The U.S. District Court in Arizona decision to let stand certain provisions of the Arizona HR1070 now points the way for states to "amend" their own laws in ways that will legally enforce immigration law without stepping on the toes of the Federal Government which has chosen to not enforce the laws it is legally required to enforce.
States cannot arbitrarily seek to verify the immigration or citizenship status of a person because they "look illegal" and because it is the bailiwick of the Federalis to handle matters related to controlling illegal immigration. But the states can enforce matters related to state prerogatives as long as it is done in a way that is not blatantly discriminatory. What might those matters be?
- Driver's licenses - all people wishing to have the privilege of driving within a state must have a valid driver's license or be subject to penalties defined by the state. All people seeking a driver's license must produce a U.S. birth certificate or immigration papers showing naturalization or legal entry to the state.
- Schools - all children attending a school supported by state funds must produce a U.S. birth certificate or immigration papers showing naturalization or legal entry to the state. This is not a requirement to be enforced for "home schooling."
- Employment - all persons seeking employment within a state must produce a U.S. birth certificate or immigration papers showing naturalization or legal entry to the state. [Employers are already required to check such status under Arizona law].
- Welfare - all persons seeking state assistance must produce a U.S. birth certificate or immigration papers showing naturalization or legal entry to the state.
Hospitals and those seeking care at a hospital are exempt. The rest are within the bailiwick of the state to set the basis for having the state grant privileges or providing support. As long as all persons are required to provide such proof, there is no discrimination nor is there an issue with the federal government which does not have jurisdiction in matters of state roads, schools, employment matters, or welfare.
As governor of a state such as Arizona, I would test the Federal Government at every turn... and I would have the support of legal residents of the state in doing so. I would try any person who attempted to use counterfeit citizenship or immigration papers under the fraud laws of the state.
The message should be clear: You can come to this state because the Federal Government refuses to do its job, but don't expect to be welcomed or supported. Get in line with the rest of the immigrants from around the world and show that you belong legally.