Dimostranti protestano contro la legge anti immigrazione illegale dell’Arizona
Michael W. Savage
● Scontro tra il governo federale Usa ed un suo Stato (Arizona) sulla legislazione per l’immigrazione, una questione politicamente sensibile dato che negli Usa ci sono circa 12 mn. di immigrati illegali;
● il dibattito che ne segue contrassegnerà le elezioni di mezzo termine del prossimo autunno;
● per i Dem. lo scontro, portato dinanzi al tribunale federale, potrebbe avvantaggiarli – anche se forse non sul breve termine – dati i forti cambiamenti demografici in corso e in particolare di fronte agli Ispanici, la minoranza in più forte crescita negli Usa; 2/3 degli elettori ispanici hanno votato per Obama nel 2008.
● Influenti esponenti di ispanici si sono espressi contro la legge dell’Arizona.
– Nel primo discorso da lui pronunciato sulla questione immigrati (in campagna elettorale si è impegnato ad affrontarla ad inizio del primo mandato),
o Obama ha sostenuto la necessità di una riforma globale che apra agli immigrati la strada della cittadinanza, oltre a misure che per la sicurezza del confine meridionale;
o Obama sta cercando di avere l’appoggio per la riforma sull’immigrazione di organizzazioni di attivisti e di leader sindacali;
o riferendosi agli 11 senatori Rep. che nel 2006 sostennero un tentativo del genere e che sono necessari per avere la maggioranza, ha ora chiesto l’appoggio bipartisan, su un progetto che dovrebbe partire dalla proposta di un Dem. e di un Rep.: gli illegali dovrebbero ammettere di aver violato la legge, pagare delle multe e le imposte passate e svolgere un servizio per la comunità …
o Alcuni degli 11 Rep. non sembrano più disposti ad appoggiare una riforma (prima assicurare il controllo dei confini);
o Obama ha escluso la possibilità un’amnistia, ma anche impossibile nel concreto arrestare tutti gli illegali.
o Obama ha comunicato di voler inviare soldati della guardia nazionale per controllare i confini.
– L’Arizona ha varato una nuova legge anti-immigrazione; Oklahoma, South Carolina e Utah vorrebbero introdurla nel 2011; in questi stati il clima politico sembra facilitarne l’approvazione.
– Il governo federale ha chiesto che un giudice federale decreti la sospensione della legge dal 29 luglio.
o Il dipartimento di Giustizia definisce incostituzionale la legge dell’Arizona, lo Stato dell’Arizona è accusato di aver usurpato l’autorità federale, e che potrebbe ostacolare il rispetto della legge sull’immigrazione e portare ad una persecuzione poliziesca contro chi non è in grado di dimostrare di essere immigrato legale.
o Altro argomento contro: in Arizona troppi immigrati illegali da deportare, questo distrae dalla lotta contro gli immigrati terroristi; la legge sovraccaricherebbe la polizia locale …
o Il procedimento giudiziario federale si astiene dall’accusa di razzismo …
o Le associazioni per i diritti civili accusano l’Arizona di voler colpire gli Ispanici.
– Quest’anno i parlamentari di almeno altri 17 Stati hanno presentato progetti di legge simili a quella dell’Arizona, che consente ai funzionari di sottoporre a interrogatorio chiunque sia sospetto di essere illegalmente negli Usa; si prevede però che la maggior parte di queste misure non venga adottata o approvata dia governatori.
– Nel 2007 l’Oklahoma ha aperto la strada a questo tipo di leggi con una legislazione che considera reato trasportare o dare asilo consapevole di un immigrato illegale, e che impedisce agli immigrati illegali di prendere la patente di guida e lezioni.
o Il parlamentare Rep. dell’Oklahoma, Terrill – sostenitore della precedente legge, e presentatore di quella nuova per l’anno prossimo – intende aggiungere alla legge dell’Arizona il sequestro della proprietà di imprese che impiegano immigrati illegali.
o Secondo Terrill la legge adottata dall’Arizona ha fatto sì che gli immigranti illegali si trasferiscano dall’Arizona all’Oklahoma.
o Terrill ha ottenuto nel passato un consenso bipartisan sulla questione immigrazione.
