Arizona's cautionary tale

Seemingly, there always is a better solution to a problem than a lawsuit.

But neither Congress nor the Arizona Legislature appears to be willing to budge an inch on the issue of illegal immigration.

State lawmakers say federal inaction on the issue has forced their hand. Meanwhile, the federal government, in a lawsuit filed Tuesday, says Arizona's new tough immigration law usurps federal authority.

This has always been uncomfortable territory — the friction between states' rights and federal supremacy. The U.S. Justice Department's lawsuit, which seeks an injunction to prevent Arizona's law from taking effect on July 29, says "a state may not establish its own immigration policy or enforce state laws in a matter that interferes with federal immigration laws. The Constitution and federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the county."

Interestingly, the lawsuit did not address concerns about the potential for racial profiling and civil rights violations — concerns frequently raised by opponents of the Arizona legislation, which requires police, while enforcing other laws, to question people's immigration status if there is reasonable suspicion that they are here illegally. This would include hanging out in an area where immigrants typically congregate, traveling in an overcrowded vehicle or speaking poor English.

The Arizona law also makes it a crime for legal immigrants not to carry their immigration papers.

The folly of the Arizona law is that even if it is allowed to take effect at the end of the month, there will not be an infusion of federal resources to address the "offenders" who will be arrested by local authorities, let alone sufficient state resources to address children of illegal immigrants who would potentially fall into state custody should their parents be detained and/or deported.

Utah should view these matters as a cautionary tale. Utah state government is not flush with cash to defend a similar challenge by the federal government should the Utah Legislature pass similar legislation. Rep. Stephen Sandstrom, R-Orem, who intends to file a "friend of the court" brief on behalf of the Arizona Legislature, needs to carefully consider the implications of that move and his expressed intention on filing similar legislation in Utah while a constitutional challenge is pending.

As the issue grinds through the courts, the federal government likely will not comply with state laws that dictate how it must deploy its resources. Federal money would be better spent apprehending drug smugglers, human traffickers or potential terrorists than arresting day laborers hanging out at a restaurant.