"We're getting our national network
ready to run with the ball, and saturate state legislatures with
versions of the law," said William Gheen, president of Americans for
Legal Immigration. "We believe we can pass it in most states."
That
goal may be a stretch, but lawmakers in about a dozen states told The
Associated Press they were interested in proposing Arizona-style laws if
its key components are upheld by the Supreme Court. A ruling is
expected in June on the Department of Justice's appeal that the law
conflicts with federal immigration policy.
Dan Stein, president of
the Federation for American Immigration Reform, said he was encouraged
that several justices suggested during Wednesday's oral arguments that
they are ready to let Arizona enforce the most controversial part of its
law — a requirement that police officers check the immigration status
of people they suspect are in the country illegally. Another provision
allows suspected illegal immigrants to be arrested without warrants
"The
justices sent a clear signal that there's a huge zone for state action
in this area," Stein said. "There will be an enormous amount of energy
spent in next few months examining the full range of possibilities."
For
starters, a ruling in favor of Arizona's Senate Bill 1070 would likely
enable Alabama, Georgia, Indiana, South Carolina and Utah to put move
forward with comparable measures that were enacted but have been on hold
pending the high court's decision.
"If Arizona does very well,
we'll do very well," said Alabama Sen. Scott Beason, sponsor of a law
that in some respects is tougher than Arizona's. In addition to
requiring police to determine citizenship status during traffic stops,
it directs government offices to verify legal residency for transactions
like obtaining a car license, enrolling a child in school and getting a
job.
Lawmakers in such diverse states as Mississippi and
Pennsylvania said they would be eager to follow the Arizona/Alabama
model if the Supreme Court gives a green light.
"You look at poll
after poll after poll, whether they're a business owner or employee or
small business owner or executive, the majority of Americans support
bills like 1070," said Pennsylvania Rep. Daryl Metcalfe, a Republican
who chairs the House State Government Committee.
Metcalfe has
already introduced a bill that incorporates Arizona's law and is waiting
for a favorable Supreme Court ruling to bring it up in his committee.
In
Mississippi, a get-tough immigration bill passed the House earlier this
year but died in a Senate committee. Its backers plan to try again next
year, and hope for a Supreme Court ruling that gives them guidance.
"This
just ensures to the taxpayers of Mississippi that when we pass the law,
we won't end up in a long court battle," said Republican Rep. Becky
Currie.
As in Mississippi, South Dakota lawmakers also have
rejected a measure based on the Arizona law, but its sponsor, Republican
Rep. Manny Steele of Sioux Falls, says he's ready to try again.
"I would be excited to get another bill going back in there, according to what the Supreme Court decision is," Steele said.
In
Rhode Island, Rep. Peter Palumbo said he was pleased by the Supreme
Court's apparent support for allowing states to enforce immigration law.
"It's
tremendous," said Palumbo, a Democrat who would like to empower the
state police to help federal authorities with immigration enforcement.
In
several states where neither major party has a monopoly on power —
Iowa, Colorado, Montana and Kentucky, among them — lawmakers said the
fate of any hardline immigration bill likely will depend on the outcome
of state elections in November.
One of Kentucky's leading critics
of illegal immigration, Republican Rep. Stan Lee, said an Arizona-style
bill has little chance of overcoming staunch opposition from the
Democratic majority in the House.
"Even if the Supreme Court
upholds all or virtually all of that, I don't expect to pursue any of
that type of legislation unless there's a significant change in the
makeup of the House," Lee said. "The votes, as I've discovered, just
aren't there."
In Minnesota, Republican Rep. Steve Drazkowski said
he'll consider proposing a bill modeled in part on the Arizona law but
acknowledged that it could well be vetoed by Democratic Gov. Mark
Dayton, whose term runs until 2014.
In Kansas, where Republicans
dominate, GOP legislators are split over immigration, preventing action
both on proposals to crack down on illegal immigration and a
business-backed program to place some immigrants in hard-to-fill jobs in
farming and other sectors.
Among the
leaders of the get-tough faction in Kansas is Secretary of State Kris
Kobach, a former law professor who helped write the Arizona and Alabama
laws. Kobach said the Supreme Court arguments bolstered his view that
the most controversial part of the Arizona law — the "show your papers"
provision — would withstand a legal challenge.
If the Supreme
Court upholds key parts of the law, "it will be a huge green light," he
said. "All of the other states will have a blueprint that they can
copy."
In Virginia, which already has numerous restrictive
immigration laws, Republican Delegate David Albo said there may not be
room for many more.
"We're already bumping up against the legal
limits of what we're allowed to do," said Albo, author of a law that
denies adult illegal immigrants non-emergency public benefits such as
food stamps and welfare benefits.
In many states, there is little
or no prospect for adopting Arizona-style laws anytime soon. In some
cases, such as in Idaho, it's because the agriculture industry worries
about losing needed workers; elsewhere it's a question of
immigrant-friendly politics.
"I can't envision the state adopting
the position that we should be enforcing immigrant laws," said New York
Gov. Andrew Cuomo, noting that his state has ample law enforcement
challenges on its plate already.
In Illinois, which has some of
the most immigrant-friendly laws in the nation, Republican Rep. Randy
Ramey has tried four times to propose an Arizona-style law but failed to
get a measure out of committee. Heartened by the Supreme Court
arguments, Ramey said he may try again despite the odds.
"It
encourages me, but doesn't mean anything will move here as long as
Democrats are in charge," he said. "They'll just laugh at it."
Stands
on the issue don't always follow predictable party lines. Republican
Govs. Susana Martinez of New Mexico and Brian Sandoval of Nevada — both
Hispanics — say Arizona-style laws aren't needed in their states.
Hispanics account for 46 percent of the population in New Mexico, the
highest proportion of any state.
"Gov. Martinez fully believes
that any policies addressing illegal immigration have to begin at the
federal level," said her spokesman, Greg Blair.
There are an
estimated 11 million illegal immigrants in the United States. Of that
total, roughly 6.1 million are from Mexico, down from nearly 7 million
in 2007, according to a Pew Hispanic Center study released Monday. That
decline has coincided with a cooling-off of the immigration debate in
some states, such as Tennessee.
"It doesn't seem to have the same
numbers that were here a couple of years ago," said state Sen. Bill
Ketron, a Republican who has sponsored a number of bills targeting
illegal immigrants.
Clarissa Martinez of the National Council of
La Raza, a Hispanic civil rights and advocacy organization, predicted
that most states — regardless of the Supreme Court's decision — would
stay away from Arizona-type laws out of self-interest.
"For most
of them, the balance sheets do not add up," she said, referring to the
Alabama law that has created burdens for some business and caused
farmers to complain about lack of workers to pick their crops.
Vermont,
where a growing number of Hispanic migrants work in the dairy industry,
is among a handful of states overtly welcoming immigrants regardless of
their legal status. Last fall, Gov. Peter Shumlin urged police to "look
the other way" when the only legal problem might be an immigration
violation.
"Vermont is the antithesis of Arizona," said Rep. Suzi
Wizowaty of Burlington, who has backed a bill to require police to
follow such policies. "Our goal in Vermont is to be the kind of place
that welcomes all kinds of people."
The welcome mat is out in Alaska, also.
"We want more immigrants," said Republican Rep. Paul Seaton. "There just aren't people from here to do the work."
___
Associated
Press writers John Hanna in Topeka, Kan.; Bob Johnson in Montgomery,
Ala.; Wilson Ring in Montpelier, Vt.; Marc Levy in Harrisburg, Pa.;
Roger Alford in Lexington, Ky.; Sophia Tareen in Chicago and numerous
other AP writers contributed to this report.