Illegal immigration: While states burn, Congress fiddles
By Larry K. Grooms
Thursday, October 11, 2007
Our great national debate about illegal immigration is hardly new to the American experience. Today the controversy has reached a fever pitch, but over 200 years ago Alexander Hamilton offered his take. He wrote that the safety of a nation depends “on the energy of a common national sentiment, on a uniformity of principles and habits, on the exemption of the citizens from foreign bias and prejudice, and on that love of country which will almost invariably be found to be closely connected with birth, education and family.”
I support legal immigrants and believe, as most Americans do, that they bring with them new talents, a strong work ethic, and a genuine desire to achieve the American dream. But now, by some reports, there are as many as 38 million illegal immigrants here.
The notion of a great “melting pot” is tossed out the window when we have a half-million new, undocumented men, women and children pouring across our borders every year. There’s no way a nation, even a nation as large as ours, can assimilate them quickly enough. By the very act of stepping across our border, illegals are at once tramping on the principles that have traditionally kept America strong — our abiding sense of fair play and the rule of law. The sheer number of them, by necessity, means that our national principles and habits are weakened. Hamilton’s notion of “a common national sentiment” is diluted with each passing day.
We experience the problem even in small, non-border states like South Carolina. Our schools are overwhelmed. The S.C. Department of Education can’t even tell me the number of undocumented children we have; a court decision requires that we provide for their education and prevents asking students about their immigration status. Our health care system is strained, too. An estimated 20 percent or more of the uninsured are illegal immigrants. Hospitals are required to provide care in many cases, and Medicaid reimburses providers. In schools and emergency rooms, it’s the taxpayer who foots the bill. Meanwhile, recent news reports point out that the wages of hardworking South Carolinians are falling because of illegal immigrants in our workforce.
The issue, however, has now transcended the old debates about government entitlements, cheap labor and even a common language. These great, unchecked waves are fostering a festering resentment in Americans. In this event Hamilton warned the very fabric of society becomes endangered, since ‘the harmony of the ingredients is all important.’ We are facing what he feared would come to pass. The problem is now so acute it should become a national security priority.
Since the most fundamental and important function of government is to ensure the safety of its citizens, what then can we do? South Carolina’s ability to effectively deal with the problem is hamstrung by provisions in the U.S. Constitution that leave immigration law solely within the jurisdiction of the federal government. The states have very few mechanisms available for meaningful reform. What limited legislation the South Carolina Legislature may be able to pass risks being shot down by federal judges. Yet Congress has not acted. While the states burn, Congress fiddles. A new and more basic, some would say radical, approach is needed.
S.C. Senate President Pro Tempore Glenn McConnell has introduced an ingenious plan that addresses the issue head on. Under Article V of the Constitution, the S.C. General Assembly can petition Congress to call a convention for the sole purpose of giving states the ability to address illegal immigration. This exceptional and unprecedented resolution, if approved by two-thirds of the states, would require Congress to call this convention, where the issue could be dealt with once and for all. The purpose would be straightforward: states would be given the ability to permit or deny benefits to illegal immigrants, as well as the ability to enforce federal immigration laws within their borders. States would also be given the ability to apprehend and expel violators and the provision would mandate that the federal government provide timely assistance with deportation.
The fact that apparently no one has thought of this move before reflects not only Sen. McConnell’s creative thinking, but also shows how far we have moved away from the notion of republicanism and states’ rights. The beauty of the proposal lies in its reliance on the most basic principles of our founding. It also has the practical effect of forcing action and could very well mean the states will get relief.
I am a co-sponsor of this resolution and will do everything I can to help ensure its passage. The call for a constitutional convention is a plea for help. If Congress can’t see the handwriting on the wall and do its duty, the states are obligated to do theirs.