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Senator Marco Rubio of Florida, a Republican who is on a talking tour to publicize his proposals for an immigration overhaul, said on Thursday that tighter enforcement at the borders and in workplaces would be central to his plan, which would also offer legal status to millions of illegal immigrants.
In a meeting in New York with reporters and editors of The New York Times, Mr. Rubio said that any broad immigration legislation should create a nationwide exit system to check foreigners out of the country, to confirm that they left before their visas expired. He noted that at least 40 percent of an estimated 11 million illegal immigrants in the country came on legal visas but then overstayed.
Mr. Rubio said he would also insist on a nationwide program for employers to verify the legal authorization of new workers, although he did not specify whether he would favor an expansion of an existing federal electronic worker verification program or seek to create a new one.
Mr. Rubio, 41, the conservative son of blue-collar Cuban exiles who won his Senate seat in 2010 with support from the Tea Party, has been shaking up the Republican Party’s immigration politics with his proposals to offer legal status and eventually American citizenship to immigrants here illegally. Since the November elections, many Republican leaders have said the party should find an alternative to the policy of “self-deportation” for illegal immigrants, which turned many Latino voters away from the party’s presidential candidate, Mitt Romney.
On Monday, Mr. Romney’s running mate, Representative Paul D. Ryan of Wisconsin, shifted to Mr. Rubio’s approach, endorsing the senator’s principles and saying the two would work together on immigration legislation. On Wednesday, Bill O’Reilly, the conservative media personality, added his endorsement, telling Mr. Rubio he liked his program.
“I think it’s fair,” Mr. O’Reilly said, in a notable change for a commentator who has been fiercely critical of illegal immigration. Since Mr. Rubio started to unveil his principles last Friday, they have also been praised by Grover Norquist, the conservative antitax crusader. He also drew support from some longtime advocates for broad legalization legislation.
One of them, Frank Sharry, executive director of America’s Voice, called Mr. Rubio’s proposals “a very welcome and courageous statement from someone who was elected with Tea Party credentials.”
Mr. Rubio, saying immigration would be a top priority for him this year, said he was currently laying out principles and gathering support for them. As a tactical matter, Mr. Rubio is not delving too deeply into the details at this stage.
His plan would give a temporary “nonimmigrant visa” to illegal immigrants, which would allow them to remain and work in the United States. They would have to wait a “significant but reasonable” period of time before they could apply to become legal permanent residents, going to the back of the line in the existing system. Once they became residents, they could go on like other legal immigrants to naturalize as citizens.
“There are millions of people who have applied to enter this country legally,” Mr. Rubio said. “Our message to them cannot be: you should have come illegally because it’s faster and cheaper.”
He acknowledged that major pieces of his plan remain to be worked out. According to current federal visa rosters, most Mexican-born immigrants applying to become permanent residents now face a wait of at least 17 years to receive their document — known as a green card — even if they followed the rules and were approved. Mr. Rubio’s proposal could add seven million more Mexican immigrants to those backlogs. The path to citizenship he proposes for illegal immigrants could be several decades long.
“I don’t have a solution for that question right now,” Mr. Rubio said. He said he would seek to relieve backlogs by speeding up green cards for immigrants already in the legal line, not by creating special pathways for illegal immigrants.
Mr. Rubio’s principles did not sound very different from outlines for an overhaul that President Obama has offered. And the senator, whose star is rising rapidly in his party, chose not to hammer on his differences with the White House. Instead, he said he was open to negotiating because he believed the timing was right to change a failing immigration system. “We just have to get this thing done for once and for all,” Mr. Rubio said.
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Earlier this month, asked about Mitt Romney’s immigration policy, Bettina Inclan, the director of Hispanic outreach for the Republican National Committee, stumbled into the remark that “he’s still deciding what his position on immigration is.” While the campaign distanced itself from the gaffe immediately, the comment was actually good advice, even if unintentional.
During a lengthy primary season, Romney’s effective use of base politics on immigration was a key part of his victory, especially in snuffing out Rick Perry’s potential ascent. But after those strategic attacks, which included Romney’s awkward “self-deportation” plan for illegal aliens, Romney must execute a creative pivot to the middle to attract moderate voters, especially Hispanic moderates. In an election that looks to be razor-close, how effectively Romney recaptures turf in the immigration debate could decide swing states like Nevada, Colorado and Virginia. Looking longer-term, a President Romney would have to find a solution to the immigration issue — a social crisis that has eluded political consensus for two decades — if he wanted to save his party from slow-fuse political suicide.
The immigration wars since 9/11 have left Republicans searching for a formula that allows candidates to survive litmus tests from the right — they must oppose any legalization for lawbreakers — while at the same time heeding the calls from party strategists and business interests to make our wildly outdated immigration policies reflect the realities of the modern international world.
