Wednesday, August 31, 2011

Feds, States Move Farther Apart On Immigration Enforcement ...

Today?s Courier Herald Column:

Roughly two months after part of Georgia?s new immigration reform laws have officially taken effect, the divide among Georgians over the issue is as deep as ever. Farmer?s in South Georgia who have previously complained about not having sufficient labor to pick their crops are now saying they are cutting back on planting for the fall harvest, according to Georgia Public Broadcasting.

GPB cites anecdotal evidence from a vendor of irrigation equipment that most of his customers have cut back fall plantings from 20 to 50 percent. He claims his sales, despite persistent drought conditions, are off by roughly one third overall.

Earlier in the season, the Governor and Agriculture Commissioner attempted to match unemployed Georgians, including probationers, with open farm jobs. Farmers found the substitutes for experienced pickers who were used to field conditions under a hot Georgia sun to be less than ideal, with many of the newer laborers unwilling to last their first week. Migrant workers, both legal and illegal, are believed to have begun avoiding Georgia for neighboring states well in advance of the official July 1st effective date for the new law.

The new regulations target Georgia employers who hire illegal workers and Georgians who knowingly transport and/or harbor them. It was patterned after laws passed earlier in Arizona, with Georgia and other states passing or considering similar legislation. Alabama?s law was blocked by a federal judge on Monday, joining Georgia and Arizona?s laws working their ways to through the federal courts.

The legal battle pits the states squarely against the Federal Government, with the states claiming the feds are deliberately shirking their responsibilities with respect to immigration and border control, while the feds claim the states are preempted by the U.S. Constitution from attempting to set immigration policy on a state by state basis.

When ruling in June to block part of Georgia?s law from taking effect, Federal Judge Thomas Thrash stated ?The widespread belief that the federal government is doing nothing about illegal immigration is the belief in a myth. Although the Defendants characterize federal enforcement as ?passive,? that assertion has no basis in fact.?

Yet exactly one week ago, the federal government began releasing thousands of illegal immigrants who were in various stages of proceedings leading to deportation, based not on existing law, but on an executive order. The federal agency in charge of deporting those here illegally stated they will now consider deportation for those who are ?criminal aliens, recent border crossers and egregious immigration law violators, such as those who have been previously removed from the U.S.?

The decision to allow up to 300,000 known undocumented immigrants to remain in the U.S. does not reflect the law of the land, and would seem to contradict Judge Thrash?s assertion. Those supporting the selective suspension of enforcement openly advocate the move as preparation for the Dream Act. This would allow those who have been in the U.S. since their childhood a direct path to citizenship. The Dream act has been rejected in the Congress as a solution to the problem, but a comprehensive approach to fixing this issue remains elusive. Congress has expressly failed to find any reasonable approach to even working on the subject of immigration and protecting the U.S. borders. In the process, the states and executive branch of the U.S. government have given opponents of a middle-ground compromise a boogey man they will both use to rail against.

Those on the right now have another ?amnesty? to decry based on the Obama administration?s decision to pro-actively ignore existing immigration law. Those on the left continue to charge state level efforts are designed to make Hispanics, many of whom are legal citizens, ?show papers? upon request of any law enforcement official. All the while Georgia?s farmers, restaurateurs, hoteliers, and the few remaining builders and tradesmen continue to claim labor shortages despite the state?s roughly 10% unemployment rate.

Immigrants, whether documented or not, are clearly a significant part of Georgia?s economic base. ?Amnesty? is not a program favored by most Georgians or Americans. Yet massive deportation would be disruptive on many levels, as demonstrated by the reduced production in Georgia?s bountiful agricultural industry.

Georgia?s legislators have a couple more days in Atlanta while awaiting the Senate to pass the final map of the special session. Perhaps a bit of the time they spend in conversations with their peers they could discuss how they can assist and empower the 16 Georgians we will send to Washington next year can successfully find the right balance between honoring our nations? laws while finding a way to document those who are here working jobs that Georgians have demonstrated they clearly do not want.

Source: http://www.peachpundit.com/2011/08/30/feds-states-move-farther-apart-on-immigration-enforcement/

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