Judge doubts the constitutionality of Arizona's immigration law

U.S. District Judge Susan Bolton says the provision that makes lacking immigration documents a crime may violate prior rulings that bar states from creating their own immigrant registration systems.

By Nicholas Riccardi, Los Angeles Times
1:12 PM PDT, July 22, 2010
Reporting from Phoenix


A federal judge on Thursday expressed skepticism that a key part of a controversial Arizona law to control illegal immigration is constitutional.

U.S. District Judge Susan Bolton noted at a hearing that the U.S. Supreme Court has long barred states from creating their own immigrant registration systems. She said the Arizona measure's stipulation that makes a crime of failing to have immigration documents may violate that.

John Bouma, the attorney representing Arizona Gov. Jan Brewer, tried to convince Bolton otherwise but eventually gave up. "I didn't have the feeling I persuaded you last week either," he said, alluding to a previous hearing.

Bolton did not issue a ruling.

The statements came as Bolton heard arguments from civil rights groups urging her to stop the law from going into effect July 29. The Obama administration has also sought an injunction. Its arguments will be heard later Thursday afternoon.

Omar Jadwat, an attorney with the ACLU, argued that the law, SB 1070, ignores the complexities of the federal immigration system to focus on trying to drive illegal immigrants from the state. "What we're facing here," he said, "is an attempt by a state to create an interrelated system of immigration laws that displace the federal" statutes.

Bouma said Arizona was only trying to enforce federal laws the U.S. government is ignoring. He urged Bolton not to enjoin the law."

We're talking about an extraordinary remedy," he said, referring to the requests to halt SB 1070 from taking effect. "We're talking about imposing on the sovereignty of the state."

In addition to making a lack of immigration documents a state crime, the law requires police officers to determine the immigration status of people they lawfully stop who they suspect are in the country illegally. Supporters argue that SB 1070 is needed to protect Arizona from crime spilling over from Mexico.

But civil rights groups contend that the measure will lead to racial profiling, and the Obama administration has said it is an unconstitutional attempt by a state to regulate immigration, which is a federal responsibility.

nicholas.riccardi@latimes.com
Copyright © 2010, The Los Angeles Times

The DREAM Act: Creating Opportunities for Immigrant Students and Supporting the U.S. Economy


July 13, 2010

Washington D.C. - Today, the Immigration Policy Center releases a Fact Check on the DREAM Act. Each year, approximately 65,000 undocumented students graduate from high school, many at the top of their classes, but cannot go to college, join the military, work, or otherwise pursue their dreams. They belong to the 1.5 generation - any (first generation) children brought to the United States at a young age by their parents who were largely raised in this country and therefore share much in common with American born-children. These students are culturally American, growing up here and often having little attachment to their country of birth. They tend to be bicultural and fluent in English. Many don't even know that they are undocumented immigrants until they apply for a driver's license or college, and then learn they lack Social Security numbers and other necessary legal documents.

The plight of the DREAM Act students encapsulates many facets of today's immigration crisis. Caught in a system where there is little, if any, means for legalizing their status, smart, hard-working kids face an uncertain future because of their inability to continue their education, work, or join the military. The loss of potential, productivity, and hope for these individuals is also a loss for this country. The United States is missing out on talented workers and entrepreneurs, and is losing vital tax revenues and other economic contributions. While fixing this particular problem will hardly resolve the need for comprehensive immigration reform, it will unlock the door to the American dream for thousands of young people each year.

To view the fact sheet it its entirety see:

Remarks by the President on Comprehensive Immigration Reform

The White House
Office of the Press Secretary
For Immediate Release
July 01, 2010

Remarks by the President on Comprehensive Immigration Reform
American University School of International Service, Washington, D.C.
11:12 A.M. EDT

THE PRESIDENT: Thank you very much. Thank you. Thank you. (Applause.) Everyone please have a seat. Thank you very much. Let me thank Pastor Hybels from near my hometown in Chicago, who took time off his vacation to be here today. We are blessed to have him.

