Immigration

“We’re here. We’re not going anywhere”

Angry, exultant and determined, immigrants took to the streets of San Francisco to protest.

Carrying a black and white sign that says “Stop picking on immigrants. Love your neighbor,” the Rev. Norman Fong joins a throng of protesters gathering in San Francisco’s Mission District, the city’s mostly Latino neighborhood. The morning rally and press conference are part of a massive protest in cities across the country, expected to draw as many as a million people from San Diego to New York, all united against punitive immigration bills in Congress.

“This is a scapegoat issue to pick on immigrants,” says Fong, who wears a black collar and a large silver crucifix around his neck. His own father was arrested and detained in 1919 and held on Angel Island in San Francisco Bay for a year and a half. “From my community in Chinatown, I see this as a good unifying issue.”

In the House, a bill calls for building a 700-mile-long security fence along the border with Mexico and making it a felony to be in the country illegally. A less draconian Senate bill, which stalled at the end of last week, would have allowed undocumented immigrants who have lived in the United States for more than five years to stay and become citizens. Those in this country for less than two years would have to go home and seek reentry with others trying to immigrate, which could fracture families and communities. While the controversial bills have put Latinos who’ve crossed the border from the south in the spotlight, their issues affect people from numerous immigrant groups, including Chinese and Palestinians, who also turned out for the San Francisco rally.

Renee Saucedo, a staff attorney at the San Francisco Day Labor Program and for the nonprofit La Raza Centro Legal, sees many of her clients in the crowd, undocumented workers who do construction, hauling, gardening, housecleaning and childcare in San Francisco. “The proposals coming out of Congress today are the most egregious we have seen in this country’s history,” she says. “They are a complete violation of people’s human rights.” She argues that U.S. companies like Wal-Mart pay as little as $4 a day to waitresses working at their VIPS restaurants in Mexico; no wonder people come to the United States looking for a better-paying job.

Waving American flags in front of a huge painted banner that reads “Fast 4 Immigrant Human Rights” is a largely Latino crowd, including young mothers pushing strollers, a grandmother wearing a crocheted American flag pin, high school students and dozens of advocates for immigrants. It’s a press conference organized by the Deporten a la Migra Coalition — Immigrants Fighting for Their Rights — a coalition of groups advocating for undocumented immigrants.

Passing cars honk, drawing screams and cheers from the crowd, and a frenzy of flag waving — mostly American flags, with a few Mexican or Salvadoran flags to round out the pageant. Bonnie Senteno of San Francisco came to the rally with her 11-year-old son, Jack, “to support our brothers and sisters from the south. This place is theirs. Without the indigenous people of this region, we wouldn’t have a lot of what we have in this country.” As the crowd chants, “Sí se puede!” “Yes, we can!” she explains to Jack that it was Cesar Chavez’s rallying cry. “You know who he is, right?” Jack nods.

“El que no brinca es migra!” chants the crowd, as young women and kids hop up and down, laughing and smiling. (“If you don’t jump, you’re INS!”) A red, white, and blue sign declares “The war on terror is a war on immigrants,” with stars decorating the inside of the word “immigrants.” Another sign with red lettering on white poster board reads simply: “No human being should be call[ed] illegal.” Chants of “El pueblo unido jamas sera vencido” — “The people united will never be defeated” — and “A qui, estamos y no nos vamos” — “We’re here. We’re not going anywhere” — fill the air.

Chris Crass, 32, holds up one end of a large sign reading “European descendents for immigrant justice! Gringas para la justicia inmigrante.” He’s part of a group called the Heads Up Collective, a member of the Deporten a la Migra Coalition, which he translates as the Deport the INS Coalition. “White communities have to understand how so many of us have been pitted against immigrants of color, from the Chinese Exclusion Act to bosses using the bracero program to undercut unions,” he says. When a counter-protester in a backward baseball cap and black sunglasses, carrying a sign that reads “Stop the invasion” on one side and “Illegal = criminal” on other, captures a TV crew’s attention, Crass and his groups step in front of him to get their supportive message on camera.

The counter-protester, who does not give his name, is met by jeers from the crowd. “One counter-protester!” “That’s why we’re stronger than him.” “I have nothing against immigrants,” sasses back the counter-protester. “Legal immigrants!”

