SANTA
FE, NM
(NYT editorial)
November 15, 2010
— Republicans will have the next
two years to set the immigration agenda in the House of Representatives.
If their legislation looks anything like their campaign ads, there will be no
way for illegal immigrants to get right with the law and no real solution to the
problem of illegal immigration.
Just a national doubling-down on enforcement, with still more border fencing and
immigration agents, workplaces locked down, and states and localities setting
police dragnets on what always was — and still ought to be — federal turf.
That hard-line approach mocks American values. It is irresponsibly expensive. It
is ineffective.
Two of its architects will be leaders in the House Judiciary Committee, where
immigration legislation is drafted: the next chairman, Lamar Smith of Texas; and
Steve King of Iowa, who is in line to run the immigration subcommittee. Mr.
Smith was the author of a 1996 law that bulked up enforcement and drastically
increased deportations by limiting legal immigrants’ access to the justice
system. It greatly expanded deportable offenses, and left many immigrants unable
even to have their cases reviewed by a judge.
The 1996 law and the billions subsequently thrown at border barriers and mass
deportations have failed to deter illegal immigration. But this has not deterred
Mr. Smith and Mr. King, who want to go further.
They support Arizona’s noxious efforts to give its law enforcement officers
freer rein to demand people’s papers. Mr. King has gone so far as to defend
racial profiling (which is illegal) as “legitimate law enforcement.” Both
support the rapid imposition of E-Verify, an error-plagued electronic
immigration database that every citizen would have to clear before being allowed
to work.
Both want Congress to reinterpret the 14th Amendment to deprive children of
illegal immigrants who are born on American soil of their citizenship.
Hard-liners on the right derisively refer to these children as “anchor babies,”
part of a plot to sponsor their parents for green cards.
Mr. King once stood in the House chamber assembling a mock-up of a border fence,
with concrete wall panels and coiled wire on top, to show how simple immigration
reform could be.
We could electrify the wire, he said: “We do that with livestock all the time.”
It is not just Republicans like Mr. King and Mr. Smith who are set on doing far
too much after years of accusing the government of doing too little on
immigration.
All the Republicans on the Senate Judiciary Committee signed a letter last month
to Homeland Security Secretary Janet Napolitano, accusing Immigration and
Customs Enforcement of “a lax approach” for focusing more on dangerous criminals
than on those with minor or no criminal records.
They wondered why she hadn’t asked for more money so ICE could detain and deport
every last illegal immigrant it finds, and demanded that she tell them exactly
how much that might cost.
The head of ICE under President George W. Bush once gave the Senate a ballpark
estimate: $94 billion. And that’s not counting the profound damage to the rule
of law, democratic values and American’s already soiled reputation.
Citizens who took this year’s Republican candidates at their word when they said
they were concerned about deficits might logically ask where they plan to get
these billions for border fences, detention beds and a national rollout of
Arizona-style police enforcement.
Or for armies of bureaucrats running a national citizenship registry. Once the
14th Amendment is overturned, a birth certificate won’t be enough to prove your
baby is American.
Americans want Congress and the president to fix what’s broken and to spend
less. The G.O.P.’s restrictionist immigration doctrine fails on both counts.