Mary Altaffer/Associated PressMitt Romney and Latino Coalition chairman Hector Barreto Jr., left, at the Latino Coalition’s 2012 Small Business Summit on Wednesday in Washington.Romney dedicated much of the speech he gave to the Latino Coalition earlier this week to education, but here are five policy announcements — of varying degrees of political controversy — that Romney should wrap into a high-minded address on immigration and competitiveness that would capture the middle ground. While the details are important, the tone would be, too – most Americans are weary of bombastic talk radio rhetoric on this issue and are looking for thoughtful, bold leadership.
High-skilled immigration: Romney has already endorsed proposals that would allow more highly skilled scientists to enter the United States under temporary visas and to allow foreign students educated here to receive green cards to allow them to stay here and work. However, these proposals have been blocked in Congress by proponents of a broad amnesty that is a non-starter with most Congressional Republicans. Romney should demand passage of the high-skilled agenda before the graduation of the class of 2013 next spring produces another crop of international leaders, educated here in America, needlessly forced to return home to compete against us. If you graduate with an engineering degree from Stanford, we should staple a green card to your diploma.
Temporary travel: President Obama has seized travel as a means to create jobs in the service sector. He released a national strategy to cut visa wait times and endorsed an expanded list of countries from which tourists and business travelers can come to the United States without a full-fledged visa interview. Romney should build on these goals by promising to expand access to the United States to job creators by allowing visa interviews by videoconference and creating fast-track consideration for businessmen and women looking to purchase American goods, attend American trade shows, or purchase American medical services.
“Good Neighbor” visa: Romney opposes the Democratic version of the Dream Act, which would provide legal status and citizenship to those who arrived in the United States as children. What he needs to find instead is a class of immigrants whose continuing contributions to society are worth protecting. He should propose a new visa category of unlimited duration that allows “good neighbors” to remain in the United States without gaining any special advantage over those who have obeyed the law while seeking to become citizens. This “good neighbors” group would include individuals with a clean criminal record working in the military, in law enforcement, or as a first responder, people who are running businesses with at least 10 employees, or serving as clergy members or teachers. Hundreds of thousands of our neighbors in this “white hat” group are viewed sympathetically by all but the fringes of the American electorate. This would allow Romney to base his immigration policy on a person’s good behavior and contributions to society, rather than the circumstances of his or her arrival. Even those seeking a broader amnesty might see some merit in showing Americans the benefits of recognizing the contributions of immigrants who broke the rules to get here.
Enforcement: Romney has pretty much endorsed a kitchen sink approach to enforcement, but budget realities may complicate his ability to make major additional investments. It is clear that the most cost effective enforcement activity is to concentrate on criminal aliens via the Secure Communities fingerprint program and to implement new employer enforcement checks under the E-Verify program (in tandem with the Good Neighbor program). Even as President Obama has increased deportations, the undeniable truth is that mandating workplace checks is the only effective long-term approach to turning off the jobs magnet attracting illegal labor to this country.
“American Dream” constitutional amendment: The antiquated provision of the Constitution that requires the president to be born on American soil should be repealed. In becoming the first Western democracy to elect a racial minority to the highest office in the land in 2008, the United States once again demonstrated its “melting pot” quality to the world. Allowing any United States citizen, no matter where he or she was physically born, to run for president would send a similar signal that Americans care most about a person’s ideas and character, not race and origin. This goal would also put an appropriate and necessary end to the distraction of the Obama “birther” debate that has captured a sliver of the far right’s attention – most Republicans and moderate voters would embrace this “American Dream” proposal as a way to demonstrate their support of legal immigrants.
Wrapping these five policy announcements into a broader speech about how the United States needs the best talent possible to compete internationally would mesh well with Romney’s broader economic game plan. More urgently, it would reposition Romney for the general election fight by showing a different attitude on immigration and diversity issues. Getting out in front of the issue would also allow him to escape the current legislative debate over fine print of the Dream Act.
To be sure, wading into the immigration battle brings risk of attack from the right and from members of Congress who can coast to re-election in safe districts without worrying about demographic changes that affect national elections. However, unless Romney chooses to unveil a new immigration policy, the election returns coming in from states like Nevada, Colorado and Virginia on Nov. 6 may make this the first presidential election where the immigration issue denied the Republicans a victory well within their grasp.
C. Stewart Verdery Jr. served as lead immigration adviser for the 2008 presidential campaign of Rudolph W. Giuliani and was assistant secretary for policy at the Department of Homeland Security from 2003-2005.
By Jack Gruber, USA TODAYOpponents of Arizona's immigration law rally outside of the United States Supreme Court during arguments Wednesday.
By Jack Gruber, USA TODAYOpponents of Arizona's immigration law rally outside of the United States Supreme Court during arguments Wednesday.