Sonja Ricket from Belgium, who’s lived in the United States for 15 years on temporary work visas, says she’s marching because she was exiled for three months by the Department of Homeland Security after living on an expired visa for six months while seeking a green card. She stayed in youth hostels in Belgium, while maintaining her apartment and office in San Francisco. Waiting for a new work visa put her $12,000 in debt. Now, back in the country on a two-year work visa that expires in January 2007, she says, “I want everyone to have a path to citizenship, including me, and I want there to be a just way for people to work without being sent home every three years.” As a self-employed movement therapist and a dance educator who teaches tango, it’s been tough for her to get a green card. “In the climate after 9/11, it’s practically impossible,” she says. Still, she knows that she’s lucky, compared to the low-income women, without papers, who come to the free movement clinic that she leads at a local women’s community center. “I know I’m privileged,” she says.

With a translator echoing his words in Spanish, Jay Jasper Pugao, 30, a teacher at East Oakland Community High School, shouts into a megaphone: “This issue affects all people, documented and undocumented.” Pugao recently took part in a seven-day hunger strike in front of the Federal Building in San Francisco to protest the immigration legislation. From under his brown baseball cap, which reads Fili Islander, he yells, “Our students, our elderly who came and built this country, are not criminals,” drawing hoots, claps and cheers. “This bill has the potential to sexually exploit our women!”

Pugao, who notes that he was educated in Oakland public schools, says he doesn’t remember any history lessons about Native Americans greeting the European immigrants by asking, “Hey, where are your documents, pilgrim?” The crowd chants, “The people united will never be defeated,” in three languages: English, Spanish and Tagalog. Meanwhile, Pugao explains to reporters that his parents came to this country with $200 and three children under the age of 10. His mother had a work visa at the time, but his father had only a tourist visa, which soon expired. It took his father, who once worked as a farm worker picking asparagus and who’s now a police technician for the city of Oakland, 15 years to become a citizen. Pugao, who became an American citizen as a child with his parents, says he went on a hunger strike to speak out in support of his family and the undocumented Filipino and Latino youth he works with as a teacher.

As Bishara Constandi from the Palestinian Immigrant Workers Freedom Ride starts to address the crowd, he asks them to “put down the U.S. flag.” “We are not here to beg for citizenship,” he says. “We are here to demand citizenship. Who built this country? Immigrants!” Many if not most of the flag wavers ignore his exhortation to put down the Stars and Stripes. One older man holds his up even higher, waving it even more fervently.

Saucedo, the day-labor program attorney, says the massive demonstrations in Dallas, Atlanta, L.A. and other cities across the country over the past few weeks show that “immigrant communities in this country are organizing and are politically much more powerful than people expected them to be. We are not powerless like people in power want us to be.”

She goes on to say that the massive, peaceful protests across the nation enabled millions who can’t vote to engage politically, whether they were the undocumented themselves or their children who may be American citizens but who feel they must speak out for parents and relatives. “Why do you think that so many people here are kids?” she asks. “They represent the parents and the grandparents. An attack on their families is an attack on them.”

Today is a huge day for the movement, Saucedo says, but she’s also looking forward to May 1, a “day without immigrants,” with participants encouraged not to go to work, school or shop. “Restaurants could literally stop. Hotels could literally stop.”

There’s no English class today for Maggie Terry’s students. An English-language teacher at John O’Connell High School of Technology in San Francisco, Terry brought 15 of her students to the Mission District. Teens who hail originally from Mexico, El Salvador, Honduras and Nicaragua crowd under an umbrella to get out of the rain. Terry says the class has been discussing the immigration bills in Congress and how they might affect their families.

Martin Olivares, 16, a skinny kid with a Mohawk who came to the United States four years ago from Mexico, says he’s here today with his class because “I want to shout my voice.” Olivares has a succinct explanation for why there’s so much debate in Congress and the White House about immigrants like him: “They are doing this because the bad government wants to look like a good government.”

Rep. Steve King: Immigrants are like dogs

Updated: On Monday, the Iowa GOP rep used a degrading metaphor to describe how America should select immigrants

Steve King (Credit: Reuters/Larry Downing)

[Updated below]

Rep. Steve King, R-Iowa, compared immigrants to dogs at a town hall meeting yesterday, telling constituents that the U.S. should pick only the best immigrants the way one chooses the “pick of the litter.”

King told the crowd in Pocahontas, Iowa, that he’s owned lots of bird dogs over the years and advised, “You want a good bird dog? You want one that’s going to be aggressive? Pick the one that’s the friskiest … not the one that’s over there sleeping in the corner.”

