The argument used by the Justice Department is that the new law conflicts with federal law and undermines foreign policy objectives. The lawsuit is the second attempt ofthe federal government to block in court a state immigration law, after challenging last year Arizona’s law. The controversial law SB1070 was temporarily blocked in key parts by a federal judge.
The legal battle between federal and state governments is framed by a bigger national debate about the role of immigration in contemporary United States. Several states are embracing similar laws in an effort to solve a problem that, they said, is neglected by the federal government. Georgia, South Carolina, Maryland, Utah and Indiana, have followed Arizona and Alabama's example by approving controversial immigration laws that will surely attract the attention of the Justice Department.
The Obama Administration argues that immigration is a federal issue and as such, state laws don’t apply to it. US Attorney for the Northern District of Alabama, Joyce Vance, is quoted by the Washington Post clearly explaining the federal position: “To put it in terms we relate to here in Alabama, you can only have one quarterback in a football game. In immigration, the federal government is the quarterback.”
State governments response is that the Obama Administration is not enforcing the law on immigration as it should, and that they have to solve the issue by themselves, trying to fill what they see as a legal vacuum.
Meanwhile in Washington, turbulent political times, don’t allow to even discuss the much-needed immigration reform, as nobody wants to take any risks before next year's elections. So, there is a federal government responsible of enforcing immigration laws, that doesn’t enforce them, states pushing their own regulations that get mostly blocked by the federal government, and no signs of a true federal immigration reform. No wonder the people are feeling that illegal immigration is out of control.
Nevertheless, statistics show that Mexican migration is diminishing, as this report of OECD says: “All signals point to substantial reductions in cross-border movement between Mexico and the United States…”, pointing to a reduction of the annual rate of Mexican migration in 40% from 2006 to 2009, according to CNN.
The real problem is not that states are trying to become the “quarterbacks” of immigration, but the draconian measures taken by the state laws. Alabama’s law, for instance, criminalizes illegal immigrants who solicit work and prohibits landlords from renting to them. It could also “…result in the harassment and incarceration of lawful resident aliens – and even US citizens…” according to the federal complaint filed yesterday, getting to the extreme of curtailing civil rights to US citizens.
The law was set to take effect on September 1st, but now that will depend on the decision of a federal judge.
