Homeland security pick Napolitano expected to reassert federal authority on immigration

06:43 PM CST on Monday, December 1, 2008

By DAVE MICHAELS / The Dallas Morning News
dmichaels@dallasnews.com

WASHINGTON – As governor of Arizona, Janet Napolitano pushed the federal government to take more responsibility for illegal immigration. When it didn't do so, she signed a state law that filled the vacuum, establishing the nation's toughest penalties for companies that hire illegal workers.
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Analysts expect Ms. Napolitano, introduced Monday as President-elect Barack Obama's choice for secretary of homeland security, to lead an effort to reassert federal authority over immigration. Her record as a proponent of enforcement signals that Mr. Obama will balance border-security concerns with the demands of employers wanting more foreign labor, they said.

"The governor understands that immigration is a federal responsibility, and she has made that pretty clear by asking for federal help," said James W. Ziglar, senior fellow at the Migration Policy Institute and a former commissioner of the Immigration and Naturalization Service.

Ms. Napolitano's appointment presents an opportunity for Texas officials who frequently questioned Mr. Bush's direction on immigration policy.

"She brings an understanding of the dynamic between strong border security, and at the same time not impeding trade and tourism and retail, which are so important to our border economies," said Rep. Henry Cuellar, D-Laredo, who spoke to Ms. Napolitano on Monday.

Gov. Rick Perry, a Republican, agreed with Ms. Napolitano, a Democrat, on two high-profile initiatives. Both governors opposed the decision to fence the entire 1,950-mile southern border and, later, to withdraw National Guard troops who helped police the border.

Of the border fence, Ms. Napolitano famously said: "You show me a 50-foot wall, and I'll show you a 51-foot ladder."

"As a fellow border governor, she knows the security implications of a porous international border," said Katherine Cesinger, a spokeswoman for Mr. Perry. "Governor Perry would certainly look forward to working with her in her new capacity."

Ms. Napolitano has supported the concept of a "virtual fence," or using surveillance and technology to monitor smugglers.

Her nomination was applauded by business groups who think she'll support efforts to expand guest-worker programs.

As governor, Ms. Napolitano pushed for so-called comprehensive immigration reform. She has supported a temporary worker program and called for a national employer-verification system.

"It's our belief that she shares our concerns about allowing enough legal immigration to meet the needs of employers," said Bill Hammond, president of the Texas Association of Business.

But last year, Ms. Napolitano signed a law opposed by most business groups. It mandates that Arizona businesses check their employees' legal status using a DHS database known as E-Verify. Employers who run afoul of the law can ultimately lose their business license.

Groups such as the U.S. Chamber of Commerce called the measure "heavy-handed" and said it relied on a flawed database.

Angela M. Kelley, director of the Immigration Policy Center, said she suspects Ms. Napolitano won't promote Arizona's experience with E-Verify as a national model, though.

Roy Beck, executive director of Numbers USA, a group that wants limits on immigration, said Ms. Napolitano only grudgingly signed the law.

"This is something that senators ought to really challenge her in confirmation hearings," he said. "Is she going to carry water for the U.S. Chamber?"

Nonetheless, her appointment signals that Mr. Obama may take a moderate stance on immigration, Mr. Beck said.

"I just did not expect a person who campaigned on amnesty to pick that good of a DHS head," Mr. Beck said. "It could have been a lot worse."

Staff writer John Riley contributed to this report.
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