist.” Kyl, the junior Arizona Senator supported the immigration reform efforts of senior Senator John McCain in 2007.

Senate Majority Leader Harry Reid, fighting for his political life in this year’s November election told an enthusiastic crowd of 6,000 in Las Vegas on Saturday, April 10, 2010 that he had 56 Democratic votes for new immigration law reform legislation and was determined to take it to a vote this year.

Senate Majority Whip Dick Durbin, vowed to move on immigration reform and to try to recruit Senate Republicans to support reform legislation. He compared this effort to the dedication that helped pass healthcare legislation and called for “that same determination and that same commitment to pass comprehensive immigration reform this year.”

Kuck and Miller Speak on Immigration Enforcement at PLI Immigration Institute

On April 23, 2010 attorneys Charles M. Miller and Charles H. Kuck will speak at the PLI Immigration and Naturalization Institute in New York City. Miller is the Chairman of the AILA Compliance Auditing Standards Taskforce and Kuck is the immediate past AILA President. The Institute will be a live seminar in New York and a national Webcast including the following topics:

* Enforcement as part of comprehensive immigration reform

* The Obama Administration's Worksite Enforcement Policy: Criminal Worksite Investigation Cases and the Return to Administrative Sanctions

* E-Verify, FAR and IMAGE Developments

* The 2009 ICE Penalty Guidelines

* The 2010 ICE Policy Reaffirming the Virtue Memorandum and Proposed Rule Implementing the IIRAIRA Good Faith Paperwork Violation Defense and the ICE Omnibus Statute of Limitations policy

* Immigration Compliance Auditing and Current ICE Policy

* The Future of Immigration Enforcement

Call PLI for more information at (800) 260-4754.