A
federal judge July 26 struck
down as unconstitutional a local law in a
Pennsylvania town aimed at denying jobs and
housing to undocumented immigrants. Good. Maybe
the decision will help state and local officials
in Virginia and elsewhere put a lid on the
ugliness that’s loose in the land and help
Americans keep their balance on immigration. Maybe
continued judicial review will suggest to the
President and Congress of the United States that
they need to skip their summer month off and get
back to work on this issue now.
Is
ugly too strong a word? Hardly. “Make it a
little harder to live here” are the words of one
Prince William County resident ready to create a
county-sanctioned hassle policy. “We can’t
handle the hordes” are the words of a Loudoun
County Supervisor playing to the idea that
immigrants aren’t individuals. “Anything we
can do to deter” are the words of a Culpeper
City Councilman, who apparently is prepared to
throw basic constitutional guarantees, universal
human rights and family values aside if necessary.
James City County and others are considering how
to weigh in in the weeks ahead. It’s part of a
public discussion of immigration policy and costs
and benefits that is as old as the United States.
The
actual language of resolutions being considered by
Prince William, Loudoun and others looks a little
tamer: Document the cost of services; study what
local services legally might be denied
undocumented immigrants; establish rules on how
local law enforcement officials might check on
immigration status and what actions they might
take.
Dozens
of bills introduced in the Virginia General
Assembly in recent years have been presented by
sponsors as simple enforcement measures -- deny
in-state tuition, require increase liability of
business who hire, dedicate state police to
immigration law enforcement. But the language used
by some officials in justifying these measures
often mirrors the most inflammatory and
provocative used by advocates of uprooting and
repatriating the estimated 12 million undocumented
aliens in the United States. The language is that
of hate and fear, which once let loose with
official sanction, is always destructive
particularly of reasonable, workable solutions.
Reasonable,
workable solutions are what are needed in dealing
with undocumented immigrants in the United States.
More federal law enforcement. Tighter border
controls. A guest worker program. A path to
citizenship. These and other provisions are a part
of a bipartisan effort on immigration reform that
included the White House and the Congress, but
stalled earlier in the year. The failure of
national policy and politics has prompted policy
spasms at the state and local level.
The
federal judge in Pennsylvania actually ruled that
the the City of Hazleton acted unconstitutionally
when it passed an ordinance that established
penalties for businesses that hired undocumented
immigrants and for landlords that rented rooms to
them. Immigration is matter reserved to the
federal government, the judge said, something
local and state officials should know, even if
some of their constituents do not. And officials
should be clear that public education for
immigrant children, documented or not, is the law
of the land. Officials know, too, that the cost of
library and swimming pool services that
undocumented immigrants may consume are a tiny
fraction of the cost of police, court and jail
services they are considering.
So
what is a state or local official to do when faced
with the twin challenges of a group of rabid
citizens and election year polls that show there
is some traction for candidates who heat up the
illegal immigration issue? Acting to reaffirm the
reasons our Virginia forefathers chose
representative government over direct democracy is
a start. Don’t feed the fears or the
expectations that local and state governments are
the solution. Provide some balance to the
discussions and direct those most concerned toward
the federal government, the only jurisdiction that
can produce any real solutions. Try something like
this.
Prince
William and Loudoun, our President is George W.
Bush. Our United States Senators are John Warner
and Jim Webb. Our Congressmen are Tom Davis and
Frank Wolf. Do not send them a signal on
immigration. As responsible citizens, communicate
directly with the federal officials we elect.
Demand that the President and the Congress meet
their federal responsibilities on immigration
issues. Do not ask your county supervisors and
state legislators to do the job that belongs to
these federal officials. Local and state officials
can only demagogue the issues in an election year
and undermine our other efforts to build vibrant
and safe communities. And most of all, do not
shove the responsibility onto Virginia businesses,
landlords and state and local law enforcement
officers. This is a federal government
responsibility.
--
July 30, 2007
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