Jul 07 2010
Fear and Loathing in Phoenix — and the Capitol
President Obama’s recent speech on immigration reform seems to have begun its transition from words to action with the recent news that the Justice Department intends to challenge Arizona’s now infamous immigration bill. Since being signed into law in April, Arizona SB 1070 has met with international controversy, and has also been called the toughest immigration bill in the United States in decades.
A response to the executive branch’s move by Arizona’s representatives on the federal level was to be expected — but Senators John McCain and Jon Kyl (R) seem intent on broadcasting their opposition to the decision as soon as possible, regardless of the implications.
In their joint statement, McCain and Kyl argued that “It is far too premature for the Obama Administration to challenge the legality of this new law since it has not yet been enforced.”
This statement comes on the heels of Senators McCain and Kyl advocating for the repeal of the new health care law despite the fact that it, too, has not yet been fully enforced.
From a more rational standpoint, the idea that a law must be enforced before it can be challenged seems misguided at best, given that the purpose of most laws is to create enforceable statutes. Arizona SB 1070 is not some antique, unenforced law that can be safely laughed over from the comfort of snopes.com, and neither is it a theoretical experiment in immigration policy. The Justice Department is investigating Arizona SB 1070 on the basis that it will inevitably be enforced and to imply that its existence on the books alone makes the law impossible to challenge seems absurd.
McCain and Kyl’s statement also puts forth another choice gem, proclaiming that
“Attorney General Holder speaks of the ‘federal government’s responsibility’ to enforce immigration laws; but what are the people of Arizona left to do when the federal government fails in its responsibility?”
“The Obama Administration has not done everything it can do to protect the people of Arizona from the violence and crime illegal immigration brings to our state. Until it does, the federal government should not be suing Arizona on the grounds that immigration enforcement is solely a federal responsibility.”
Given that much of Senator McCain’s 2007-08 Presidential campaign was founded on the basis of creating comprehensive immigration reform on the federal level before he caved to the complaints of anti-immigration activists, McCain’s stance ultimately seems to be more of a case of sour grapes at a missed opportunity than a meaningful response to his state’s border woes and the legality of SB 1070. And given McCain’s narrow range of support in his Republican primary, it seems clear that appealing to pro-1070 voters would be just the ticket for McCain to make the mid-term ballot.
The reform movement carries on, with or without McCain, but it looks like real reform is better left to those who value a long-term resolution to America’s immigration woes over the momentary panic of reelection.








