BU Now » Arizona

Arizona’s immigration battle

Dick Taffe — Thu, 29 Jul 2010 19:23:14 +0000

Protesters stormed the streets of Phoenix objecting to Arizona’s new immigration law, most of which was struck down by a federal court judge who ruled that the bulk of the law intruded on federal responsibilities for immigration control. Law Professor Susan Akram, an authority on immigration law, says the only way to keep states and Washington from fighting each other over this is for comprehensive immigration reform to be enacted by Congress because the reality is that 85 percent of the undocumented are working but drawing few government benefits.

“In other words, there is a net gain from immigrants and the undocumented, since they work and pay taxes but draw very few benefits. But the money they contribute often goes to federal and state coffers, while many services they benefit from — such as health and law enforcement — come out of local government budgets. That is the essence of the controversy between states such as Arizona and the federal government, with states claiming they are bearing the costs of the dysfunctional federal immigration policy. This cannot be resolved through the courts.”

Contact Susan Akram, 617-358-3060, smakram@bu.edu

Hearing on AZ immigration law

Dick Taffe — Thu, 22 Jul 2010 15:24:32 +0000

A federal judge in Phoenix is hearing arguments from the state, the feds, and civil rights groups over whether Arizona’s controversial new immigration law — requiring officers to check a person’s immigration status if there’s a “reasonable suspicion” that the person is here illegally — should take effect next week. Law Professor Susan Akram, an authority on immigration law, says similar attempts by states to seize from the federal government responsibility for immigration matters have either been tied up in litigation for years or were overturned.

“It does not appear that public opinion has been influenced by the actual facts involved in passing such measures: that they are unlikely to be enforceable because they conflict with an area in which federal law pre-empts most state action; that they are going to be subject to serious and lengthy litigation; and that they are going to cost the states and localities significant resources without achieving the benefits they seek.”

Contact Susan Akram, 617-358-3060, smakram@bu.edu

SCOTUS to review 2007 Arizona law

Dick Taffe — Wed, 30 Jun 2010 21:53:24 +0000

The U.S. Supreme Court will review a 2007 Arizona immigration law that punishes employers who knowingly hire undocumented workers. The Justice Department says the law violates a federal law barring states from imposing penalties on those who employ people not in the country legally. Law Professor Susan Akram, an authority on immigration law, says the case is significant in that it tests whether such local measures can supersede federal immigration policy in regulating the employment of aliens.

“The case reflects the far-reaching consequences of states like Arizona ‘taking matters into their own hands,’ as the petition is jointly filed by private business, public, civil rights and immigration groups that rarely agree on immigration issues.”

Contact Susan Akram, 617-358-3060, smakram@bu.edu

Arizona fighting the 14th Amendment

Dick Taffe — Wed, 16 Jun 2010 21:49:13 +0000

On the heels of passing a controversial law involving screening illegal immigrants, the Arizona legislature is considering a bill that would deny citizenship to children of illegal immigrants, despite the 14th Amendment to the U.S. Constitution that specifically grants naturalized citizenship to such children. Law Professor Susan Akram, an authority on immigration law, says getting such a law into constitutionally shape would mean having to amend the U.S. Constitution — which requires a two-thirds majority of both houses and approval by three-quarters of the states.

“Although Arizona’s effort to restrict the guarantees or benefits of birthright citizenship is by no means the first effort of its kind — and not likely to be the last — it has a very slim chance of passing constitutional muster.”

Contact Susan Akram, 617-358-3060, smakram@bu.edu