King suggested lazy immigrants should be avoided as well. “You get the pick of the litter and you got yourself a pretty good bird dog. Well, we’ve got the pick of every donor civilization on the planet,” King said. “We’ve got the vigor from the planet to come to America.” The liberal research group American Bridge captured the comments:

King has long been one of Congress’ most vociferous and toxic opponents of illegal immigration and “amnesty,” often partnering with notorious immigration hawks like former congressman Tom Tancredo and Maricopa County, Ariz., Sheriff Joe Arpaio. In 2010, he took to the House floor to declare that he could detect “illegals” by their footwear and his “sixth sense.”

Lately, however, King has backed off his inflammatory rhetoric, thanks to a tough challenge from Democrat Christie Vilsack. His bird dog comments suggest, however, that his mouth will continue to dog him.

Update: In a statement, Vilsack’s campaign said, “If we’re going to have a real discussion on immigration, we should start by acknowledging that immigrants are human beings. Iowans are taught in their community, in their church, and at the dinner table to respect each other, not to compare people to dogs. People expect a serious discussion between candidates and that’s what we’re committed to.”

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Alex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald.

Mitt’s new Latino hurdle

The conservative Hispanic group Romney will address this week once slammed "right-wing extremists" on immigration

Mitt Romney (Credit: AP)

As part of an effort to win back Latino voters, Mitt Romney will address a conservative Latino business group this week that has advocated immigration policy views in stark contrast to his own. Romney’s “self-deportation” policy put him well to the right of many of his GOP primary challengers, and the Latino Coalition once slammed “right-wing extremists” who opposed comprehensive immigration reform.

The presumed GOP nominee’s Wednesday speech to the Latino Coalition comes as polls show Romney way behind President Obama among Latino voters and with little hope of capturing the 44 percent of the bloc George W. Bush won in 2004, a highwater mark for the GOP.  Even New Mexico Gov. Susana Martinez (R) — whom Romney floated as a potential vice-presidential choice — mocked the presumed GOP’s immigration policy last week.

The Romney campaign’s response has been that immigration is irrelevant to winning over Latino voters — jobs and the economy are the only things that matter. But his speech this week underscores just how difficult an argument that will be for him to make: In the past, the Latino Coalition has argued that immigration reform is part of a pro-business platform, not separate from it.

These days, the only immigration issue the Coalition mentions on its website is the “Mexican Trucking issue.” But the group aggressively advocated for comprehensive immigration reform under President Bush. In 2007, the Coalition’s president slammed “far right extremists” who opposed “common-sense [immigration reform] legislation that is so important for the security and economic vitality of our country.” The group “urge[d] Speaker Nancy Pelosi (D-CA) and the Democratic leadership in the House to demonstrate courage and leadership on this issue and take on immigration reform,” saying Pelosi could pass a bill “without the level of Republican support she is demanding.”

In the 2008 GOP primary, the Latino Coalition favored Rudy Giuliani — a veritable leftist on immigration reform compared to most Republicans — with the former New York mayor capturing 64 percent of the vote in a straw poll of the group’s members. Romney apparently finished behind Sen. John McCain and former Sen. Fred Thompson, as his name was not mentioned in the statement.

Meanwhile, the Chamber of Commerce, whose grand D.C. offices will host the event Wednesday, also supported comprehensive reform under Bush, similarly seeing it as a boon for free market capitalism. The powerful business lobby still calls for “an effective and streamlined temporary worker program so that employers can hire immigrant workers” and “a pathway to legal status for undocumented workers currently in the United States.”

This was essentially Bush’s policy too. But Romney’s infamous immigration advisor, Kansas Secretary of State Kris Kobach, who authored the draconian anti-immigration laws in Arizona and Alabama, said his candidate would not support any kind of pathway to legalization for undocumented immigrants.

The Romney campaign briefly attempted to disown Kobach after Romney won the primary and the advisor’s utility was spent, but he may have to throw his entire immigration policy under the bus with Kobach if he hopes to win over the Latino business owners on Wednesday, let alone Hispanic voters more generally.

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Alex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald.