– Utah, dopo la citazione in giudizio dell’Arizona da parte del governo federale, il presentatore della legge intende introdurre nel disegno di legge maggiori garanzie per dichiarare qualcuno sospetto di essere senza documenti, prima di disporre l’interrogatorio.
o Una legge entrata in vigore nel 2009 ha reso illegale dare asilo o impiegare lavoratori senza permesso.
South Carolina, una legge del 2008 obbliga le imprese a controllare se i suoi dipendenti sono immigrati legali o meno; essa considera reato trasportare e dare asilo ad immigrati illegali. Il South Carolina ha varato una legge simile ad una sola settimana da quella varata in Arizona.
Demonstrators protest Arizona’s anti-illegal immigration law
Immigrant advocates gather in Washington to protest Arizona’s controversial new legislation.
By Michael W. Savage
– Attention is focused on Arizona and the federal government’s challenge to the state’s strict new immigration law, but three other states could adopt similar legislation next year.
– Lawmakers in Oklahoma, South Carolina and Utah, which have already taken steps against illegal immigration, say that Arizona-style measures have a realistic chance of passing when their legislatures reconvene in 2011.
– The Obama administration sued Arizona in federal court Tuesday, charging that the state law usurps federal authority, would hamper immigration enforcement and would lead to police harassment of those who have no proof of lawful status. The government asked that a federal judge stop the law from taking effect July 29.
– Legislators in at least 17 other states introduced bills this year similar to the Arizona law, which allows officers to question anyone they suspect of being in the country illegally. But most of those measures are not considered likely to be adopted or signed by governors.
– The political climate in Oklahoma, South Carolina and Utah, however, improves the chances that state legislatures there could follow Arizona’s lead in 2011.
– In 2007, Oklahoma led the way on such laws by adopting legislation that makes it a felony to knowingly transport or shelter an illegal immigrant. It also blocked illegal immigrants from obtaining driver’s licenses and in-state tuition.
– State Rep. Randy Terrill (R), who sponsored the measure, has expressed a desire to go beyond the Arizona law when he introduces a bill next year that would seize property from businesses that knowingly employ illegal immigrants.
– Terrill cited the arrest last week of an alleged Mexican drug cartel member in Oklahoma as evidence that an "Arizona-plus" measure is needed urgently. He said the effect of Arizona’s law has been to push illegal immigrants "straight down Interstate 40" toward Oklahoma.
Vivek Malhotra, advocacy and policy counsel for the American Civil Liberties Union, said the administration’s decision to sue Arizona could discourage other states from doing the same. But he also said that similar legislation may be adopted in 2011.
"After the other border states, it is natural to look at the states that have enacted the most anti-immigrant laws" before Arizona, Malhotra said. He said he expected Oklahoma, South Carolina and Utah to make the "most vigorous effort" to enact similar legislation early next year.
Ira Mehlman, spokesman for the Federation for American Immigration Reform, said he thinks the Obama administration designed the lawsuit against Arizona as a "shot across the bows" of all states considering similar moves. He said he doubts, though, that Terrill will be deterred.
– "Randy Terrill has made this his issue in Oklahoma and has earned bipartisan support in the past," he said. "He is a determined guy and he is not going to back down too easily."
– In Utah, state Rep. Stephen Sandstrom (R) has been making regular fact-finding trips to Arizona as he finalizes a draft bill. But, following the announcement of the federal suit, he said he may consider watering down one of the Arizona law’s most contentious elements.
– Under the law, state officers are instructed to check immigration status if they have a "reasonable suspicion" that a person is in the country illegally. Sandstrom said his measure may require officers to meet the higher legal standard of "probable cause" to suspect someone of being undocumented before checking.
"I don’t want people of Hispanic descent to feel my bill is aimed at them," he said.
– A Utah law that took effect last year made it illegal to harbor or employ undocumented workers. Gov. Gary R. Herbert (R) has said he expects to sign new immigration legislation next year and is meeting with all sides to find a way forward.
– South Carolina Gov. Mark Sanford (R) touted a comprehensive set of measures against illegal immigration as the nation’s strictest when he signed it into law in 2008. The far-reaching legislation forced businesses to check the immigration status of their workers. Harboring and transporting illegal immigrants also became a state crime. State lawmakers are seeking to build on it and were quick this year to draw up an Arizona-style bill, introducing it less than a week after the Arizona measure was signed.
