States' rights a hot-button issue as Californians ponder immigration reform

July 22, 2010
By Howard | Nassiri, PC on July 22, 2010 7:02 AM |

An opinion piece in the Sacramento Bee argues that we must support a state's rights to act on immigration reform in the absence of a federal response.

The piece comes as a federal judge hears a lawsuit that seeks to block Arizona's immigration law from taking effect on July 29. As our Los Angeles immigration lawyers reported last month on our California Immigration Attorney Blog, the federal government argues that the Arizona law circumvents federal authority, upsets the balance of federal law enforcement priorities and could even impact homeland security.

The article cites the removal of some 30,000 illegal immigrants who were criminals. We won't waste our breath on that here, other than to point out that the criminal issue is nothing more than a scare tactic by anti-immigration advocates. The vast majority of immigrant families are hardworking, law abiding, would-be citizens. In reality, a greater percentage of criminals would likely be found upon studying the areas legal residents.

What our Riverside immigration attorneys find to be a more compelling argument is the contention that states' rights should not be infringed. We think simply flipping the table and looking at the issue from the other direction dilutes that argument. After all, what would have happened, if instead of cracking down on undocumented immigrants, Arizona had thrown open the border and welcomed Mexican citizens with open arms?

We think the government's argument about homeland security and law enforcement priorities would look much stronger -- which means it must be viewed so in this case. Yet isn't that what California has done with the medical marijuana issue and the upcoming ballot issue aimed at legalizing marijuana?

Taken something that is against federal law and legalized it?

Does that mean that when the federal government ultimately passes immigration reform, states that are in disagreement will be free to change the law by adopting state rules and regulations? We think we will be hearing much more about the issues of state's rights before the issue of immigration reform is ultimately settled.

The Anaheim immigration attorney at HOWARD | NASSIRI offer confidential appointments to discuss your rights. Call 1-800-872-5925 or contact us through this website.