Obama’s broken immigration promise

ICE said it would target dangerous immigrants, but it's actually deporting a higher percentage of non-criminals

A man in Ciudad Juarez, Mexico, stands next to the border fence as two U.S. law enforcement officers look on from the U.S. side of the fence. (Credit: AP/Raymundo Ruiz)

The Obama administration claims that it is deporting record numbers of illegal immigrants while focusing on those with criminal records. But new data from Immigration and Customs Enforcement shows that the number of deportation orders has declined dramatically since last summer and non-criminals comprise a growing percentage of those expelled from the country.

That wasn’t supposed to happen under a policy of “prosecutorial discretion” announced by ICE director John Morton last June. The goal of the policy, announced with much fanfare in the Spanish language media, was to spare “longtime lawful residents” from deportation and to focus on criminals.

Since then, the adminstration has deported many fewer non-criminal aliens. But non-criminals remain the vast majority of those deported. And those with no criminal record now actually comprise a slightly larger percentage of those forced to leave the country than they did before Morton’s announcement.

In the three months before the policy was announced last summer ICE filed for deportation proceedings against 61,192 people of whom 15 percent had criminal records. In the first three months of 2012, ICE sought 37,659 deportations orders, 14 percent of which involved people with criminal records.

“The agency continues to be headed in the opposite direction of its stated goals,” said Susan Long, co-director of the Transactional Records Access Clearinghouse at Syracuse University, which collected the data from ICE via a Freedom of Information Act request.

The goal of prosecutorial discretion, Long said in a conference call with reporters, “was to target and bring before the court those with more serious criminal history. As yet we’re not seeing any change. They have not turned the ship around.”

The administration implemented prosecutorial discretion in response to complaints that young people with no criminal records continue to face deportation. But the new data will come as no surprise to student groups such as United We Dream, National Immigrant Youth Alliance and DreamActivist, which continue to highlight the cases of law-abiding young people facing deportation.

Rep. Luis Gutierrez, D-Ill., has championed the case of a South Carolina man, Gabino Sánchez, a married father of two, who was arrested for driving without a license last year and now faces deportation.

“Gabino Sánchez has lived and worked and raised a family here for more than a decade and it is not in anyone’s interest to have him deported,” Rep. Gutierrez told Fox News Latino on Tuesday after a deportation hearing in North Carolina.  ”I do not understand why ICE has not followed President Obama’s guidelines and decided to move on from this case to go after someone else, someone who is a threat to his community or a serious criminal.”

In response to the TRAC findings, Gutierrez  said, “The president should make sure the Department of Homeland Security is actually following its own rules and he should proclaim proudly and loudly that he will not deport another DREAMer or anyone else who fits the prosecutorial discretion criteria.”

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Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Dreamers spurn Obama

Young immigrants feel tricked by the White House line on Marco Rubio's revival of the DREAM Act

Supporters of the DREAM Act take part in a demonstration in front of the White House. (Credit: AP/Pablo Martinez Monsivais)

Mohammad Abdollahi has not followed every twist and turn of the national immigration debate.  He has been too busy trying to save a friend from deportation.

Last month, 20-year-old Izlia Luna of Medford, Ore., was stopped by police for a traffic altercation. The judge threw out the charges. But under the mandate of the Obama administration’s Secure Communities program, Luna’s fingerprints had been taken. She was found to be undocumented. Luna was brought to the United States from Mexico when she was 2 years old. Instead of being released she was sent to an ICE detention facility in  Tacoma, Wash., 340 miles from her home.

“This is what immigration reform under Obama has gotten us,” says Abdollahi, who traveled to Tacoma to rally public attention to Luna’s case. “The right to spend up to $5,000 to get a loved one out of jail. When Obama says he isn’t deporting dreamers, he’s lying.”

“Marco Rubio is being a lot more authentic with us,” Abdollahi added.

The positive response of young immigrants  to Rubio’s still-vague alternative to the Democrats’ DREAM Act is central to the changing politics of immigration in the 2012 presidential campaign. In a series of meetings in Washington, Rubio is shopping for support, hoping to put forward a legislative proposal in the next few weeks. The Washington Post endorsed the idea on Monday.

By flirting with Rubio, the DREAM activists — representing an estimated 1 million young Americans, or “dreamers,” who are now barred from a path to U.S. citizenship — have wrong-footed the Obama White House and given pause to reelection campaign officials who had been counting on Latinos to fall in line with the president’s reelection. They have also caught the interest of Republican strategists worried about Romney’s narrowing path for victory in November.

Rubio is expected to propose the creation of a non-immigrant visa that would ensure undocumented young people who don’t have criminal records would not be deported and could eventually become citizens. The original DREAM Act failed to pass  the Senate in 2010.

