Ariz. Immigration Law Spreads

By SEAN HIGGINS, INVESTOR'S BUSINESS DAILY Posted 07:11 PM ET

Soon after Arizona passed its immigration law, critics argued that the action would isolate the Grand Canyon state. Boycotts would follow. Businesses would flee.

But the backlash never arrived. Instead, other states are pushing to adopt Arizona's immigration restrictions.

"I've never seen legislation move between the states that quickly," said Will Gheen, head of Americans for Legal Immigration. "We think the law spreading to other states will help to protect Arizona."

Polls have shown that majorities favor the Arizona law, and politicians have jumped on the bandwagon. Tennessee passed a similar law in late June.

Minnesota, Feeling Arizona?

According to media reports and the nonpartisan National Conference of State Legislatures, six other states introduced Arizona-style legislation: South Carolina, Pennsylvania, Minnesota, Rhode Island, Michigan and New Jersey.

The Minnesota, Rhode Island and South Carolina legislatures have ended work for 2010. But pro-restriction groups believe they've set the stage for future action.

Gheen's ALI, which pushes for restrictionist laws at the state level, says 22 states are mulling Arizona-style bills. This broad estimate includes states with lawmakers who have said they intend to pursue bills.


Gubernatorial candidates in 20 states have endorsed Arizona-type legislation, Politico reports.

The trend worries immigrant-rights groups. In a recent conference call by the Florida Immigrant Coalition, sympathetic GOP state Rep. Juan Carlos Zapata conceded that little could be done at the state level.

"If we would have had some action at the federal level — at least a piece of paper that addresses this issue — it would give a lot of states pause before they run off and do their own thing," Zapata said.

Ann Morse, director of NCSL's immigration policy project, thinks Gheen is overly optimistic in saying 22 states are moving on Arizona-like laws. Plus, a year can be a long time in politics and the courtroom.

"I don't expect to see anything until next year. I think everybody is waiting for the court decision," Morse said. "There is a lot of talk, but most people are at the stages where they are still drafting bills."

But if the court battles go the restrictionists' way, Morse expects to see a lot of Arizona-style bills.

"The question is: How far will it get?" she said.

Steve Camarota, research director at the Center for Immigration Studies, which favors restrictionist policies, says states can do a lot beyond adopting Arizona-type laws. One is the Secure Communities program, under which state and local governments can agree to send fingerprints of all arrestees to federal immigration databases.

"The immigration services aren't going to come in every instance (of an illegal getting arrested), but if you are a felon they are going to come," Camarota said. "I expect you'll see a lot more of that."

He cites California's Democratic gubernatorial candidate, Jerry Brown. The longtime liberal has criticized the Arizona law, but as attorney general he rejected a request last month by the San Francisco Police Department to opt out of Secure Communities.

Comprehensive immigration reform never got off the ground in Congress this year. Even the liberal House leadership refused to act, insisting that the Senate go first.

Immigration Fans Back Off

Sens. John McCain of Arizona and Lindsey Graham of South Carolina, longtime backers of comprehensive reform, have backed off. Graham kick-started a national debate on CNN by questioning birthright citizenship, a cause that other Republicans have taken up.

Democrats have sought to downplay their opposition to the Arizona law. Senate Majority Leader Harry Reid, D-Nev., himself in a tough re-election race, has said he supports the Justice Department's suit challenging the law, but the confession came after much prodding from a local journalist.

The situation has pro-immigrant groups grasping for good news. The Campaign for Community Change highlighted McCain's recent Senate primary victory.

"Nativists fail to sway election in Arizona," it trumpeted in a press release, noting that McCain's rival, ex-Rep. J.D. Hayworth, is a longtime critic of illegal immigration.

Left out was the awkward fact that McCain supports Arizona's law and has adjusted his other immigration positions. Pro-immigration groups were reduced to hoping that the change would not last.

"We always think there is space for McCain to come back," said CCC spokeswoman Mary Moreno.

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