State Sen. Larry Martin (R) said in an interview that an Arizona-type measure was introduced too late this year. "But I have every expectation a new bill will be introduced in January," he said. "As long as an officer has a lawful reason to question someone, and then a suspicion develops [that] they are an undocumented person, then I think our law enforcement folks ought to be able to pursue that," he said.
● The federal government is suing to stop Arizona’s new immigration law, setting the stage for a clash between the federal government and state over the nation’s toughest immigration crackdown. (July 6)
By Jerry Markon and Michael D. Shear
– The Obama administration sued Arizona over the state’s new immigration law on Tuesday, an assertion of federal power that sets up a rare clash with a state on one of the nation’s most divisive political issues.
– The Justice Department lawsuit charges that the Arizona law cracking down on illegal immigrants conflicts with federal law, would disrupt immigration enforcement and would lead to police harassment of those who cannot prove their lawful status.
– Filed in federal court in Arizona, it says the state’s measure is unconstitutional and asks a judge to stop it from taking effect.
– "The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country," the lawsuit says.
– The Arizona law, signed by Gov. Jan Brewer (R) in April, gives police the power to question anyone who they have a "reasonable suspicion" is an illegal immigrant.
– In challenging a state law, federal lawyers stepped squarely into the politically charged debate over how to handle the nation’s estimated 12 million illegal immigrants. Reaction to the suit poured in from all sides, much of it blistering, making it clear that this was no ordinary legal filing but rather the start of a battle that will help define the midterm elections this fall.
– "Not only does this lawsuit reveal the Obama administration’s contempt for immigration laws and the people of Arizona, it reveals contempt for the majority of the American people who support Arizona’s efforts," 20 House Republicans said in a letter to Attorney General Eric H. Holder Jr., who administration officials said decided last week to challenge the law. President Obama, who had voiced strong opposition to the legislation, was briefed in the past few days, officials said.
The administration disavowed any political calculus, with one senior Justice Department official saying: "We’re charged not with doing what’s popular or partisan or political, but doing what we think is right."
– But other Democrats suggested that the legal fight could play to their advantage by placing them on the side of Hispanics, the nation’s fastest-growing minority. Though most polls show the Arizona law is broadly popular, leading Hispanic groups and politicians have condemned it.
– "There is probably some short-term pain politically," said one senior Democratic strategist, who spoke on the condition of anonymity because he did not want to publicly contradict the administration. "But considering the demographic changes the country is undergoing, long term there is a lot of upside in advocating for Latinos and comprehensive immigration reform."
– Civil rights groups call Arizona’s statute the nation’s toughest law against illegal immigrants and say it targets Hispanics, though the legislation says police "may not consider race, color or national origin" in seeking to determine immigration status.
– At least five other lawsuits have been filed in federal court — by civil rights groups and others — challenging the law, which is scheduled to take effect July 29. Hearings are set for July 15 and July 22 in those cases, and Justice Department officials said they expect a hearing around the same time on their motion asking a judge to issue a preliminary injunction blocking the law.
– Justice officials cited two other examples of the federal government suing a state, including a 2007 lawsuit by the Bush administration challenging an Illinois law that tried to prevent employers from using an online system to determine immigration status. But legal experts said such a step is exceedingly rare.
– "It’s quite extraordinary," said Richard D. Friedman, a law professor at the University of Michigan. Typically, he said, the government files briefs or seeks to intervene in lawsuits filed by others against state statutes.
In their 25-page complaint, Justice lawyers cite the legal doctrine of "preemption," which is based on the Constitution’s supremacy clause and says federal law trumps state statutes. Because the federal government has "preeminent authority to regulate immigration matters," the lawsuit argues, the Arizona law must be struck down.
– Beyond the legal prose, the government tries to make a practical argument: that the Arizona law would unduly burden federal agencies charged with immigration enforcement. With Arizona referring so many illegal immigrants for deportation, the lawsuit says, federal officials would lose focus on top-priority targets such as immigrants involved in terrorism or other crimes.
– The suit also claims that the law would burden local law enforcement officials, three of whom provided declarations in support of the challenge. "To require local police to act as immigration agents . . . is not realistic," wrote Tucson Police Chief Roberto Villaseñor.
– Although the lawsuit cites potential "detention and harassment" of U.S. citizens and immigrants who do not carry identification documents, it declines to make a legal argument that the law would lead to racial profiling. But a senior Justice Department official, speaking on the condition of anonymity, said that if the law takes effect, "we will monitor it very, very closely, and if we become aware of any racial profiling or civil rights violations, that’s something that we would take action on.”