The justices took sharp aim at a portion of the law that requires police officers to determine the immigration status of suspects they've stopped, detained or arrested if a "reasonable suspicion" exists that the person is in the country illegally.U.S. Solicitor General Donald Verrilli argued that forcing all of Arizona's local officers to request so many immigration checks would overwhelm federal officials, and interfere with the federal government's approach of focusing its efforts on the most dangerous illegal immigrants.Chief Justice John Roberts questioned why the federal government would not want a state to assist in identifying illegal immigrants."It seems to me that the federal government just doesn't want to know who is here illegally or not," Roberts said.The Supreme Court will decide on four provisions of Arizona's anti-illegal immigration law, known as SB 1070, that have been blocked by federal courts. They are:Section 2(B): Requires state and local police to perform roadside immigration checks of people they've stopped or detained if a "reasonable suspicion" exists they are in the country illegally.Section 3: Makes it a state crime for illegal immigrants not to possess their federal registration cards.Section 5(C): Makes it a state crime for illegal immigrants to work, apply for work or solicit work in any way, including making a "gesture or nod" indicating they are looking for work.Section 6: Allows state and local police to arrest illegal immigrants without a warrant when probable cause exists that they committed "any public offense that makes the person removable from the United States."Source: USA TODAY researchThe questioning grew so intense that Justice Sonia Sotomayor, one of the liberal justices on the court, told Verrilli to move on to another section. "You can see it's not selling very well," she said.Kris Kobach, Kansas' secretary of State who has helped Arizona and other states write laws cracking down on illegal immigration, attended Wednesday's hearing and said he was surprised at how forcefully the majority of the justices seemed to attack the U.S. government's position."Arizona had a good day today," he said.Karen Tumlin, managing attorney for the National Immigration Law Center, which has sued Arizona and other states over their immigration laws, came out of Wednesday's hearing and said it's "foolhardy" to try to predict the way the Supreme Court justices will rule based on their questions."The justices had a lot of questions about … what's going to be the everyday life of people living under this law," she said. "We're hopeful."Arizona Senate Bill 1070, which passed in 2010, has become a flashpoint for the debate over how to enforce immigration in the U.S. and served as a blueprint for five other states that later adopted similar laws. Four key provisions were blocked by a federal judge before the law took effect, leading to Wednesday's hearing before the Supreme Court. The cramped courtroom was filled for the oral arguments that lasted more than an hour. Arizona Republican Gov. Jan Brewer and the law's architect, former Arizona state Senate president Russell Pearce, sat near civil rights attorneys who have battled the state over the law for the past two years.Justice Antonin Scalia repeatedly asked why Arizona should be barred from policing its own state. After Verrilli argued that the Constitution grants the federal government exclusive powers to enforce immigration in the country, Scalia fired back.
By Jack Gruber, USA TODAYSupporters of Arizona SB 1070 rally outside the United States Supreme Court on Wednesday."If, in fact, somebody who does not belong in this country is in Arizona, Arizona has no power?" Scalia asked. "What does sovereignty mean if it does not include the ability to defend your borders?"Meanwhile, Justices Sotomayor, Stephen Breyer and Anthony Kennedy asked Arizona's attorneys whether the new law would unnecessarily prolong traffic stops and arrests of legal residents and U.S. citizens.Dozens of protesters for and against the law rallied at the base of the court steps as police kept watch over the growing crowd.Opponents of the law chanted "Hey ho, 1070 has got to go!" Members of church groups held a large sign that read "Standing on the side of love."A smaller group of people supporting the law from the American Council of Immigration Reform held signs proclaiming "Thank you Arizona" and "SB1070 supports federal immigration law, President Obama doesn't."Sponsors said the law was necessary because the federal government has failed to control the influx of illegal immigrants into the country, forcing states such as Arizona to grapple with the security concerns and high costs of educating and caring for illegal immigrants. They said the law simply empowered police and state officials to help enforce federal immigration laws.Opponents said it unfairly criminalizes otherwise law-abiding people, opens the door for racial profiling of Hispanics legally in the country and forces state law enforcement to interfere with the intricacies of federal immigration policy.Jim Shee, 73, of Phoenix, was among a group of Arizonans opposed to the law that held a press conference Wednesday in front of the court building before arguments began.Shee, a U.S. citizen and a plaintiff against SB 1070, said he was stopped twice by law enforcement officers in Arizona in April 2010 while driving. He said he was asked for his papers and told he was stopped for looking suspicious."Unless SB 1070 is struck down, I fear I will continue to face racial profiling and discrimination by the state of Arizona simply because of my race and the way I look," he said.Cochise County (Ariz.) Sheriff Larry Dever is a strong supporter of the law, and came out of the courtroom upbeat. He said the law provides critical tools for his deputies to combat illegal immigration in his county, and was pleased by what he heard on Wednesday."It's hard to read the justices, but I think we outshone the opposition by quite a bit," he said.The court is expected to rule by June on the four provisions of the law:•Section 2(B): Requires state and local police to perform roadside immigration checks of people they've stopped or detained if a "reasonable suspicion" exists they are in the country illegally.