The immigration battle |

Immigration is a hot topic in the news and recently the 9^th circuit court of appeals in California upheld a lower court decision that blocked the most contested provisions of Arizona’s immigration law from taking effect. It is widely known, based on decisions of this court in the past, that these decisions are appealed. The result in many cases has seen the decisions by this court reversed.

Immigration is a topic which must be addressed at some point in Congress. How the issue will be addressed and the result of the decisions made at the Federal government level is yet to be seen. In the final analysis, immigration is an issue that is a responsibility of the federal government. This does not and should not mean that states cannot take action to protect themselves and their citizens from illegal immigrants crossing their borders. We look to the federal government in many respects to enforce laws, but given the amount of federal laws and their complexity, gaps may occur.

The current situation with the state of Arizona, involving legislation associated with immigration, is a battle which will undoubtedly reach the Supreme Court before any resolution can take place on the issue. The intent of this article is not to discuss the lawsuit generated, but the overall issue of state rights with regards to federal issues and responsibilities. The issue involved is whether states have the right to take action on specific issues when the federal government is either unwilling or unable to do so. The matter of state rights and responsibilities compared with those of the federal government is not something new. The decision that will be made in the court system on the present dispute will have an impact on what states can or cannot do in the future regarding federal laws of immigration. There is no question that states cannot supersede federal law when creating regulations or laws for their citizens. The court system must decide whether the action taken by Arizona violates the Constitution or the principles and responsibilities given to the federal government.

One of the principle responsibilities of states is to support the needs of their respective citizens. Involved in this responsibility is the protection and safety for not only their citizens but also for visitors to their state. The issue of a state protecting its citizens and keeping them safe is not something states take lightly.

The language of federal laws and regulations are in many cases vague and need legal interpretation as to the intent of each law or regulation as they apply to respective states. The matter of immigration and the actions taken by Arizona to protect their citizens and their borders must be resolved. States basically have full reign to determine the laws and regulations by which their citizens must live, as long as federal laws or regulations are not violated. This is the only limitation placed upon the states through the Constitution.

One of the key issues regarding the current immigration battle is whether any state can generate laws to address federal regulations until the federal government passes the applicable laws. While there are many issues which have national importance, there are sometimes issues which have a greater impact on specific states. The matter of safety and protection for citizens of any state cannot wait for the federal government to determine the requirements. States are duty bound to make whatever laws or regulations are needed to create a safer environment for their citizens.

Each state should work together with the federal government to resolve issues that states face. The current conflict is not the first time this has occurred between state and federal laws and it will probably not be the last. We are a great country and when we work together we have shown that we can solve any issue. The safety of our citizens is the responsibility of government at all levels. It should be the utmost priority of any government to assure that its citizens have a safe environment in which to live and work. The issue at hand is a controversial and complex one with numerous questions that must be resolved before the final requirements can be determined.

As previously mentioned, the ultimate decision regarding the Arizona legislation will more than likely reach the Supreme Court. The verdict will become a precedent setting resolution regarding states rights vs federal responsibilities. In the Constitution, the division between state and federal rights and responsibilities is clearly defined. The question to be answered is whether Arizona exceeded their responsibilities with regards to their decision or whether they were justified, given the nature of the situation and the action, or rather inaction, of the federal government.