Peter Spiro, a Temple University law professor and an expert on preemption, said that the government makes "a strong argument" but that the case "could go either way." Although the preemption doctrine has been established in Supreme Court decisions, he said, "there is precedent on both sides of the question."
– Brewer called the lawsuit "nothing more than a massive waste of taxpayer funds," a sentiment also expressed by other Republicans. "The American people must wonder whether the Obama administration is really committed to securing the border when it sues a state that is simply trying to protect its people by enforcing immigration law," John McCain and Jon Kyl, Arizona’s senators, said in a statement.
Liberal groups were equally fervent. "We commend the Obama administration for taking this critical step to negate Arizona’s unconstitutional usurpation of federal authority and its invitation to racial profiling," said Lucas Guttentag, head of the ACLU Immigrants’ Rights Project.
Staff researcher Julie Tate contributed to this report.
– In his first major speech on immigration as president, President Barack Obama says that while the frustrations over it aren’t new, Arizona’s tough new anti-immigrant law and the protests surrounding it have created new tensions. (July 1)
By Michael W. Savage
– President Obama piled new pressure on Republicans on Thursday to support moves to fix an immigration system he said has become "broken and dangerous," but key GOP senators showed little sign of being ready to cooperate.
– In his first presidential speech dedicated to the divisive issue, Obama made the case for comprehensive immigration reform that would see undocumented migrants given a pathway to citizenship and further measures put in place to secure the southwestern border.
But he also turned a spotlight on 11 Republican senators who had backed reform attempts in 2006, arguing that progress is being "held hostage" by "political posturing, special-interest wrangling and . . . the pervasive sentiment in Washington that tackling such a thorny and emotional issue is inherently bad politics."
– "I’m ready to move, the majority of Democrats are ready to move, and I believe the majority of Americans are ready to move," Obama said in the half-hour speech at American University. "But the fact is that without bipartisan support, as we had just a few years ago, we cannot solve this problem."
– Some of the 11 senators whose support is critical to his plans signaled Thursday that they are not ready to back reform this time around. They also denied that they had changed their positions for political reasons.
– Laena Fallon, a spokeswoman for Sen. Judd Gregg (N.H.), said the senator is interested in fixing the immigration system. But she added that he had made it clear he "does not support any initiative promoting comprehensive reform until the president and this administration get serious about controlling our borders."
– Andy Fisher, a spokesman for Sen. Richard G. Lugar (Ind.), said the senator thinks it is simply the wrong moment for reform. "There really is not the political landscape to proceed with it at this time," he said.
– Other minor legislation, designed to legalize those who came to the United States as children and then enrolled in U.S. colleges, "could potentially be doable this year," the spokesman said.
– Sen. Robert F. Bennett (Utah) also said further border enforcement had to come first. "The president needs to work with Congress on a step-by-step approach, focusing first on securing our borders and then establishing a temporary worker program," he said.
– Other Republicans sympathetic to the cause now have other priorities. Sen. John McCain, a past supporter, faces a tough battle in his Arizona primary. Sen. Lindsey O. Graham (S.C.), who had been working with Democrats on a draft reform bill earlier in the year, has now said that Congress should prioritize other issues such as Wall Street reform.
– The president did not outline any details for reform or set a timetable for a reform bill, to the disappointment of those pushing him to fulfill his election pledge to take up the issue early in his first term.
– Obama said that "years of patchwork fixes" had led to an immigration system that was creaking, adding that Arizona’s new law clamping down on illegal immigration stemmed from the impasse in Congress. But he criticized the law, which gives officers more power to check the status of those suspected of entering the country illegally, as "ill-conceived." A slim majority of Americans support the Arizona law, according to a Washington Post-ABC poll, but a similar number also still back a program giving those here illegally the right to earn legal documentation.
"The process of who is and who isn’t allowed to enter this country and on what terms has always been contentious, and that remains true," Obama told an audience of 250, including lawmakers and reform advocates.
– Although Obama said amnesty would be "unwise and unfair," he also said apprehending all undocumented migrants would be impossible in practice. He argued that the border is more secure than at any time in the past 20 years and that reform is needed in other areas now.
"We can create a pathway for legal status that is fair, reflective of our values, and works," he said. "The question now is whether we will have the courage and political will."