“We are going to support whoever will come out and talk about the issue,” said Gabby Pacheco, a 26-year-old special education teacher from Miami and DREAM Act activist. “Rubio realizes this is key for us. Even if he is only doing it for political reasons, we’re willing to listen.”

The dreamers are backed by Latino Democrats on Capitol Hill, who feel betrayed by the Obama administration’s boasts of deporting a record annual average of 400,000 people over the last four years. After a friendly if inconclusive meeting with Rubio, Rep. Luis Gutierrez of Illinois told Politico his liberal allies  accused him of being the Florida senator’s new “best friend.”

The Obama White House hates the idea. Last week, presidential advisors Celia Munoz and Valerie Jarrett tried to discourage the dreamers from embracing Rubio’s proposal, saying it put at risk the original DREAM Act, which laid out a specific path to citizenship. According to the Washington Post, they had a meeting with DREAM Act-eligible students in Washington, arguing that “Rubio had not demonstrated he could win support from fellow Republicans and that the president would use his clout to push an immigration plan next year. ”

Pacheco, who attended the meeting, was not impressed with the White House appeal.

“You can’t wait until next year if you’re getting deported this year,” she said.  She described the White House officials as “very strategic” in their opposition to Rubio. She said the dreamers asked Munoz and Jarrett if the president could stop the deportations by taking administrative action that would not need to be approved by Congress, as Florida immigration activist Cheryl Little recently wrote in the Miami Herald.

“The thing that surprised us was they said no,” Pacheco told me. “They said, practically, ‘We don’t have the power to do this.’We’re trying to find out if that is true.”

It isn’t true, says Laura Lichter, an attorney in Denver and president-elect of the American Immigration Lawyer’s Association.

“The Obama administration  could certainly be doing more and better to improve the situation for DREAM Act students and to make immigration law and policy predictable and fair for everybody,” Lichter said in a telephone interview. “Whether they’re willing to do that in any way that might look like reasonable treatment for the undocumented remains to be seen.”

Presumptive Republican nominee Mitt Romney, who has advocated “self-deportation” for the likes of Abdollahi and Luna and the estimated 1 million DREAM Act-eligible students, is noncommittal about Rubio’s idea. Romney’s hard-line immigration advisor, Kansas Secretary of State Kris Kobach, initially rejected the suggestion as “amnesty,” but has more recently said he can “work with” the Florida senator, a nod to the growing realization that running on a platform of “self-deportation” is Romney’s ticket to self-destruction among Latino voters in November.

Whether Rubio’s gambit can sway Republican votes on Capitol Hill is doubtful. House Speaker John Boehner described passage of such a bill this year as “difficult at best.” Helping the undocumented is not a priority for most non-Latino voters, according to Republican pollster Scott Rasmussen.

While elite Republicans like Haley Barbour have said positive things about Rubio’s idea, the conservative blogosphere is notably unenthusiastic. The Weekly Standard touted Rubio’s recent foreign policy speech while ignoring his much-publicized idea of helping young undocumented Americans closer to home. The National Review hyped Rubio as a Romney running mate without taking a stand  on his proposal “to give the children of illegal immigrants a visa to continue their studies.” Talk radio stalwarts like Rush Limbaugh and Hugh Hewitt have yet to mention Rubio’s plan, while Mickey Kaus, the Daily Caller’s anti-immigrant blogger, notes conservative intellectuals can only agree to disagree on the issue.

If the Republicans’ intellectual base seems stumped by Rubio’s gambit, the Democratic incumbent comes off as arrogant. In a recent interview with Telemundo, President Obama said:

This notion that somehow Republicans want to have it both ways — they want to vote against these laws [like Arizona and Alabama] and appeal to anti-immigrant sentiment … and then they come and say, ‘But we really care about these kids and we want to do something about it’ — that looks like hypocrisy to me.

To the dreamers, Obama is just as hypocritical. “A lot of folks want us to be against  it,” Abdollahi said. “At the same time we hear from Obama administration that they’re not deporting dreamers. They’re tricking us. That’s what makes us supportive of Rubio.”

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Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Will Arizona case help Obama?

The Supreme Court's consideration of the state's tough immigration law puts Mitt Romney in a tough place

As the Supreme Court hears oral arguments today on the constitutionality of Arizona’s hard-line immigration law, lawyers will revel in arcane discussions of “preemption” and “severability” and “harmonious regulation.” Others will ponder the ever-elusive question of whether the eight sitting justices (Justice Elena Kagan is recused) will prove to be “strict constructionists” or “judicial activists.”