•Section 3: Makes it a state crime for illegal immigrants not to possess their federal registration cards.•Section 5(C): Makes it a state crime for illegal immigrants to work, apply for work or solicit work in any way, including making a "gesture or nod" indicating they are looking for work.•Section 6: Allows state and local police to arrest illegal immigrants without a warrant when probable cause exists that they committed "any public offense that makes the person removable from the United States."The ruling could have far-reaching effects on the future of state efforts to combat illegal immigration, the daily lives of the nation's 11 million illegal immigrants and, to some degree, the outcome of November's presidential election.Alabama, Georgia, South Carolina, Indiana and Utah passed laws in 2011 that mirrored Arizona's law. The enforcement provisions of those laws have been put on hold by federal judges, so the Supreme Court's decision will affect the fate of all those laws.The expected June court ruling will raise the immigration debate just as the presidential debate kicks into the home stretch. With President Obama's re-election campaign and the Republican Party both launching their Hispanic outreach programs last week to reach an expected 12 million Hispanic voters, the ruling could energize voters on one, or both, sides of the debate.Obama has called the Arizona law "misguided" and his Department of Justice sued the state. Mitt Romney, the former Massachusetts governor and likely GOP presidential nominee, has embraced some of Arizona's efforts to combat illegal immigration and adopted the Arizona-inspired idea of making life so difficult for illegal immigrants that they choose to "self-deport."The law's stated goal for the roughly 400,000 illegal immigrants living in Arizona is "attrition through enforcement" and aims to "discourage and deter the unlawful entry and presence of aliens."Immediately after the law's passage, an untold number of illegal immigrants fled the state. Protests sprang up from Phoenix to Chicago and the state was boycotted by a variety of entities.Despite the vocal criticism, the law was viewed favorably by the people most closely affected by it: Arizonans. Sixty-four percent of residents supported the law, according to a Rasmussen poll conducted shortly after the bill was signed into law.National polls also showed that a majority of Americans — 55% — supported Arizona's efforts, according to a Quinnipiac University poll taken shortly after the law was passed.Arizona officials, including Brewer, have long insisted that SB 1070 is not an attack on Hispanics. The bill's authors have pointed out that the law prohibits officers from engaging in racial profiling, and Brewer said she went to great lengths to ensure that the law did not violate any civil rights."I was born in the Southwest. I grew up in the Southwest, and anybody that has lived here knows what diversity is. It's not like all of a sudden we wake up one day and we're bigots," Brewer said. "We go to school with a diverse population, in our churches, they marry into our families. But if you want to shut down debate, what do you do? You throw out the race card."Contributing: Erin Kelly in Washington; Carolyn Pesce in McLean, Va.
For more information about reprints & permissions, visit our FAQ's. To report corrections and clarifications, contact Standards Editor Brent Jones. For publication consideration in the newspaper, send comments to letters@usatoday.com. Include name, phone number, city and state for verification. To view our corrections, go to corrections.usatoday.com.
2010 photo by Ralph Freso, APEdward Pina protests Arizona's SB1070 immigration-enforcement law in Phoenix.
2010 photo by Ralph Freso, APEdward Pina protests Arizona's SB1070 immigration-enforcement law in Phoenix.
"I knew that it was going to be momentous, but to this extent, I had no realization," Brewer said.On Wednesday, she will be sitting in the gallery of the U.S. Supreme Court as the justices consider the fate of Arizona Senate Bill 1070, which was considered the toughest state immigration enforcement law to date and served as the blueprint for five other states that followed suit the next year.Supporters of the law say it was necessary because the federal government has failed to control the influx of illegal immigrants into the country, forcing states like Arizona to grapple with the security concerns and high costs of educating and caring for illegal immigrants.Opponents say it unfairly criminalizes otherwise law-abiding people, opens the door for racial profiling of Hispanics legally in the country and forces state law enforcement to interfere with the intricacies of federal immigration policy.