I want to thank President Neil Kerwin and our hosts here at American University; acknowledge my outstanding Secretary of Labor, Hilda Solis, and members of my administration; all the members of Congress -- Hilda deserves applause. (Applause.) To all the members of Congress, the elected officials, faith and law enforcement, labor, business leaders and immigration advocates who are here today -- thank you for your presence.

I want to thank American University for welcoming me to the campus once again. Some may recall that the last time I was here I was joined by a dear friend, and a giant of American politics, Senator Edward Kennedy. (Applause.) Teddy’s not here right now, but his legacy of civil rights and health care and worker protections is still with us.

I was a candidate for President that day, and some may recall I argued that our country had reached a tipping point; that after years in which we had deferred our most pressing problems, and too often yielded to the politics of the moment, we now faced a choice: We could squarely confront our challenges with honesty and determination, or we could consign ourselves and our children to a future less prosperous and less secure.

I believed that then and I believe it now. And that’s why, even as we’ve tackled the most severe economic crisis since the Great Depression, even as we’ve wound down the war in Iraq and refocused our efforts in Afghanistan, my administration has refused to ignore some of the fundamental challenges facing this generation.

We launched the most aggressive education reforms in decades, so that our children can gain the knowledge and skills they need to compete in a 21st century global economy.

We have finally delivered on the promise of health reform -– reform that will bring greater security to every American, and that will rein in the skyrocketing costs that threaten families, businesses and the prosperity of our nation.

We’re on the verge of reforming an outdated and ineffective set of rules governing Wall Street -– to give greater power to consumers and prevent the reckless financial speculation that led to this severe recession.

And we’re accelerating the transition to a clean energy economy by significantly raising the fuel-efficiency standards of cars and trucks, and by doubling our use of renewable energies like wind and solar power -- steps that have the potential to create whole new industries and hundreds of thousands of new jobs in America.

So, despite the forces of the status quo, despite the polarization and the frequent pettiness of our politics, we are confronting the great challenges of our times. And while this work isn’t easy, and the changes we seek won’t always happen overnight, what we’ve made clear is that this administration will not just kick the can down the road.

Immigration reform is no exception. In recent days, the issue of immigration has become once more a source of fresh contention in our country, with the passage of a controversial law in Arizona and the heated reactions we’ve seen across America. Some have rallied behind this new policy. Others have protested and launched boycotts of the state. And everywhere, people have expressed frustration with a system that seems fundamentally broken.

Of course, the tensions around immigration are not new. On the one hand, we’ve always defined ourselves as a nation of immigrants -- a nation that welcomes those willing to embrace America’s precepts. Indeed, it is this constant flow of immigrants that helped to make America what it is. The scientific breakthroughs of Albert Einstein, the inventions of Nikola Tesla, the great ventures of Andrew Carnegie’s U.S. Steel and Sergey Brin’s Google, Inc. -– all this was possible because of immigrants.

And then there are the countless names and the quiet acts that never made the history books but were no less consequential in building this country -- the generations who braved hardship and great risk to reach our shores in search of a better life for themselves and their families; the millions of people, ancestors to most of us, who believed that there was a place where they could be, at long last, free to work and worship and live their lives in peace.

So this steady stream of hardworking and talented people has made America the engine of the global economy and a beacon of hope around the world. And it’s allowed us to adapt and thrive in the face of technological and societal change. To this day, America reaps incredible economic rewards because we remain a magnet for the best and brightest from across the globe. Folks travel here in the hopes of being a part of a culture of entrepreneurship and ingenuity, and by doing so they strengthen and enrich that culture. Immigration also means we have a younger workforce -– and a faster-growing economy -- than many of our competitors. And in an increasingly interconnected world, the diversity of our country is a powerful advantage in global competition.

Just a few weeks ago, we had an event of small business owners at the White House. And one business owner was a woman named Prachee Devadas who came to this country, became a citizen, and opened up a successful technology services company. When she started, she had just one employee. Today, she employs more than a hundred people. This past April, we held a naturalization ceremony at the White House for members of our armed forces. Even though they were not yet citizens, they had enlisted. One of them was a woman named Perla Ramos -- born and raised in Mexico, came to the United States shortly after 9/11, and she eventually joined the Navy. And she said, “I take pride in our flag and the history that forged this great nation and the history we write day by day.”

