Michigan Gov. Rick Snyder gets what many in his party do not: Immigrants bolster economies.
Snyder wants the federal government to allocate 50,000 employment-based visas over five years to skilled immigrants willing to live and work in Detroit. His administration argues that immigrants create businesses, jobs and economic growth.
Not everyone is convinced. The objection is predictable: Why not focus on getting Detroiters jobs?
Unfortunately for Snyder, and to the consolation of Detroiters worried that “they took our jobs,” the state of Michigan needs Washington’s permission to invite those immigrants to come work in Detroit.
Or does it?
What Arizona Said About State Power
When Arizona passed SB 1070 in 2010, supporters framed the controversial immigration law as an exercise of state authority in the face of federal inaction.
The U.S. Supreme Court later struck down three challenged provisions of the law but allowed Section 2(B), often called the “show me your papers” provision, to proceed. That section requires officers, under specified circumstances, to make a reasonable attempt to determine a person’s immigration status when there is reasonable suspicion the person is unlawfully in the country. The Court also made clear that future constitutional challenges to the provision remained possible.
The question is this: Will the Right allow the 10th Amendment to cut both ways, or will they deprive the gander of that freedom they so ardently afforded the goose?
Does the 10th Amendment Cut Both Ways?
If Tenth Amendment Center founder Michael Boldin has anything to say about it, it will be the former.
Boldin made the case in 2010 that the Constitution distinguishes between “naturalization” and “immigration.” While arguing that Arizona could establish its own immigration policy, he applied the same reasoning in the opposite direction:
“This would also be acceptable under the Constitution.”
In other words, if Arizona possesses constitutional room to pursue a more restrictive immigration policy, Boldin’s argument would give California, Michigan or another state the same room to pursue a more permissive one.
What’s good for the goose is good for the gander.
About the contributor: Ronald Smith is a husband, father of eight, professional geek, amateur rock star, armchair philosopher and theologian, and novice politician.