The Confederate states seceded from the Union on the issue of slavery. Will Arizona - and about 17 other states thinking along the same lines as Arizona - secede from the Union on the issue of illegal aliens? The issue of illegal aliens is more serious than slavery. Abolishing slavery meant taking away someone doing a job you wouldn't do. Protecting illegal aliens means taking away your job.

Employment of illegal aliens in times of high unemployment deprives citizens and legally admitted aliens of jobs; acceptance by illegal aliens of jobs on substandard terms as to wages and working conditions can seriously depress wage scales and working conditions of citizens and legally admitted aliens; and employment of illegal aliens under such conditions can diminish the effectiveness of labor unions." De Canas v. Bica, 424 U.S. 351.

Frustrated with the deluge of illegals and the failure of the feds to stop it, Arizona enacted S.B. 1070 "to discourage and deter the unlawful entry and presence of aliens".

THE LAWSUIT; ITS MOTIVE AND LOGIC OR ILLOGIC

The Obama administration sued Arizona alleging that (1) the federal government under the constitution has preeminent authority to regulate immigration matters, (2) Arizona's law is an immigration law, (3) therefore Arizona's law is unconstitutional. United States v. Arizona.

Private organizations have sued Arizona. Why would the administration still sue? "The lawsuit . . . might allow the Obama administration to feel righteous, pretend it's doing something about the nation's immigration mess, and appeal to Hispanic voters ahead of November's congressional elections." USA Today 07/07/10.

FEDERAL AUTHORITY OVER IMMIGRATION

The Constitution provides: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; . . . shall be the supreme Law of the Land," U.S. Const., art. VI, cl. 2; Congress shall have the power "to establish an uniform rule of Naturalization" U.S. Const., art. I, § 8, cl. 4.

"But the Court has never held that every state enactment which in any way deals with aliens is a regulation of immigration and thus per se pre-empted by this constitutional power." A state law prohibiting employers from employing illegal aliens is valid. De Canas v. Bica. A state law denying a driver’s license to an illegal alien has been held valid.

IS ARIZONA'S LAW AN IMMIGRATION LAW?

Arizona's law provides that: (1) for any lawful stop by a law enforcement officer, where reasonable suspicion exists that an individual is an alien and is unlawfully present in the U.S., the officer must make a reasonable attempt to determine the individual's immigration status by verifying it with the federal government; (2) aliens must carry their alien registration card; (3) it is a crime for unauthorized and unlawfully present persons to work, to smuggle aliens, or to transport or conceal illegal aliens; (4) warrantless arrests may be made of persons committing removable offenses.

An immigration law determines who should or should not be admitted into the country, and the conditions under which a legal entrant may remain. De Canas v. Bica. Applying this test, Arizona's statute is not an immigration law. It does not determine who should or should not be admitted, nor does it determine the conditions under which aliens may remain in the U.S. It is a valid exercise of police power. These provisions are similar to those found in the federal immigration laws. Even without a specific law police are already checking the immigration status of persons arrested. A unanimous Supreme Court upheld the authority of local police to ask the immigration status of persons lawfully detained. Muehler v. Mena, 544 U.S. 93. The law complements (makes perfect) immigration law.

IS ARIZONA'S LAW UNCONSTITUTIONAL?

You decide if Arizona's law is unconstitutional and predict how the courts will rule. Do not think that the Obama administration always wins. This is not like the Philippines. They just lost a case in Louisiana where a federal judge stopped them from continuing to ban offshore oil drilling. As for me, I will consult Paul the psychic octopus which accurately predicted the World Cup soccer games results.

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He practices in Hawaii, specializing in immigration law and criminal defense. Tel. (808) 225-2645. E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Website: www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.” an 8-volume practice guide for immigration officers and lawyers. Listen to the most funny, witty, and useful radio program in Hawaii on KNDI at 1270, AM dial every Tuesday at 7:30 a.m. and on KHBC at 1060, AM dial every Thursday at 8 p.m. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.)