By John Moore, Getty ImagesSupporters of Arizona's immigration law SB1070 rallied at the state capitol building on July 31, 2010.The Supreme Court's ruling, expected in June, could have far-reaching effects on the future of state efforts to combat illegal immigration, the daily lives of the nation's 11 million illegal immigrants and, to some degree, the outcome of November's presidential election."This is the most important immigration case in a generation," said Warren Stewart, senior pastor at the First Institutional Baptist Church in Phoenix.The Supreme Court will decide on four provisions of Arizona's anti-illegal immigration law, known as SB 1070, that have been blocked by federal courts. They are:Section 2(B): Requires state and local police to perform roadside immigration checks of people they've stopped or detained if a "reasonable suspicion" exists they are in the country illegally.Section 3: Makes it a state crime for illegal immigrants not to possess their federal registration cards.Section 5(C): Makes it a state crime for illegal immigrants to work, apply for work or solicit work in any way, including making a "gesture or nod" indicating they are looking for work.Section 6: Allows state and local police to arrest illegal immigrants without a warrant when probable cause exists that they committed "any public offense that makes the person removable from the United States."Source: USA TODAY researchJust a month after the court entered into the legal thicket that is health care in America, the justices will be taking up one of the nation's most vexing, political and cultural issues. Once again, the courthouse steps are expected to be crammed with people supporting both sides of the debate. The two gladiators of the health care debate will face off in a packed courtoom: U.S. Solicitor General Donald Verrilli will argue for the federal government, and former solicitor general Paul Clement will defend Arizona. This time, the court will be missing Justice Elena Kagan, who recused herself presumably because of her work as solicitor general under President Obama. That sets up the potential for a 4-4 tie, which would give the U.S. a victory since the injunction originally imposed by U.S. District Judge Susan Bolton in Phoenix, and upheld by the 9th Circuit Court of Appeals in San Francisco, would stand.The case is the culmination of growing frustration in states over the inability of Washington to agree on a way to handle the country's illegal immigrants — a consensus not reached since the Reagan administration. That has resulted in a complex web of state laws that have gone in wildly different directions.
By Tom Tingle, The Arizona Republic, via APArizona Gov. Jan Brewer said she didn’t know what she was starting when she signed her name onto the state’s landmark immigration bill just over two years ago.Since Arizona passed SB 1070, Alabama adopted the toughest-in-the-nation mantle with its immigration law that required K-12 school officials to check the immigration status of all new students. On the other end of the spectrum, Rhode Island joined 12 other states that allow illegal immigrants to receive in-state college tuition. And somewhere in between, Utah adopted a law that adopts Arizona-style enforcement, but also provides for a permit for some illegal immigrants to legally work in the state.
A June court ruling will raise the immigration debate just as the presidential debate kicks into the home stretch. And with Obama's re-election campaign and the Republican Party both launching their Hispanic outreach programs last week to reach an expected 12 million Hispanic voters, the ruling could energize voters on one, or both, sides of the debate.Obama's immigration record as president has been mixed. His administration has set records each year for the number of people it deports — nearly 400,000 last year. But it has focused deportation efforts on illegal immigrants who are convicted criminals, resulting in the highest percentage of deportees having criminal records last year (about 55%) in a decade.Mitt Romney, the former Massachusetts governor and likely Republican nominee, has called Arizona's efforts to combat illegal immigration by cracking down on businesses who hire them — but not the whole law — "a model" for the nation. He has also embraced the Arizona-inspired idea of making life so difficult for illegal immigrants that they choose to "self-deport."A victory in Arizona v. United States would solidify either candidate's argument, but could inspire severe backlash, or support, from the ever-growing Hispanic electorate."It will be a seismic shift in the Latino community," said Angela Kelley of the Center for American Progress, which opposes the Arizona law. "It will be known to every Latino in this country."Bob Dane of the Federation for American Immigration Reform, which supports Arizona's law, said a victory for the U.S. would be a tragic endorsement of Obama's "we won't and you can't" immigration policy and fire up supporters of the state efforts."That will weigh heavily on voters' minds," Dane said.Years in the makingArizona's 2010 immigration law may have caught many by surprise, but the state had been heading in that direction for years.In 2004, Arizona voters passed Proposition 200, which barred illegal immigrants from receiving public benefits. The state passed an anti-human-smuggling act in 2005 to allow prosecutors to charge border-crossers with state crimes. And in 2007, Arizona passed a law aimed at denying work for illegal immigrants. All three laws were challenged by civil rights groups, but all were upheld by federal courts.Then came Senate Bill 1070.The law's stated goal for the roughly 400,000 illegal immigrants living in Arizona is "attrition through enforcement" and aims to "discourage and deter the unlawful entry and presence of aliens." The law expanded the requirements for local and state police to check the immigration status of people, and created new state crimes punishing illegal immigrants.Immediately after the law's passage, an untold number of illegal immigrants fled the state. Protests sprang up from Phoenix to Chicago. The state was boycotted by a wide variety of entities, including the National Council of La Raza, the cities of Los Angeles, St. Paul and Boston, musicians including Rage Against the Machine and Kanye West, and even the Highland Park (Ill.) High School women's basketball team, which pulled out of a tournament in Scottsdale.Activists unsuccessfully tried to get Major League Baseball to move the 2011 