These women, and men and women across this country like them, remind us that immigrants have always helped to build and defend this country -– and that being an American is not a matter of blood or birth. It’s a matter of faith. It’s a matter of fidelity to the shared values that we all hold so dear. That’s what makes us unique. That’s what makes us strong. Anybody can help us write the next great chapter in our history.

Now, we can’t forget that this process of immigration and eventual inclusion has often been painful. Each new wave of immigrants has generated fear and resentments towards newcomers, particularly in times of economic upheaval. Our founding was rooted in the notion that America was unique as a place of refuge and freedom for, in Thomas Jefferson’s words, “oppressed humanity.” But the ink on our Constitution was barely dry when, amidst conflict, Congress passed the Alien and Sedition Acts, which placed harsh restrictions of those suspected of having foreign allegiances. A century ago, immigrants from Ireland, Italy, Poland, other European countries were routinely subjected to rank discrimination and ugly stereotypes. Chinese immigrants were held in detention and deported from Angel Island in the San Francisco Bay. They didn’t even get to come in.

So the politics of who is and who is not allowed to enter this country, and on what terms, has always been contentious. And that remains true today. And it’s made worse by a failure of those of us in Washington to fix a broken immigration system.

To begin with, our borders have been porous for decades. Obviously, the problem is greatest along our Southern border, but it’s not restricted to that part of the country. In fact, because we don’t do a very good job of tracking who comes in and out of the country as visitors, large numbers avoid immigration laws simply by overstaying their visas.

The result is an estimated 11 million undocumented immigrants in the United States. The overwhelming majority of these men and women are simply seeking a better life for themselves and their children. Many settle in low-wage sectors of the economy; they work hard, they save, they stay out of trouble. But because they live in the shadows, they’re vulnerable to unscrupulous businesses who pay them less than the minimum wage or violate worker safety rules -– thereby putting companies who follow those rules, and Americans who rightly demand the minimum wage or overtime, at an unfair [dis]advantage. Crimes go unreported as victims and witnesses fear coming forward. And this makes it harder for the police to catch violent criminals and keep neighborhoods safe. And billions in tax revenue are lost each year because many undocumented workers are paid under the table.

More fundamentally, the presence of so many illegal immigrants makes a mockery of all those who are going through the process of immigrating legally. Indeed, after years of patchwork fixes and ill-conceived revisions, the legal immigration system is as broken as the borders. Backlogs and bureaucracy means the process can take years. While an applicant waits for approval, he or she is often forbidden from visiting the United States –- which means even husbands and wives may be forced to spend many years apart. High fees and the need for lawyers may exclude worthy applicants. And while we provide students from around the world visas to get engineering and computer science degrees at our top universities, our laws discourage them from using those skills to start a business or power a new industry right here in the United States. Instead of training entrepreneurs to create jobs on our shores, we train our competition.

In sum, the system is broken. And everybody knows it. Unfortunately, reform has been held hostage to political posturing and special-interest wrangling -– and to the pervasive sentiment in Washington that tackling such a thorny and emotional issue is inherently bad politics.

Just a few years ago, when I was a senator, we forged a bipartisan coalition in favor of comprehensive reform. Under the leadership of Senator Kennedy, who had been a longtime champion of immigration reform, and Senator John McCain, we worked across the aisle to help pass a bipartisan bill through the Senate. But that effort eventually came apart. And now, under the pressures of partisanship and election-year politics, many of the 11 Republican senators who voted for reform in the past have now backed away from their previous support.

Into this breach, states like Arizona have decided to take matters into their own hands. Given the levels of frustration across the country, this is understandable. But it is also ill conceived. And it’s not just that the law Arizona passed is divisive -– although it has fanned the flames of an already contentious debate. Laws like Arizona’s put huge pressures on local law enforcement to enforce rules that ultimately are unenforceable. It puts pressure on already hard-strapped state and local budgets. It makes it difficult for people here illegally to report crimes -– driving a wedge between communities and law enforcement, making our streets more dangerous and the jobs of our police officers more difficult.