– Few in Congress see any chance of a bill making headway in an election year. A White House operation has been underway over the past few months to put the ball firmly in the Republicans’ court. In April, Obama called sympathetic Republican senators to see whether a deal could be reached. He also spoke at their caucus lunch recently in a bid to round up support.
Obama has also attempted to show a renewed zeal for reform. He met with advocates Monday to talk about his commitment to the issue. In an hour-long meeting Tuesday, the president and a group of Hispanic members of Congress discussed how to proceed.
– Hispanics could play an important part in the Democrats’ fortunes in the midterm elections. Two-thirds of Hispanic voters backed Obama in 2008.
By DARLENE SUPERVILLE
WASHINGTON — President Barack Obama is following up two days of meetings on U.S. immigration policy with a speech Thursday on the need for a comprehensive solution to what he and others have said is a broken system.
– Obama discussed immigration and the speech at a White House meeting Tuesday with members of the Congressional Hispanic Caucus. He held similar talks with advocates and labor leaders a day earlier.
– Although prospects for getting an immigration bill through Congress this election year are bleak, the White House says that Obama on Tuesday discussed his desire for Democrats and Republicans to build on a proposal by Sens. Chuck Schumer, D-N.Y., and Lindsey Graham, R-S.C.
– The plan calls for illegal immigrants to admit they broke the law, pay fines and back taxes and perform community service if they want to get on a pathway to legal status. They also would be required to pass background checks and be proficient in English.
-Graham since has balked at moving forward on immigration this year, no other Senate Republican has come forward to replace him and Obama insists that nothing will happen on immigration without Republican support that he recognizes is virtually nonexistent.
– Latino leaders said after Monday’s meeting that they will begin working to pressure Republicans to support a bill.
White House press secretary Robert Gibbs said Tuesday that Obama’s speech will largely reiterate past statements on the need for a comprehensive solution, that immigration policy is a federal responsibility and that the U.S. can’t afford a patchwork of state immigration laws.
Arizona recently enacted a law requiring police enforcing another statute to clarify a person’s immigration status if there’s reason to believe the individual is in the U.S. illegally. Several states and communities are considering following Arizona’s lead.
Obama has called Arizona’s law "misguided" and, at his request, the Justice Department is reviewing it for possible civil rights violations.
By ERICA WERNER
– President Barack Obama is enlisting activists and labor leaders in a push for comprehensive immigration legislation that will showcase Republican opposition and include a speech by the president.
The strategy was discussed during a meeting Monday by a range of prominent labor leaders and activist groups. Participants said Obama reiterated his support for immigration legislation but noted the political realities that have stalled it in Congress.
Latino leaders say they will work in coming months to pressure Republicans to give way and support an immigration bill – and make opponents pay at the ballot box if they don’t.
– "We’re going to make absolutely crystal clear who’s at fault here," said Eliseo Medina, a leader of the Service Employees International Union.
Prospects for passage of comprehensive immigration legislation look bleak this election year, and even many Democrats are wary of wading into the hot-button issue. But Obama, who pledged as a candidate to make immigration reform a top priority during his first year in office, faces pressure from the Hispanic community to act – or at least to try.
That’s only intensified in the wake of Arizona’s passage of a controversial law that requires police officers to question a person’s immigration status if there’s reason to suspect the person is in the country illegally. Obama has spoken out against the law and asked the Justice Department to examine its legality. Activists anticipate that the Justice Department will sue to overturn the law, but in Monday’s meeting Obama said that decision would be left up to the department, and he didn’t give a timeline, participants said.
– Also Monday, high-ranking federal officials visited Arizona to brief the governor and others on Obama’s recently announced plans to send National Guard troops to the border. The National Guard decision dismayed some activists, who said there were complaints in the meeting with Obama about the administration’s emphasis on enforcement. But after talking with administration officials Monday, Arizona Gov. Jan Brewer, a Republican, denounced the National Guard deployment as inadequate – illustrating the divide facing Obama over immigration.
The White House said Obama would deliver a speech soon on "the importance of passing comprehensive immigration reform" but didn’t give more details.
Given the difficulties of achieving a comprehensive bill, participants in the White House meeting said there was also discussion of attempting to pass smaller pieces of legislation – such as a bill focused on agricultural workers, or one that would help illegal immigrant youths attend college.
Obama is to meet Tuesday with Hispanic members of Congress.