The rest of us may prefer to cut to the political chase. The justices will, in all likelihood, either generally uphold the constitutionality of Arizona’s law — which expands the powers of state police officers to ask about the immigration status of anyone they stop and to hold those suspected of being in the country illegally — or they will throw out its key provisions as a usurpation of the federal government’s powers. What happens then?

The court’s decision, expected in June, is sure to roil an accelerating presidential campaign where immigration has already proven to be a potent issue — and possibly in unexpected ways. ”In terms of electoral politics, it’s a win-win for Obama,” says Antonio Gonzalez, president of William C. Velasquez Institute, a Latino public policy research organization. If the court throws out the law, Obama can claim vindication that immigration restrictionists have gone too far, Gonzalez says. If the court upholds the Arizona law, he can “condemn the decision and vow to fight other state laws,” a stance that is likely to be popular with Latinos who now make up 25 percent of the electorate and whose support is crucial to the president’s reelection prospects.

While upholding  the law would “give a shot in the arm to the politics of immigrant exclusion,” Gonzalez argues it would also limit Romney’s ability to expand his appeal to Latino voters, something that the candidate seems inclined to do.

During the primary season, Romney effectively blunted challenges from Texas Gov. Rick Perry and former House Speaker Newt Gingrich by portraying them as soft on illegal immigrants, the vast majority of whom are from Mexico and Central America. At the same time, polls showed Obama opening an enormous lead among Latino voters, prompting Romney to confide to supporters that his campaign was “doomed” unless he could win Latino votes. This week the Romney campaign distanced itself slightly from Kansas Secretary of State Kris Kobach, author of the Arizona law and a Romney adviser. At the same time the candidate stumped with Sen. Marco Rubio of Florida who has said the Arizona law is “not a model” for the country.

“He’s trying to get out of the shackles” of his hard-line position, Gonzalez argues. “If law is upheld, it makes it much harder for him to do that.”

If the law is thrown out, “Romney has more of an opening to back up from his primary positions and talk about alternative plans,” says Chuck Rocha, executive director of the Latino Project, a Democratic political action committee. “If its not thrown out, he has to own it.”

Rocha says his PAC will use a decision favorable to Arizona “to appeal to Mexican-American voters who see this law as Republican overreach” in a dozen contested congressional elections from Florida to California.

Meanwhile, immigration restrictionists talk bravely that Romney will benefit among the general electorate, if not with Latinos, if the law is upheld.

“If Romney holds firm, we know there’s a broad activist base across the country that is highly motivated and that doesn’t want to see taxpayers pay for services for people who have no right to be here,” says Dan Stein of Federation for American Immigration Reform (FAIR), which supports the Arizona law.

Stein is right that restrictionist laws are increasingly popular. Five states (Alabama, Georgia, South Carolina, Utah and Indiana) have adopted similar laws, but have been enjoined from enforcing them. FAIR says six other states are actively considering them. But they have also mobilized resistance from business interests. When Rubio served as Speaker of the Florida House, Arizona-style immigration legislation never got out of committee. Even in solidly Republican Texas and Mississippi, restrictionists could not get an Arizona-style blll approved this year.

Chris Newman, general counsel for National Day Laborer Network in Los Angeles, isn’t so sure, however, that the case will help Obama. He think a decision favorable to Arizona would “put Obama in a tough spot.” While the Obama administration has fought the states seeking to establish their own immigration policies, it has also carried out record numbers of deportations, including children.

“He’ll have to make normative arguments why Arizona law is immoral and unjust and he’ll have a hard time doing that because many parts of the law track his own policy. His signature policy has sought to sue local police as a ‘force multiplier’ for immigration enforcement. Arizona policies are a symptom of that force multiplication.”

“The administration,” he says, “has sought to benefit from the misery imposed on immigrants on Arizona.”

The political impact of the court’s decision may be most decisive in two swing states where the immigration issue is most hotly contested: Missouri, where the legislature is considering an Arizona-style bill, and Arizona itself, where the devastating effects of the law on families with undocumented members is driving so many Latinos away from the Republican Party that the Obama campaign now dreams of winning the state in November.

“The issue is not going to go away,” says Stein. “If anything its hotter and more robust than ever.”

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Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

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