And you don’t have to take my word for this. You can speak to the police chiefs and others from law enforcement here today who will tell you the same thing.

These laws also have the potential of violating the rights of innocent American citizens and legal residents, making them subject to possible stops or questioning because of what they look like or how they sound. And as other states and localities go their own ways, we face the prospect that different rules for immigration will apply in different parts of the country -– a patchwork of local immigration rules where we all know one clear national standard is needed.

Our task then is to make our national laws actually work -– to shape a system that reflects our values as a nation of laws and a nation of immigrants. And that means being honest about the problem, and getting past the false debates that divide the country rather than bring it together.

For example, there are those in the immigrants’ rights community who have argued passionately that we should simply provide those who are [here] illegally with legal status, or at least ignore the laws on the books and put an end to deportation until we have better laws. And often this argument is framed in moral terms: Why should we punish people who are just trying to earn a living?

I recognize the sense of compassion that drives this argument, but I believe such an indiscriminate approach would be both unwise and unfair. It would suggest to those thinking about coming here illegally that there will be no repercussions for such a decision. And this could lead to a surge in more illegal immigration. And it would also ignore the millions of people around the world who are waiting in line to come here legally.

Ultimately, our nation, like all nations, has the right and obligation to control its borders and set laws for residency and citizenship. And no matter how decent they are, no matter their reasons, the 11 million who broke these laws should be held accountable.

Now, if the majority of Americans are skeptical of a blanket amnesty, they are also skeptical that it is possible to round up and deport 11 million people. They know it’s not possible. Such an effort would be logistically impossible and wildly expensive. Moreover, it would tear at the very fabric of this nation -– because immigrants who are here illegally are now intricately woven into that fabric. Many have children who are American citizens. Some are children themselves, brought here by their parents at a very young age, growing up as American kids, only to discover their illegal status when they apply for college or a job. Migrant workers -– mostly here illegally -– have been the labor force of our farmers and agricultural producers for generations. So even if it was possible, a program of mass deportations would disrupt our economy and communities in ways that most Americans would find intolerable.

Now, once we get past the two poles of this debate, it becomes possible to shape a practical, common-sense approach that reflects our heritage and our values. Such an approach demands accountability from everybody -– from government, from businesses and from individuals.

Government has a threshold responsibility to secure our borders. That’s why I directed my Secretary of Homeland Security, Janet Napolitano -- a former border governor -- to improve our enforcement policy without having to wait for a new law.

Today, we have more boots on the ground near the Southwest border than at any time in our history. Let me repeat that: We have more boots on the ground on the Southwest border than at any time in our history. We doubled the personnel assigned to Border Enforcement Security Task Forces. We tripled the number of intelligence analysts along the border. For the first time, we’ve begun screening 100 percent of southbound rail shipments. And as a result, we’re seizing more illegal guns, cash and drugs than in years past. Contrary to some of the reports that you see, crime along the border is down. And statistics collected by Customs and Border Protection reflect a significant reduction in the number of people trying to cross the border illegally.

So the bottom line is this: The southern border is more secure today than at any time in the past 20 years. That doesn’t mean we don’t have more work to do. We have to do that work, but it’s important that we acknowledge the facts. Even as we are committed to doing what’s necessary to secure our borders, even without passage of the new law, there are those who argue that we should not move forward with any other elements of reform until we have fully sealed our borders. But our borders are just too vast for us to be able to solve the problem only with fences and border patrols. It won’t work. Our borders will not be secure as long as our limited resources are devoted to not only stopping gangs and potential terrorists, but also the hundreds of thousands who attempt to cross each year simply to find work.

That’s why businesses must be held accountable if they break the law by deliberately hiring and exploiting undocumented workers. We’ve already begun to step up enforcement against the worst workplace offenders. And we’re implementing and improving a system to give employers a reliable way to verify that their employees are here legally. But we need to do more. We cannot continue just to look the other way as a significant portion of our economy operates outside the law. It breeds abuse and bad practices. It punishes employers who act responsibly and undercuts American workers. And ultimately, if the demand for undocumented workers falls, the incentive for people to come here illegally will decline as well.

