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Opposition to illegal immigration is becoming a clarion call for state and local Republican officeholders, as conservatives, tired of waiting for the federal government to act, are taking matters into their own hands.
Red states and cities are jumping on the bandwagon driven by Arizona and its strict new immigration enforcement, and by cities such as Hazleton, Pa., which passed a law requiring businesses and landlords to screen for illegal immigrants. Florida, Idaho, Mississippi, Nebraska, and Texas are among the states where Republican legislators are calling for crackdowns. Some governors, gubernatorial candi-dates, and legislators say they want to get even tougher than Arizona on illegal immigration.
Blue states and cities are playing defense, maintaining support systems that serve all of their residents, including immigrants. Any pro-immigrant messages coming from blue-state legislatures are typically muted and coded, however. Most of their policies address immigration tangentially, through professional-licensing qualifications or social services, for example.
Congress's failure to act could end up making the courts the ultimate arbiters of immigration policy, as judges start whacking at state and local laws that are popping up like moles in various regions. The resulting balkanization could leave some localities and regions with tight controls on undocumented residents and some unspoken "sanctuary cities" or states with greater tolerance for illegal immigrants. The inevitable patchwork would reflect the nation's sharp divisions over the issue.
"It's sort of really becoming one of those stump questions now, like abortion was. It's hard now to have a nuanced opinion," said Muzaffar Chishti, director of the Migration Policy Institute's office at the New York University School of Law. "People don't even know what the law is, but it's suddenly becoming a litmus test for politicians."
Across the political spectrum, city and state officials agree it's the federal government's job to deal with immigration. But Congress has flopped spectacularly at that task. The increasingly bitter conflicts between Republicans and Democrats in Washington suggest the chances for any federal overhaul in the next few years are slim.
White House Domestic Policy Council Director Melody Barnes says that President Obama is "as committed as he's ever been" to a comprehensive immigration overhaul. But Obama has not made immigration policy a priority thus far, to the dismay of some Hispanic activists...