Asked & Answered

By Steve Thorpe Legal News The U.S. Supreme Court announced on Monday, Dec. 12, that it will rule in its 2012 session on Arizona's tough new immigration law. The law requires police to check the immigration status of anyone they detain who they suspect is in the U.S. illegally and requires immigrants to carry their papers at all times. The law is a hot button issue in what promises to be an especially contentious election year. Prominent immigration attorney N. Peter Antone of Antone, Casagrande & Adwers, P.C. shares his thoughts on the subject. Thorpe: What, if any, impact might a Supreme Court ruling on the Arizona law have on current Michigan immigration law? Antone: In Michigan, there was a pending bill similar in scope to Arizona but not as comprehensive. That bill might have died out. Most likely, the Legislature is waiting for any Arizona decision to come out before revisiting the proposed legislation, or before introducing a new bill. Despite the activity in the Legislature, Gov. Snyder has explicitly said Michigan should not and will not have an Arizona type law and in that case, he might resist any restrictive tendency by the Michigan legislature, even if the Arizona law is approved. Thorpe: There are also laws being challenged in South Carolina and Utah. If the Arizona law is upheld, do you foresee a patchwork quilt of immigration laws in the U.S.? How will that complicate the job of attorneys? Antone: The patchwork quilt is already formed, albeit in its early stages. Many states have passed some kind of state immigration law in the past two years. So, regardless of the decisions on these recent cases, the trend is already set and in motion. The extent to which the state laws will go and perhaps the number of states that implement laws will very likely be impacted by the decisions on Alabama, South Carolina, Arizona, etc., but it is already clear that states are increasingly interested in having a hand in immigration enforcement. While this will certainly impact the work of attorneys, it will significantly impact the lives of even lawful immigrants. Each state will handle its immigration-related laws and policies differently, but the result will almost inevitably be that determinations of what is ''legal presence'' and who is here ''lawfully'' will increasingly be made by civil servants completely unfamiliar with what is largely recognized as one of the most complex legal frameworks in the U.S. For example, in Michigan, the Secretary of State now has very broad discretion to determine who is eligible for a driver's license. The guidance previously provided by law was removed by the superseding bill signed into law in September. What was already an infuriating process of obtaining a driver's license, even for those here lawfully, will now very likely be made even more inconsistent with Secretary of State office clerks having less guidance and more discretion in determining who is here lawfully and eligible for a license. Surely this will be an unwelcome development for the clerks as well, who are now expected to resolve what are often complicated questions, even for immigration lawyers. For immigration lawyers, employment-based visas may become more complicated in terms of what restrictions states place on employers and their ability to hire non-residents of the state or non-citizens. Michigan has at least 12 bills pending in the House that will require employers to sign written contracts limiting who they can hire. If each state has such restrictive laws, it will become increasingly complicated and difficult to practice federal law in several states, which is currently the status quo. Additionally, for any immigrant who is arrested or who has any type of criminal record, the states are increasingly eager to require police to enforce immigration law by inquiring about immigration status and requiring them to turn any non-citizens over to ICE. This will make it increasingly difficult for many lawfully present immigrants to live their lives as police will again be left to determine what is lawful presence and who is here lawfully. Some people who are lawfully present cannot easily prove it with a single piece of paper. I anticipate lots of time and money spent on analyzing status and undoing the damage of wrongful arrests. Thorpe: What issues do you see on the horizon for Michigan immigration attorneys? Antone: Frankly, the more complicated immigration law becomes, the more work might be available for immigration attorneys. But, society as a whole is losing big time for numerous reasons: Our current immigration law is very unforgiving. For example, there are several million U.S. citizen kids who have a parent who is undocumented. If we deport all those parents, we would have spent a fortune of taxpayers' money to create a generation of kids who have been raised without proper parental guidance, who are more likely to be on welfare, and who are more likely to have educational and psychological problems, costing our society dearly in the future. The current wave of state laws purportedly against the undocumented will create an opportunity for those who recent immigrants to abuse the law against those who look different. Our country's image will change into a non-hospitable one. This will open the door for violations of civil liberties, even for legal immigrant. This will also affect the impression which others have of us, causing negative impact on tourism, foreign investments, trade, and ultimately negatively affecting the US economically and otherwise. The issue of the undocumented is ultimately an issue of market needing labor with certain skills, with willingness to do tough jobs, and responding to seasonal needs. We need a workable guest work program that will alleviate the incentive for the undocumented entering our borders illegally and which will allow us then to more easily protect the border from those who seriously want us harm: drug dealers, terrorists and the like. Finally, the current hysteria against the perceived harm from the undocumented and the willingness of some politicians to demagogue this issue is creating an atmosphere where it is difficult for policy makers to discuss or resolve immigration issues intelligently. Published: Mon, Jan 2, 2012

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