Finally, we have to demand responsibility from people living here illegally. They must be required to admit that they broke the law. They should be required to register, pay their taxes, pay a fine, and learn English. They must get right with the law before they can get in line and earn their citizenship -- not just because it is fair, not just because it will make clear to those who might wish to come to America they must do so inside the bounds of the law, but because this is how we demonstrate that being -- what being an American means. Being a citizen of this country comes not only with rights but also with certain fundamental responsibilities. We can create a pathway for legal status that is fair, reflective of our values, and works.

Now, stopping illegal immigration must go hand in hand with reforming our creaky system of legal immigration. We’ve begun to do that, by eliminating a backlog in background checks that at one point stretched back almost a year. That’s just for the background check. People can now track the status of their immigration applications by email or text message. We’ve improved accountability and safety in the detention system. And we’ve stemmed the increases in naturalization fees. But here, too, we need to do more. We should make it easier for the best and the brightest to come to start businesses and develop products and create jobs.

Our laws should respect families following the rules -– instead of splitting them apart. We need to provide farms a legal way to hire the workers they rely on, and a path for those workers to earn legal status. And we should stop punishing innocent young people for the actions of their parents by denying them the chance to stay here and earn an education and contribute their talents to build the country where they’ve grown up. The DREAM Act would do this, and that’s why I supported this bill as a state legislator and as a U.S. senator -- and why I continue to support it as president.

So these are the essential elements of comprehensive immigration reform. The question now is whether we will have the courage and the political will to pass a bill through Congress, to finally get it done. Last summer, I held a meeting with leaders of both parties, including many of the Republicans who had supported reform in the past -- and some who hadn’t. I was pleased to see a bipartisan framework proposed in the Senate by Senators Lindsey Graham and Chuck Schumer, with whom I met to discuss this issue. I’ve spoken with the Congressional Hispanic Caucus to plot the way forward and meet -- and then I met with them earlier this week.

And I’ve spoken with representatives from a growing coalition of labor unions and business groups, immigrant advocates and community organizations, law enforcement, local government -– all who recognize the importance of immigration reform. And I’ve met with leaders from America’s religious communities, like Pastor Hybels -- people of different faiths and beliefs, some liberal, some conservative, who nonetheless share a sense of urgency; who understand that fixing our broken immigration system is not only a political issue, not just an economic issue, but a moral imperative as well.

So we’ve made progress. I’m ready to move forward; the majority of Democrats are ready to move forward; and I believe the majority of Americans are ready to move forward. But the fact is, without bipartisan support, as we had just a few years ago, we cannot solve this problem. Reform that brings accountability to our immigration system cannot pass without Republican votes. That is the political and mathematical reality. The only way to reduce the risk that this effort will again falter because of politics is if members of both parties are willing to take responsibility for solving this problem once and for all.

And, yes, this is an emotional question, and one that lends itself to demagoguery. Time and again, this issue has been used to divide and inflame -– and to demonize people. And so the understandable, the natural impulse among those who run for office is to turn away and defer this question for another day, or another year, or another administration. Despite the courageous leadership in the past shown by many Democrats and some Republicans -- including, by the way, my predecessor, President Bush -– this has been the custom. That is why a broken and dangerous system that offends our most basic American values is still in place.

But I believe we can put politics aside and finally have an immigration system that’s accountable. I believe we can appeal not to people’s fears but to their hopes, to their highest ideals, because that’s who we are as Americans. It’s been inscribed on our nation’s seal since we declared our independence. “E pluribus unum.” Out of many, one. That is what has drawn the persecuted and impoverished to our shores. That’s what led the innovators and risk-takers from around the world to take a chance here in the land of opportunity. That’s what has led people to endure untold hardships to reach this place called America.

One of the largest waves of immigration in our history took place little more than a century ago. At the time, Jewish people were being driven out of Eastern Europe, often escaping to the sounds of gunfire and the light from their villages burning to the ground. The journey could take months, as families crossed rivers in the dead of night, traveled miles by foot, endured a rough and dangerous passage over the North Atlantic. Once here, many made their homes in a teeming and bustling Lower Manhattan.

