Florida Immigration Law Blog

Are Foreigners “Welcomed to America”?

Posted in Immigration Enforcement

I previously wrote how Immigration Enforcement Hurts Florida Citrus Industry. In that post, I referred to efforts by the Florida Governor and Legislature to enact immigration enforcement laws akin to those in Arizona and most recently in Alabama.

Many such legislative efforts are justified under the mantra of national security, creation and/or protection of jobs in the U.S economy. While both of these are worthy goals in a free and democratic society such as ours, such laws should not place undue burdens on the personal freedom of citizens and non-citizens alike.

Unfortunately, many such legislative efforts are falling short. Not only are they failing to deliver what they promise, i.e. more security and economic prosperity, but they are fostering an environment of militant enforcement and persecution.

Case in point is the recently enacted law in the State of Alabama, which among other things, requires that police check citizenship status of anyone during traffic stops and arrest anyone who doesn’t have proper identification in order to appear before magistrate. Under this new authority, Alabama police recently arrested a German national, legally employed in Alabama as a Mercedes-Benz Executive for failure to have a driver’s license or proper identification. Prior to enactment of this law, in Alabama, like most other states, a person without a license in their possession wouldn’t be arrested but instead would receive a ticket and a court summons.

These types of laws inadvertently result in anti-foreigner sentiment that is driving foreign investors and tourists away to other parts of the world. Unfortunately, the environment at the federal level is not much better. The enforcement focus of the Obama Administration and the U.S. Congress has led to inspection, enforcement and adjudication practices by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement and U.S. Citizenship and Immigration Services that are earning our country a reputation for being more trouble than it’s worth when it comes to travel and investment. This is reflected by new government initiatives, such as the one I wrote about in USCIS to Announce Initiatives for Attracting Foreign Entrepreneurs and Investors.

Ironically, Fox News reports that the U.S. Department of Justice finds that the law has a negative effect on enforcement. The U.S. Attorney’s office states that the Alabama law hurts enforcement as it places additional demand on limited federal enforcement resources that could be more efficiently deployed toward higher agency priorities such as arrest, detention and removal of serious criminals.

As a new election year approaches, new proposals and legislative efforts are likely to be debated. After years of an “enforcement only” approach, we are now seeing some of the consequences. Our nation and its individual States may seek to enact similar laws and seek support from their constituents. CAVEAT EMPTOR!