Friday, May 4, 2012

The Court Takes on the Arizona Immigration Law

Last week, the Court heard arguments regarding the controversial Arizona immigration law that required people in Arizona, upon police instructions, to show proof of residency.  The case has political implications as well.  If the Court rules in favor of the law, it could be the second major defeat of an Obama administration measure (assuming the health care measure also loses in the Court).  If the Court rules against the law, it could force Mitt Romney to be more vocal about the need for comprehensive and federal-dedicated measures to stop the flow of illegal immigrants at a time when he is trying to tone down the rhetoric to win over more Hispanic votes.  However, as usual, these conversations have deeper complexities that I would like to discuss. 

I’m not too far removed from the old country myself and as a historian, I’m intensely interested in immigration history.  Therefore, I think I’m speaking from a certain level of sympathy and understanding.  Additionally, our struggles with immigration (illegal or otherwise) are also being experienced throughout Europe as well.  If anything, the difficulties in countries like Germany shadow the U.S. struggles.  However, states like Arizona are taking a harder line, themselves hardened by years of problems stemming from the large presence of Latin American immigrants.

I have a bit of a different take on the issue.  I spent seven years teaching in a predominantly Mexican-American school.  From time to time, we discussed immigration.  My students were torn – those whose family entered the country legally were miffed at having waited the time required, paid the money ordered, dotted the I’s and crossed the T’s and arrived here legitimately.  They were irritated that illegal aliens had foregone all of that and broke the law in their first step into their new country. 
 
However, all that said, it might be a moot point and that too might affect the election.  The Pew Institute (www.pewresearch.org) released some startling information about the flow of Mexican and Latin American immigrants into the United States.  The Institute said that Mexicans are leaving more than entering into the United States due to a variety of reasons; among these are the recent economic issues and stricter anti-illegal immigration measures.  However, things are transpiring in Mexico that is also affecting the number.  First, the Mexican economy is doing quite well, certainly growing at a larger rate over the last five years than what is seen in the U.S.  From 1980 to 2010, the Mexican per capita gross domestic product has risen 22%.  A sign of a growing prosperity (in any country, let alone Mexico) is that the fertility rate has dropped dramatically.  In 1970, the rate was 7.3 per woman – compared to 2.4 in 2009.   

The Pew Institute went further in suggesting we will never see the numbers of Mexicans coming across the southern border like we have in the past.  Yet, it still leaves a perplexing question.  What should we do with future and current illegal immigrants?  During President Bush’s first term, he suggested the concept of an amnesty program and while he was torched by Republicans, the Democrats said nothing in support of a plan they have suggested since.  Others have suggested the punitive measure of hunting down and deporting illegal immigrations as President Dwight D. Eisenhower did in the aftermath of the bracero program after World War II.  That plans sounds like it would cause more problems than it would fix.   

However, what can be done, in the course of official business, is to ask people to show their identification.  I’ve traveled a bit and in every country I’ve been to, I’ve understand that I must show identification upon request by officials, including police.  To suggest that such a program would be inherently racist and lead to profiling, is assuming that America’s police and government officials are inherently corrupt and ambivalent to their obligations and duties.  It must be a hard way to go through life. 

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