It was at this time that a young woman named Emma Lazarus, whose own family fled persecution from Europe generations earlier, took up the cause of these new immigrants. Although she was a poet, she spent much of her time advocating for better health care and housing for the newcomers. And inspired by what she saw and heard, she wrote down her thoughts and donated a piece of work to help pay for the construction of a new statue -- the Statue of Liberty -- which actually was funded in part by small donations from people across America.

Years before the statue was built -- years before it would be seen by throngs of immigrants craning their necks skyward at the end of long and brutal voyage, years before it would come to symbolize everything that we cherish -- she imagined what it could mean. She imagined the sight of a giant statue at the entry point of a great nation -– but unlike the great monuments of the past, this would not signal an empire. Instead, it would signal one’s arrival to a place of opportunity and refuge and freedom.

“Here at our sea-washed, sunset gates shall stand,” she wrote,

A mighty woman with a torch…
From her beacon-hand
Glows world-wide welcome…
“Keep, ancient lands, your storied pomp!”…
“Give me your tired, and your poor,
Your huddled masses yearning to be free…
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!”

Let us remember these words. For it falls on each generation to ensure that that lamp -– that beacon -– continues to shine as a source of hope around the world, and a source of our prosperity here at home.

Thank you. God bless you. And may God bless the United States of America. Thank you. (Applause.)

END11:47 A.M. EDT

Department of Justice Challenges Arizona Immigration Law

FOR IMMEDIATE RELEASE

TUESDAY, JULY 6, 2010
(202) 514-2007

file://www.justice.gov/


CITING CONFLICT WITH FEDERAL LAW, DEPARTMENT OF JUSTICE CHALLENGES ARIZONA IMMIGRATION LAW


WASHINGTON - The Department of Justice challenged the state of Arizona’s recently passed immigration law, S.B. 1070, in federal court today.

In a brief filed in the District of Arizona, the Department said S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”

The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status.

In declarations filed with the brief, Arizona law enforcement officials, including the Chiefs of Police of Phoenix and Tucson, said that S.B. 1070 will hamper their ability to effectively police their communities. The chiefs said that victims of or witnesses to crimes would be less likely to contact or cooperate with law enforcement officials and that implementation of the law would require them to reassign officers from critical areas such as violent crimes, property crimes, and home invasions.

The Department filed the suit after extensive consultation with Arizona officials, law enforcement officers and groups, and civil rights advocates. The suit was filed on behalf of the Department of Justice, the Department of Homeland Security, and the Department of State, which share responsibilities in administering federal immigration law.

“Arizonans are understandably frustrated with illegal immigration, and the federal government has a responsibility to comprehensively address those concerns,” Attorney General Holder said. “But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety. Setting immigration policy and enforcing immigration laws is a national responsibility. Seeking to address the issue through a patchwork of state laws will only create more problems than it solves.”

“With the strong support of state and local law enforcement, I vetoed several similar pieces of legislation as Governor of Arizona because they would have diverted critical law enforcement resources from the most serious threats to public safety and undermined the vital trust between local jurisdictions and the communities they serve,” Department of Homeland Security Secretary Janet Napolitano said. “We are actively working with members of Congress from both parties to comprehensively reform our immigration system at the federal level because this challenge cannot be solved by a patchwork of inconsistent state laws, of which this is one. While this bipartisan effort to reform our immigration system progresses, the Department of Homeland Security will continue to enforce the laws on the books by enhancing border security and removing criminal aliens from this country.”

The Department has requested a preliminary injunction to enjoin enforcement of the law, arguing that the law’s operation will cause irreparable harm.

“Arizona impermissibly seeks to regulate immigration by creating an Arizona-specific immigration policy that is expressly designed to rival or supplant that of the federal government. As such, Arizona’s immigration policy exceeds a state’s role with respect to aliens, interferes with the federal government’s balanced administration of the immigration laws, and critically undermines U.S. foreign policy objectives. S.B. 1070 does not simply seek to provide legitimate support to the federal government’s immigration policy, but instead creates an unprecedented independent immigration scheme that exceeds constitutional boundaries,” the Department said in its brief.

