The ongoing controversy over Arizona’s new illegal immigration law will likely drag on for months and may eventually end up before the Supreme Court. As the issue unfolds, we could be hearing echoes of a much earlier battle that split the United States over a similarly divisive issue: slavery.
The Arizona law, parts of which have been temporarily placed on hold by a U.S. District Court judge, clamps down hard on illegal immigrants drawn to the state — as have millions of others from outside our borders — by the promise of a better life. The provisions blocked would require police to check individuals’ immigration status; would require legal immigrants to have their citizenship papers with them at all times; would allow officers to make arrests without warrants of suspected illegal immigrants; and would ban illegal immigrants from seeking work in public areas.
These restrictive provisions appear to be popular with the majority of Arizona residents, but they are vehemently opposed by the state’s large Hispanic community and by civil libertarians. Supporters say the law was the direct result of frustration over inaction by the federal government on stemming the flow of illegals. Critics say the law completely negates a bedrock principle of American jurisprudence: the presumption of innocence.
There is a second issue swirling around the Arizona law that proponents are using to — so far — good effect: states ought to be able to control their own borders, especially if Congress can’t or won’t enact comprehensive national immigration legislation. It’s an attractive position politically because it enables backers of the Arizona law to wrap themselves in the flag of “states rights,” while leaving opponents — including the Obama Administration — to advocate on behalf of people who are in this country illegally.
Something startlingly similar unfolded in the decades leading up to the Civil War. As the National Underground Railroad Freedom Center’s exhibition “From Slavery to Freedom” makes clear, the issue of states rights was a critical component of the South’s political strategy to protect slavery. From John C. Calhoun to Jefferson Davis, Southern political leaders attempted to position slavery not as a moral issue, but rather as the flashpoint of the deeper issue of shielding state sovereignty from the encroachment of the anti-slavery federal government.
It was a clever strategy, but one doomed to failure. Ultimately, the states rights argument could not overcome the moral repugnance of chattel slavery. The Civil War and 600,000 deaths proved the point.
Yet the issue of states versus federal authority has not gone away, by any means. The Arizona immigration law is just the latest challenge of federal authority. Other states are considering similar bills. Meanwhile, several states have gone to court to contest the government’s authority to implement the recently passed health care program. And earlier this year, Texas Governor Rick Perry took to the political stump to suggest that the Lone Star State might be better off leaving the Union instead of accepting federal stimulus dollars (Perry ultimately accepted millions of federal stimulus funds).
The critical observer of these contretemps should not be misled. The fundamental issue is not legal wrangling over state sovereignty. Something far more important is at stake: how this nation lives up to the promise, embedded in our Constitution, and enshrined in our laws and our customs that all men truly are created equal, whatever their race, beliefs or legal status.