by Jeremy Leaming
Justice Antonin Scalia, in his concurring/dissenting opinion in last term’s decision on Arizona’s anti-immigrant law, offered some unusual statements about Arizona’s need for such a ridiculously rigid immigration law, and even took a swipe at President Obama’s executive policy stopping deportations of some undocumented immigrants.
According to Scalia, Arizona was suffering from a deluge of undocumented immigrants. “Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy.” But he did not stop there and advanced another rightwing talking point for justifying wobbly and harmful state action on immigration. It’s all the federal government’s fault, he said. “Federal officials have been unable to remedy the problem, and indeed have recently shown they are unwilling to do so.”
It’s this mentality – undocumented persons are flooding states from coast to coast, using up scarce state resources and because the federal government won’t act, state lawmakers will – that undergirds laws like Arizona’s SB 1070 that also promote racial profiling and undermine all citizens’ rights.
In a just released ACS Issue Brief, Pratheepan Gulasekaram and S. Karthick Ramakrishan not only take Justice Scalia to task for failing to “provide sources for these seemingly crucial truths,” but reveal a study of 50 states and more than 2,5000 localities that show “political affiliation was the most significant factor in explaining” the enactment of laws like Arizona’s SB 1070.