President Obama's Moment to Reassert Federal Leadership on Immigration Reform

June 30, 2010

Washington, D.C. -Tomorrow, Thursday, July 1st, President Obama will make what is being described by the New York Times as "a major speech on immigration" at American University in Washington, D.C. The President is expected to step forward to reassert the leadership of the Federal Government on the issue of immigration.

While a federal lawsuit against Arizona's SB1070 now seems imminent, the President must address the underlying issues that led to passage of the Arizona law. We hope the President will squarely address the public's frustration with a lack of workable solutions on immigration. He must place this frustration in context - lack of federal action leads to growing impetus in the states to pass laws, no matter what their cost, simply to try to resolve the impasse. The President should address this frustration, but should also address the undisputed polling that shows that Americans want comprehensive immigration reform. This can be his moment to bring people together by laying out a framework that will actually move Congress to complete workable legislation.

We also hope that the President avoids some of the typical election chatter on immigration, which tends to turn the issue into a political contest of who can talk the toughest. Rarely does the debate move beyond the issue of further fortifying our southern border. While border security is a necessary component of comprehensive immigration reform, we cannot stop there. Real reform must look past campaign politics and find solutions that will allow communities to live and work together without the anger and recriminations that have dominated this issue for years. We hope the President's speech will go beyond issues of border security and discuss with the same enthusiasm strategies to create a 21st century immigration system - a system which invests in ideas and programs that support family and community cohesion, promotes fairness and individual accountability, supports immigrant integration, and helps us attract the best and brightest from around the world.

"The crisis in Arizona was created by an absence of leadership and commitment by the Federal Government to fix our broken immigration system. My hope is that the President will use this speech as an opportunity to reassert federal authority over immigration law and policy, and lay out his vision for a path forward," said Benjamin Johnson, Executive Director of the American Immigration Council, who will attend the speech on Thursday. "Enforcement of our laws is important, but the President must rise above the angry and misguided political rhetoric that creates and then feeds a never-ending appetite for punishment. While a lawsuit by the Department of Justice is a necessary legal step, a lawsuit alone will not end the vacuum created by the lack of workable immigration laws and leadership to make that a reality. Over the last year, the President and his administration have expressed a willingness and desire to pursue a comprehensive reform strategy. Sadly, too few politicians have had the courage to stand with him on this important issue. The true measure of the President's commitment to this issue is whether he will create his own strategy for moving reform forward and whether he will expose those in both parties who refuse to step forward and create a workable, humane immigration policy that will strengthen America."

As the Department of Justice takes up the legal challenge, President Obama - through this speech and continuing actions - can place the responsibility for immigration reform back where it constitutionally belongs: in the hands of the Federal Government.

Gutierrez: Obama Finally 'Assertive' on Immigration Reform

June 29, 2010 7:59 PM


ABC News' Devin Dwyer reports:

President Obama today met with members of the Congressional Hispanic Caucus at the White House to discuss comprehensive immigration reform ahead of his planned Thursday address on the issue from American University.

Rep. Luis Gutierrez, D-Ill., who introduced comprehensive legislation in the House in December and has been critical of the administration for not championing its passage, said he’s convinced the administration is finally taking immigration reform seriously.

“For months we have been demanding that this administration take action and be the lead on comprehensive immigration reform. And then, from the White House, we hear a president that’s committed and assertive and in command and in charge,” he said following the meeting. “So I think this Thursday we’re going to hear the president speak to the nation to have comprehensive immigration reform and why it’s important for him as a president.” Gutierrez said the president intends to use the speech to outline details of his proposal for addressing the nation’s estimated 10.8 million undocumented immigrants, which is expected to include some form of a conditional path to legal residency.

“It’s obviously not going to be more on enforcement. He’s done a lot of that already. He can only expand from there,” Gutierrez said, referring to criticism from immigrant advocates that the administration has heretofore solely focused on beefing up security along the border and deporting a record number of undocumented immigrants.

Gutierrez said Obama declined to discuss details of the administration’s challenge to the Arizona law, deferring to the Department of Justice. But, he said, the president agreed that the law’s pending implementation may help to build a sense of urgency towards legislative action on immigration this year.

- Devin Dwyer