Balancing States Rights with Comprehensive Immigration Reform
Miami, FL (Law Firm Newswire) February 23, 2011 – States these days are insisting they have rights when it comes to doing what they want in relation to comprehensive immigration reform.
Over the years, virtually every year since the U.S. came into existence, every state has stood on its soapbox and insisted that it had rights. And indeed they do. However, these days, the rights seem to override or overshadow the right of the federal government to make changes needed for the country when it comes to comprehensive immigration reform (CIR).
“State’s rights have always been a cry to battle to preserve state sovereignty and keep the federal government out of their business. It was actually the reason for the Civil War after the election of Abraham Lincoln as president. Over the years, it has been used for a variety of reasons, but largely, it has been used in error because the Constitution is always getting misinterpreted to suit someone’s purposes,” said Larry S. Rifkin, managing partner at Rikfin & Fox-Isicoff, an immigration law firm with law offices in Miami, Florida and Orlando, Florida.
However, state’s rights cries are still very evident today, but for a different reason; comprehensive immigration reform. For example, the governor of Texas has been heard to threaten secession and has made comments about turning down federal Medicaid money. Of course, these comments were later whitewashed. But these areas are not the only ones in which many states are making aggressive stands. More of late it is seemingly becoming the norm to cry state’s rights when it comes to immigration reform.
In fact, a quick check of the news will show that Oklahoma and Arizona and other disaffected states have or are going to pass some really tough immigration laws; laws that will fly in the face of what the House on the Hill is attempting to do, which is eventually pass CIR.
“The thing is that the federal government is where the buck stops when it comes to immigration enforcement. This is not within the purview of each state. Unfortunately, if they keep up their current pell-mell rush to make up their own immigration laws, what is already a horrific mess of an immigration system will become even worse,” Rifkin said.
Sadly, it does not appear that some states are going to quit trying to run their own show(s), as many of them are firmly convinced that the federal government has too much power as it is. As a net result, rather than work with the Obama Administration, the states may well continue to try and blame immigrants for their predicament and enact laws to punish and deport them. “When the left hand isn’t communicating with the right hand, you can expect an ugly legal fiasco in the future,” Rifkin said.
Rifkin & Fox-Isicoff, P.A.
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Miami, Florida 33131
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