By Bill Ong Hing, Professor of Law, University of San Francisco

Introduction

We are a nation of immigrants, but we also are a nation that loves to debate immigration policy, and that debate reflects the battle over how we define who is an American.  The anti-immigrant movement in the United States is as strong as ever. Immigrant bashing is popular among politicians, talk radio hosts, private militiamen, and xenophobic grassroots organizations. They take full advantage of the high-tech era in which we live, as they complain about the “illegal alien invasion.” Their common thread is the rhetoric of fear. This hysteria leads to tragic policies that challenge us as a moral society. ICE raids, enormous funding for border enforcement, anti-immigrant ordinances, and record levels of detention are manifestations of the venom, while immigrants and citizen relatives are forced to suffer.

Arizona’s SB 1070 is an example of these results. The controversial law would make it a state crime for an alien to be in Arizona without carrying the required documents, bar state or local officials from enacting sanctuary laws, and crack down on those sheltering, hiring and transporting undocumented aliens. The intent of the legislation, major portions of which are currently enjoined, is to make life miserable for the undocumented in Arizona in hopes of achieving “attrition through enforcement.” Critics charge that the law invites racial profiling and exceeds state authority.

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