All-Star Game from Phoenix. The outcry grew so loud that some called for a boycott of AriZona Iced Tea, prompting the company to issue a statement reminding customers that they were still based in New York.The Center for American Progress, which opposes Arizona's immigration efforts, estimated that the tourism-dependent state would lose an estimated $388 million over three years as as result of the boycotts and negative publicity the law generated.The Department of Justice joined a group of civil rights organizations in lawsuits seeking to halt the law from going into effect. At that time, in April 2010, President Obama called the law "misguided" and said the provisions "threaten to undermine basic notions of fairness that we cherish as Americans."Despite the vocal criticism, the law was viewed favorably by the people most closely affected by it: Arizonans. Sixty-four percent of residents supported the law, according to a Rasmussen poll conducted shortly after the bill was signed into law.National polls also showed that a majority of Americans supported Arizona's efforts — 55% of Americans approved Arizona's law shortly after it was passed, according to a Quinnipiac University poll.On July 28, 2010, the day before the law was set to go into effect, U.S. District Judge Susan Bolton blocked the main portions of the law from going into effect, starting the appeals process that led it to the Supreme Court.Portions of law enforcedStill, Carlos Garcia, a 29-year-old native of Mexico who lives in Phoenix, said the remaining portions of the law, combined with those passed before it, have created a culture of fear in the state for both legal and illegal immigrants. Garcia is a U.S. citizen, but he says most of his relatives are illegal immigrants. In the two years since SB 1070 went into effect, four of his relatives have been arrested — two have been deported, two remain in the country. "There's this perception that everything is OK because 1070 is enjoined," Garcia said. "But people continue to be racially profiled, continue to be detained, continue to be deported."Phoenix police Sgt. Trent Crump said his agency is definitely enforcing the remaining portions of the law.For example, Phoenix police used to prevent its officers from investigating the immigration status of crime victims and witnesses. Crump said the department was forced to remove that restriction because another portion of SB 1070 allows citizens to sue government agencies, including police departments, if they are enforcing federal immigration laws "to less than the full extent permitted by federal law."The penalty is up to $5,000 a day."1070 doesn't allow a lot of interpretation," Crump said. Russell McClurg, a barber in Apache Junction, Ariz., said the law is needed because the federal government had ignored the financial and security burdens thrust upon the state by an open border with Mexico."The only ones who seem to be sticking up for Arizonans are the Arizonans," said McClurg, 72. "You'd think the federal government would be more help, but they seem more interested in fighting us."The clearest image of that battle came when Obama visited Arizona in January and met Brewer on the tarmac, where photographs showed the Republican governor pointing her finger at the president. Brewer later downplayed the scene, but her office has strongly defended the state's economic recovery since the immigration law was passed.As of February, the state had added 42,6000 new, non-farm jobs over the previous year, and state revenues have increased 8.7% so far in 2012. The Arizona Office of Tourism found the state generated $17.7 billion in direct travel spending in 2010 — a 7.9% increase over the previous year. Brewer said there may have been a negative effect in the immediate aftermath of the law, but that the state has rebounded and the "Arizona comeback" is here."Businesses are coming. People are recruiting," Brewer said. "We should get a lot of kudos for what we've accomplished."Arguments before high courtWhen the case goes before the Supreme Court, the justices will not be ruling on the entire law, but four provisions that were blocked.That includes portions requiring police to check the immigration status of people during traffic stops and creating state crimes for illegal immigrants failing to carry proof of immigration or trying to solicit work.In court filings, Arizona argues that the federal government has failed to adequately secure the border from illegal crossers, and that Arizona is bearing the brunt of that failure. The state says a third of the immigrants illegally crossing into the U.S. did so through Arizona and the "accompanying influx of illegal drugs, dangerous criminals and highly vulnerable persons, have resulted in massive problems for Arizona's citizens and government."Arizona argues that it's not going beyond federal immigration laws, but only assisting the feds carry out their laws. Arizona attorneys point out that it's a federal misdemeanor for illegal immigrants to not possess their federal registration cards, and that creating a state law for the same crime is merely an attempt to help federal officials implement that law.The Department of Justice counters that the federal government has gone to great lengths to crack down on illegal immigration. President Obama, continuing the policies of his predecessors, has continued funding enforcement along the Southwest border, resulting in more than 4,000 Border Patrol agents, 350 Immigration and Customs Enforcement special agents and 40 Department of Homeland Security aircraft in Arizona alone.And while some of the new Arizona laws may mirror federal laws, Justice attorneys argue that state and local police officers are not properly trained to implement them. Requiring them to understand complex federal immigration policies is unwise, they argue, and errors could lead to foreign relations problems."As the Framers understood, it is the National Government that has ultimate responsibility to regulate the treatment of aliens while on American soil, because it is the Nation as a whole — not any single State — that must respond to the international consequences of such treatment," the government's brief reads.Predicting how the court rules could come down to a question of precedent versus politics, said Erwin Chemerinsky, dean of the University of California-Irvine School of Law.Chemerinsky said the U.S. should prevail if the justices stick to court precedent. He points to a 1941 case, Hines v. Davidowitz, where the court struck down a