Wednesday, April 25, 2012

Congress Becoming Irrelevant

colorlines.com
Today's arguments before the Supreme Court challenging the State of Arizona's immigration law is one more example of this Congress becoming irrelevant.  The Federal Government, specifically the Justice Department of President Barack Obama, is challenging Arizona's new immigration law.  The question before the Supreme Court is the law's enforcement but the justices could use Arizona's appeal to rule on the broader constitutional question.  Do states have authority to enforce their own immigration laws usurping what has been the exclusive role of the federal government. 

Although Arizona's law was passed by their own legislature and signed into law by their governor, the United States Congress has once again failed to reach any type of agreement on immigration issues, enforcement, amnesty or the Dream Act.  Their failure to address and discuss immigration continues to create issues like the ones that Arizona and other states across the country face.  One finds it hard to argue Arizona's interest in protecting their state and their people.  Resources are committed to caring and providing for individuals who are illegally in this nation and their state.  Is it fair for the people of Arizona to have to pay for services including education and health services for folks who aren't legal citizens. 
motherjones.com

At the same time, Arizona's law appears to go a little too far and opens up enforcement to acts of racial profiling and unfair detention of the Hispanic population.  The four provisions of the Arizona law that come into play before the Supreme Court include the requirement that local police officers check a person's immigration status while enforcing other laws.  Secondly, a provision authorizing police to arrest immigrants without warrant where "probable cause" exists that they committed any public offense.  The third provision is a section making it a crime for "unauthorized immigrants" to fail to carry registration papers and other government identification.  Lastly, a ban on those not authorized for employment in the United States to apply, solicit or perform work.

The overriding issue however is the federal government's willingness to enforce the law and create additional laws if necessary to effectively deal with immigration.  Congress has failed to deal with the issue opening the door for the states to create their own enforcement capability.  Rather than sit and talk, negotiate and create an immigration law that works for both political parties and for immigrants, Congress sits on their hands and allows the Supreme Court to do their job. 

The Supreme Court now has two major issues that they are contemplating that will significantly impact everyday life in America.  The Arizona immigration law and the Affordable Health Care Act.  This Congress continues to fail in every way for the American people.  Ideology of the two parties is what lawmaking in Washington is all about.  Forget the people and the needs of the nation.  One has to wonder what will come next for the Supreme Court to act on?  Education, Social Security, Medicare or any number of other issues that our nation lawmakers should be working on together.

Ordinarily one would hope for major change in November of those who occupy the hallowed corridors of our nation's capitol.  Maybe we should leave that up to the Supreme Court too.  Oh, I forgot, we did do that once before!