http://www.pennlive.com

Patchwork immigration laws hurt all our citizens
Sunday, October 01, 2006
NELSON A. DIAZ
As the immigration debate is waged nationwide, I'm distressed to see that many cities and other municipalities are proposing their own ordinances on immigration.

While Hazleton has received much media attention, that city is not alone in mistakenly thinking it can solve a national problem.

My views on immigration and how we treat people who come to this country looking for a better life are based on my life experiences. I was the first Latino judge in Pennsylvania. I served as general counsel for the U.S. Department of Housing and Urban Development in the 1990s. I also was the city solicitor in Philadelphia at a time when immigrants were repopulating abandoned neighborhoods.

As a lawyer, I know that it is difficult for any city to write a law that will provide effective solutions to our nation's immigration problems. It is even harder to write a law that will impact only "illegal aliens."

The U.S. Constitution gives exclusive power over immigration to the federal government. Our nation's security depends on our having a uniform law written by Congress. We cannot have a patchwork of inconsistent immigration laws that vary from state to state and town to town.

Federal immigration law is complex, including the determination of a person's status. Most Americans probably do not realize that there is no simple and accurate way of determining whether someone is legal. Proof of legal immigration status comes in various forms, ranging from passport inserts to letters from the immigration service to court decisions and orders. Even the federal government has been known to make mistakes in determining status.

It is not simply a matter of "illegal is illegal." An immigrant is not illegal until an order for deportation has been issued. There are many ways a person who arrived here undocumented, or who arrived here documented and overstayed, can become a legal resident and eventually a U.S. citizen.

Too many Americans do not realize that people born in Puerto Rico are their fellow citizens and that, by law, they are not required to speak English. Someone from Puerto Rico who comes to this state is here legally and enjoys the same rights as someone born in Pennsylvania. It is unfair and demeaning to demand that they prove that they are citizens when their fellow U.S. citizens are not.

It is inevitable that any law that attempts to target illegal immigrants will ultimately result in discrimination against thousands of citizens and legal immigrants. Lest they risk incurring costly fines or sanctions, employers and landlords will be unwilling to deal with anyone who speaks with an accent or appears to be from another country. Puerto Ricans, who already face discrimination, and those who have completed the process for becoming American citizens will feel the sting of these laws.

When I was general counsel at HUD, we enforced the Fair Housing Act, which prohibits discrimination in the sale or rental of housing because of national origin. I cannot fathom how local ordinances denying housing to undocumented persons do not violate the Fair Housing Act.

Furthermore, it is virtually impossible to craft a local immigration law that will not have an adverse impact on our children, whether U.S. citizens, undocumented or documented. What will happen to the sons and daughters of undocumented immigrants when their parents can't find housing or employment? Are we ready to let these innocent young people suffer for actions they did not take? Do we really want to break up families, particularly hard-working immigrant families, in the fight against illegal immigration?

Aside from the practical difficulties of writing a local ordinance that will withstand constitutional scrutiny, I wonder whether we will enjoy a growing and prosperous economy if local governments adopt such ordinances. In Pennsylvania, there are thousands of businesses that rely on migrant workers and immigrants. Our farmers will suffer if they do not have people to pick their products. Immigrants are just as vital to our hospitality industry and the service sector.

Pennsylvania needs people to come and help to revitalize this state. Indeed, recent immigrants are largely responsible for the resurgence of Hazleton and other nearby cities. Unfortunately, these local ordinances send the wrong message to those thinking about moving to Pennsylvania. They scare away some of the people we need if we are going to thrive in the 21st century.

Anybody who has visited Philadelphia recently can't help but notice the new life there is in many of the city's neighborhoods thanks to immigrants. Businesses have been started, homes have been fixed up and many new cultural opportunities are readily available. Philadelphia, as many other cities, has done quite well thanks to the immigrants who have come to make a new and better life.

All of my experiences teach me that we should look to enact laws and adopt policies that truly welcome people. Rather than trying to figure out how to do the impossible -- make 11 million to 12 million people leave this country -- Pennsylvanians should be thinking about the positive improvements immigrants continue to bring to our communities.

We should seize this opportunity to make our country and our state stronger and more diverse. We can all enjoy a richer future if we work with those who want to be here and work with us to build an even greater state and nation.