Pennsylvania immigration law that bears similarities to Arizona's, including the requirement that immigrants carry federal registration papers. The court ruled that immigration enforcement requires important foreign policy considerations, meaning states could not "conflict" or "complement" federal immigration efforts."If I just predicted based on law, SB 1070 should be deemed preempted and it should be a lopsided decision," Chemerinsky said. "But the politics are so intense and the Court is conservative."Kris Kobach, the secretary of state of Kansas who has helped Arizona and other states craft their anti-illegal immigrant laws, disagrees with that assessment. He points out that Arizona is three-for-three in defending its recent laws in courts, and said that of all the laws, SB 1070 stands on the strongest Constitutional grounds.He points to a 1976 Supreme Court ruling in De Canas v. Bica, in which the justices upheld a California law that created criminal sanctions against state employers who hired illegal immigrants. That precedent was backed up just last year, when the court ruled 5-3 in Chamber of Commerce v. Whiting that Arizona could restrict business licenses for companies that knowingly hired illegal immigrants."What the court laid out was a roadmap," Kobach said of the De Canas v. Bica ruling. "If there's no conflict with any federal statue … then the state action is perfectly fine."A debate over civil rights?While the justices are expected to rule strictly on the four provisions in the law, many are viewing the case as a barometer of civil rights in America today."Despite the fact that this is, on legal terms, about the structure of government and specifically federal supremacy and the relationship between states and the federal government … this is clearly a civil rights case," said Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund, which is one of the groups that sued Arizona.Arizona officials, including Brewer, have long insisted that SB 1070 is not an attack on Hispanics. The bill's authors have pointed out that the law specifically prohibits officers from engaging in racial profiling.Brewer said she went to great lengths to ensure that SB 1070 did not violate any civil rights and expressly forbade racial profiling. She said the reaction by some, where she and Arizona legislators have been branded as racists, has led to many sleepless nights."I was born in the Southwest. I grew up in the Southwest, and anybody that has lived here knows what diversity is. It's not like all of a sudden we wake up one day and we're bigots," Brewer said. "We go to school with a diverse population, in our churches, they marry into our families — but if you want to shut down debate, what do you do? You throw out the race card."Kobach considers the Supreme Court case his "final exam." Kobach, as a law professor at the University of Missouri-Kansas City and in his current role as a Kansas state official, has helped states write and implement anti-illegal immigration laws around the country.Kobach helped Arizona legislators craft the three previous immigration bills that have survived judicial scrutiny. And now he sees the ruling on SB 1070 as the final piece.If the court rules in Arizona's favor, then it will "vindicate the work I've been doing for many years."If not?"Then I'll have to go back to the drawing board," he said.For more information about reprints & permissions, visit our FAQ's. To report corrections and clarifications, contact Standards Editor Brent Jones. For publication consideration in the newspaper, send comments to letters@usatoday.com. Include name, phone number, city and state for verification. To view our corrections, go to corrections.usatoday.com. Florida Sen. Marco Rubio spent the week in the spotlight as the latest potential running mate for presumptive Republican presidential nominee Mitt Romney. The Hispanic lawmaker, anointed as the party's best hope for appealing to more Latino voters, came loaded for bear — rolling out an alternative to the Democrats' Dream Act.
Rubio has released few details of his plan to address illegal immigration, and says he wants to introduce a bill in the Senate in June. But, like the Democrat-backed version defeated by Senate Republicans in 2010, the legislation would help young people brought to the U.S. as children stay in the country legally if they attend college or serve in the military. By most estimates, between 800,000 and 1.2 million people would be eligible.
The key distinction between the Rubio and Democratic plans is in how people would be legalized. The original act would put people on a path to citizenship. Rubio's plan would stop short by issuing non-immigrant visas allowing recipients to remain in the U.S. for college or military service.
Rubio's critics say his plan would create a permanent second class of people unable to obtain the full rights of citizenship. Supporters, however, say visa recipients could still apply for citizenship through the existing process, which can take a decade or longer.
In contrast, Democrats say, their plan would naturalize people as citizens far sooner.
Rubio's Evolution On The Issue
Rubio's move is a departure from the hard line on illegal immigration he took while running for the Senate in 2010, angering many Hispanic groups who had hoped he would help push Republicans toward a pro-citizenship stance.
Rubio, 40, the son of Cuban immigrants, ran as a Tea Party favorite and avowed conservative. Since then, he has softened his position, having publicly urged fellow Republicans to tone down their hostile rhetoric about illegal immigrants before weighing in with his proposal.
With his considerable political talents, and hailing from an important presidential battleground state, Rubio has emerged as his party's most prominent Latino.
Hispanics' rapid population growth will give them a pivotal role in the 2012 elections, particularly in some battleground states. As a vice presidential candidate, or perhaps in some other prominent role in the Romney campaign, Rubio could help the Republican Party siphon Hispanic votes from the Democrats.
The political crosscurrents at play are dizzying. People on all sides of the immigration debate are closely watching Rubio assume the forbidding task of carefully crafting a proposal that meets several objectives: help repair the GOP brand among Hispanics; appeal to non-Hispanic independent voters who favor a path to citizenship; and upend President Obama and the Democrats' advantage on the issue, all without angering conservatives.
