The Obama Administration is suing Arizona for wanting to enforce our
nation’s immigration laws, but they won’t sue cities that violate our
immigration laws by enacting sanctuary policies.
So-called
“sanctuary cities” prohibit their law-enforcement officers from
cooperating with the Department of Homeland Security to report illegal
immigrants. Many sanctuary cities do not even allow their officers to
report illegal immigrants who have been arrested.
Unlike the
recently enacted Arizona law, sanctuary policies are in direct violation
of federal law. Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 provides that “no … government
entity or official may prohibit, or in any way restrict, any government
entity or official from sending … information regarding the citizenship
or immigration status … of any individual.“
Aside from being illegal, sanctuary policies protect criminals. Consider
these tragic examples, all of which took place in sanctuary cities and
might have been prevented:
An illegal immigrant gang member shot
three students in Newark, N. J., execution-style in August 2007. He was
free on bail and was facing charges of aggravated assault and sexual
abuse of a child at the time of the murders.
Seventeen-year-old
Jamiel Shaw, Jr. was murdered by an illegal immigrant in Los Angeles in
March 2008. The murderer had been released from jail on an assault
charge the day before he killed Shaw.
And an illegal immigrant
who had numerous past violent crime convictions savagely murdered Tony,
Michael and Matthew Bologna in San Francisco in July 2008. Tony and his
two sons were all shot while sitting in a car.
The Obama
Administration needs to enforce our immigration laws, not ignore them.
Will they also ignore individuals who fail to pay taxes? Of course not.
The
Obama Administration, in a lawsuit brought by Atty. Gen. Eric Holder’s
Justice Department, argued that Arizona and other jurisdictions may not
adopt their own immigration enforcement measures—even measures that
mirror federal law—because that will result in a “patchwork” of
immigration laws. But the administration is apparently content to ignore
a patchwork of sanctuary-city laws.
It would not be a stretch
to conclude that the only immigration policy that the Obama
Administration favors is one that allows illegal immigrants to remain in
the United States.
And it’s not just illegal immigrants in sanctuary cities.
Though
President Obama recognizes that jobs are a magnet for illegal
immigration, his administration has ignored enforcement of immigration
laws at the workplace. Arrests of illegal immigrant workers are down 81%
percent from 2008. The administration’s new policy? If they conduct a
paperwork audit of a company and find illegal immigrant workers, the
workers are not arrested. Instead, they are free to remain in America
and look for a job
somewhere else.
In fact, the Obama
Administration has asked the Supreme Court to overturn a 2007 Arizona
law that allows the state to revoke the business licenses of companies
that knowingly hire illegal immigrants. This is an authority explicitly
given to the states by Congress, but the
Obama Administration wants
to rewrite the law to remove that authority. The result? Illegal
immigrants will remain in the U.S. and have an easier time finding jobs
that should go to citizens and legal immigrants.
These policies
and the Obama Administration’s announcement that they will allow
sanctuary cities to violate the law reflect its anti-enforcement
ideology. It is just one more piece of evidence that the Obama
Administration has no interest in enforcing the nation's immigration
laws.
Mr. Smith represents the 21st District of Texas. He is the former
chairman of the House Judiciary Subcommittee on Immigration, Border
Security and Claims.