In the case of the new Arizona immigration law, the reductio ad
Hitlerum occurred instantly.
Cardinal Roger Mahony wrote in a blog post, "I can't imagine
Arizonans now reverting to German Nazi and Russian Communist
techniques." The president of the Hispanic Federation said the law
"reminded me of Nazi Germany." Cooler heads merely compared it to
apartheid or 1960s-era civil-rights abuses.
And here I thought
the tea partiers were befouling America's political discourse with their
overheated words. They don't hold a candle to His Eminence or the
assorted other hysterics decrying the rise of totalitarianism in the
American Southwest.
Arizona's offense is to attempt to enforce the nation's immigration
laws, in the absence of any serious commitment to do so on the part of
the federal government or our political class.
The Arizona law makes it a state crime for aliens not to have
immigration documents on their person. This sounds draconian, except
it's been a federal crime for more than half a century - U.S.C. 1304(e).
Has the open-borders crowd forgotten that it calls illegal aliens
"undocumented" for a reason?
Police officers asking for papers may be redolent of old World War II
movies. But consider the offending provision: "For any lawful contact
made by a law enforcement official or agency of this state . . . where
reasonable suspicion exists that the person is an alien who is
unlawfully present in the United States, a reasonable attempt shall be
made, when practicable, to determine the immigration status of the
person."
Hitler would be crestfallen. This hardly reeks of extremism. It means
the vast majority of requests for documentation will occur in the course
of other police business, like traffic stops.
The police already have the power to stop illegal aliens, a power the
Arizona courts have upheld; they already can ask about someone's legal
status (the U.S. Supreme Court noted in 2005 that it has "held
repeatedly that mere police questioning does not constitute a seizure"
under the Fourth Amendment); and they already can detain illegal aliens.
The Arizona law strengthens these existing authorities.
Will they be abused? Upon signing the law, Arizona governor Jan
Brewer issued an executive order for a training program on how to
implement it without racial profiling. No matter what her intentions, of
course, it's unavoidable that Latino citizens will be questioned
disproportionally under the law; nationwide, 80 percent of illegal
aliens are Latino, and the proportion in Arizona must be higher.
Once millions of illegal aliens are in the country, there's no neat
way to get them back out. It's much better to endeavor to stop them at
the southern border, something Washington still refuses to do. During
the last eruption of the national immigration debate, Congress passed a
law mandating a fence along the border. The Bush administration bid it
down to a high-tech "virtual fence." And the Obama administration has
ceased constructing even that. If the federal government had been in
charge of building the Great Wall, it wouldn't have been great or a
wall.
It used to be that San Diego and El Paso accounted for most illegal
entries. As the border became more secure at those points, Arizona
became the hub. The state has an estimated 460,000 illegal aliens out of
a population of 6.6 million. They impose countless millions of dollars
in schooling, health-care, and incarceration costs, more than $1 billion
a year in one estimate. Phoenix has become a kind of lawless Ellis
Island, with smugglers holding migrants in "stash houses" there until
they can be moved out into the rest of the country.
Arizonians needn't, and shouldn't, tolerate this. Critics accuse the
state of unconstitutionally devising its own immigration policy. If it
had unilaterally declared its border open to the poor, violence-plagued
country to its south, this charge might have had force. Instead, Arizona
seeks only to enforce the nominal immigration policy of the United
States. Perhaps the federal government should try it sometime.
Rich Lowry is the editor of National Review.