Here's a sampling of the wide range of opinions about Rubio's version of the Dream Act. This story continues below the graphic.
Obama seemed to derisively allude to the Rubio plan in a recent interview with the Spanish-language network Telemundo: "This notion that somehow Republicans want to have it both ways — they want to vote against these laws and appeal to anti-immigrant sentiment ... and then they come and say, 'But we really care about these kids and we want to do something about it' — that looks like hypocrisy to me."
He's not the only presidential candidate who might feel pressure. Romney himself must consider whether to embrace Rubio's proposal and risk being lambasted again by conservatives and the Obama campaign as a flip-flopper. The last Republican presidential nominee, Arizona Sen. John McCain, lost to Barack Obama in part because he was unable to energize conservatives, who hadn't forgiven him for the McCain-Kennedy immigration bill, which would have set a path to citizenship.
So far, reactions to the Rubio proposal have been mixed, even unexpected. For instance, some immigrant advocates who usually side with the Democrats on the issue have enthusiastically gotten behind Rubio, even though his plan appears to fall short of the original Dream Act. Their decision was made easier by their frustrations over Obama's failure to get the original act through Congress, as well as the record number of deportations processed by his administration.
Sen. Marco Rubio, R-Fla., the son of Cuban immigrants, has urged his fellow conservatives to soften their rhetoric on illegal immigration. Above, he makes a campaign stop with Republican presidential candidate Mitt Romney on Monday in Aston, Pa.
Florida Sen. Marco Rubio spent the week in the spotlight as the latest potential running mate for presumptive Republican presidential nominee Mitt Romney. The Hispanic lawmaker, anointed as the party's best hope for appealing to more Latino voters, came loaded for bear — rolling out an alternative to the Democrats' Dream Act.
Rubio has released few details of his plan to address illegal immigration, and says he wants to introduce a bill in the Senate in June. But, like the Democrat-backed version defeated by Senate Republicans in 2010, the legislation would help young people brought to the U.S. as children stay in the country legally if they attend college or serve in the military. By most estimates, between 800,000 and 1.2 million people would be eligible.
The key distinction between the Rubio and Democratic plans is in how people would be legalized. The original act would put people on a path to citizenship. Rubio's plan would stop short by issuing non-immigrant visas allowing recipients to remain in the U.S. for college or military service.
Rubio's critics say his plan would create a permanent second class of people unable to obtain the full rights of citizenship. Supporters, however, say visa recipients could still apply for citizenship through the existing process, which can take a decade or longer.
In contrast, Democrats say, their plan would naturalize people as citizens far sooner.
Rubio's Evolution On The Issue
Rubio's move is a departure from the hard line on illegal immigration he took while running for the Senate in 2010, angering many Hispanic groups who had hoped he would help push Republicans toward a pro-citizenship stance.
Rubio, 40, the son of Cuban immigrants, ran as a Tea Party favorite and avowed conservative. Since then, he has softened his position, having publicly urged fellow Republicans to tone down their hostile rhetoric about illegal immigrants before weighing in with his proposal.
With his considerable political talents, and hailing from an important presidential battleground state, Rubio has emerged as his party's most prominent Latino.
Hispanics' rapid population growth will give them a pivotal role in the 2012 elections, particularly in some battleground states. As a vice presidential candidate, or perhaps in some other prominent role in the Romney campaign, Rubio could help the Republican Party siphon Hispanic votes from the Democrats.
The political crosscurrents at play are dizzying. People on all sides of the immigration debate are closely watching Rubio assume the forbidding task of carefully crafting a proposal that meets several objectives: help repair the GOP brand among Hispanics; appeal to non-Hispanic independent voters who favor a path to citizenship; and upend President Obama and the Democrats' advantage on the issue, all without angering conservatives.
Here's a sampling of the wide range of opinions about Rubio's version of the Dream Act. This story continues below the graphic.
Obama seemed to derisively allude to the Rubio plan in a recent interview with the Spanish-language network Telemundo: "This notion that somehow Republicans want to have it both ways — they want to vote against these laws and appeal to anti-immigrant sentiment ... and then they come and say, 'But we really care about these kids and we want to do something about it' — that looks like hypocrisy to me."
He's not the only presidential candidate who might feel pressure. Romney himself must consider whether to embrace Rubio's proposal and risk being lambasted again by conservatives and the Obama campaign as a flip-flopper. The last Republican presidential nominee, Arizona Sen. John McCain, lost to Barack Obama in part because he was unable to energize conservatives, who hadn't forgiven him for the McCain-Kennedy immigration bill, which would have set a path to citizenship.
So far, reactions to the Rubio proposal have been mixed, even unexpected. For instance, some immigrant advocates who usually side with the Democrats on the issue have enthusiastically gotten behind Rubio, even though his plan appears to fall short of the original Dream Act. Their decision was made easier by their frustrations over Obama's failure to get the original act through Congress, as well as the record number of deportations processed by his administration.