April 27, 2010 1:57 PM

Lindsey Graham: I Think Arizona Immigration Law is Unconstitutional

By
Stephanie Condon
Topics
In The News ,
Domestic Issues ,
State Politics
Lindsey Graham (Credit: AP)

Republican Sen. Lindsey Graham (S.C.) said Tuesday he thinks Arizona's new immigration law is unconstitutional and that "it doesn't represent the best way forward" when it comes to addressing illegal immigration.

He added, however, that the law reflects "what good people will do" when they are left with no other options.

Speaking at a Senate Judiciary Committee hearing today with Homeland Security Secretary Janet Napolitano, Graham said Congress eventually needs to tackle immigration reform but that it will be "impossible" to achieve reform until citizens in states like Arizona feel that the borders are secure.

"In this environment there is no hope of it passing," he said.

Arizona's new law, signed by the governor on Friday, would require immigrants to carry documents verifying their immigration status. It would also require police officers to question a person about his or her immigration status if there is "reasonable suspicion" that person may be illegally in the country.

The law has come under fire from activists and politicians across the country, even prompting the city of San Francisco to consider an economic boycott of the state of Arizona. The law is sure to face legal challenges from its opponents who say it encroaches on federal authority to regulate immigration and violates Americans' Constitutional rights.

President Obama has called the law "misguided" and instructed the Justice Department to examine its implications.

During a news conference today, Attorney General Eric Holder gave the strongest indication yet that the administration will try to block Arizona's immigration law from taking effect, CBS News Producer Stephanie Lambidakis reports. Holder said "the law is an unfortunate one that will be subject to potential abuse" and that the Justice Department is "considering a court challenge."

Meanwhile, at today's hearing, Napolitano said the law "signals a frustration with the failure of the Congress" to move on immigration reform.

She also said the Homeland Security Department is concerned the legislation would "distract from and siphon resources" the government has committed to focusing on illegal immigrants who are violent or commit crimes.

"We have concerns at some point we'll be responsible to enforce or use our immigration resources against anyone who would be picked up in Arizona," she said.

Napolitano said that "the numbers at the border have never been better" when it comes to keeping the border secure, adding that efforts to maintain security should be sustained.

"At the same time, comprehensive immigration reform should be in our sights," she said.

Arizona Immigration Law Prompts San Francisco to Consider Boycott of State
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Arizona Immigration Law Faces Legal Challenges
Will Arizona's Law Lead to Racial Profiling?
Arizona Immigration Law Fight Far From Over

Senate Majority Leader Harry Reid (D-Nev.) has made the calculated decision to promise to take up immigration reform legislation this year. While Graham has worked to achieve bipartisan immigration reform, he was incensed by Reid's decision because it could effectively put climate change legislation on the back burner for the year -- a higher priority for Graham.

The South Carolina senator ultimately pulled out of the bipartisan talks over climate change because of Reid's commitment to pursue immigration reform first.

Graham said today he thinks Congress can accomplish immigration reform by 2012, "if we're smart."

Sen. John McCain, a Republican from Arizona, similarly told the CBS "Early Show" today that border security must be increased before a bill passes.

Napolitano said today that the drug violence plaguing Mexico has not spilled over the border as much as some may think. She added, however, that some cities, like Phoenix, have been hard hit by violence from the cartels.

House Majority Leader Steny Hoyer (D-Md.) told reporters today that he agrees that borders must stay secure, CBS News Capitol Hill Producer Jill Jackson reports.

"We cannot have people coming into the United States of America that are not authorized to do so," he said.

Hoyer reiterated the House's stance that it will take up immigration reform after the Senate does so; otherwise, he said, the House bill would "simply sit there" while the Senate tried to reach an agreement.


Add a Comment See all 120 Comments
by lunaeli May 24, 2010 10:54 AM EDT
i think americans should understand that yes we as hispanics understand that yes there are illeagl people who just come to cause problems but then there are people who come here to work now look at you guys i would like to see you guys go out and work in a feild for minimum wage or even lower under the table but not like you guys, you guys prefer to sit at home and receive money from the government and child support this country was at one point formed by immigrants but now everyone sees it wrong if you guys hate us so much why are there so many americans with hispanics, african americans, asians, etc. its all the same we all come here the same way if americans dont want to know anything about us why do you guys go to foreign countries for vacations............................
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by ring46 May 2, 2010 1:24 AM EDT
I think Arizona is right Mexico do not went us down there so why should we put up with their people up here!
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by CBSII May 1, 2010 8:51 AM EDT
It certainly seems as though Arizona opened a can of worms...everyone is up in arms and the only other thing bigger in the news is the oil spill and fire. Don't we still have two wars going on ? Don't we still have a 'crushed' economy ? Don't we still have an inept government, as again displayed, in their response to the oil spill? Don't we have a group of 'people' in DC whom DO NOT represent the fine people of this nation?
Excuse me, but somehwere we have lost direction. WE here in Arizona are mad....one rancher killed, others daily threatned...yes, it's big news but once again it's DC who is NOT enforcing existing laws. Could Corporate America be up to their eyes in this mess behind the scenes?
Could political American be bought off, could Judges be bought off all by the Cartels? Could we be as corrupt as Mexico only a tad bit smoother? You tell me for I know my thoughts...what are yours?

Chuck
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by pauper2010 April 28, 2010 10:52 PM EDT
If any American is upset with the new law in Arizona should look in the mirror and see if they are good enough to take the "illegal immagrants jobs". No American in this country is willing to work for minimum wage much less manual labor anymore. you would rather make zero dollars an hour and find a way to get free money than work. The rest of us pay for it. Our country at one time was willing to work, now it is nothing more than a "GIMME A FREE RIDE" society. This country needs to wake up and see that its self-destructing because of the constant begging for more free things in life including money. Stop expecting 30 dollars an hour when you are maybe worth 2. I could keep going on but I am getting pist just typing this so good evening!
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by Ima_Goodnurse April 29, 2010 11:48 AM EDT
"GIMME A FREE RIDE"??-- Give ME a break! I was one of the MANY unemployed thanks to our Federal government's "hands off big business" regime. I was unable to find work for nearly 1 1/2 years in what was once thought of as being unemployment-proof!

"you would rather make zero dollars an hour and find a way to get free money than work"--I would have taken ANY job that I was physically able to perform. I live in the East & was applying for jobs everywhere...hey, EVEN in ARIZONA!! I spent money I couldn't afford to spend getting licenses to work LEGALLY in other states. I HATED receiving unemployment benefits. I HATED having to apply for Food Stamps b/c my benefits didn't cover monthly bills much less necessities such as food & medicine. I say *apply*, b/c I made $11 a month "too much" w/ my meager unemployment benefits to receive Food Stamps!! How many illegals hear THAT?? How many of them have life threatening medical conditions but can't see a doctor b/c they are uninsured? They are able to be cared for, at OUR expense, at a free clinic. -I-, who pay my taxes even if I can't afford to replace worn out clothes or those I've lost too much weight to wear comfortably b/c I couldn't afford to BUY FOOD, didn't fit the requirements for those clinics.

Maybe I should get a good spray tan & change my name to Gomez?? Sorry for being snarky, but to borrow YOUR terminology "I am getting pist just typing this" I don't normally lower myself to coarse language, but I'm angry. I think people should think before speaking on an issue they know little or nothing about. Who's getting the free ride here, unemployed Americans or illegal workers (often w/ their entire extended family living in a one bedroom apartment. I actually knew a man who did this, who eventually became a US citizen I might add) who are getting food stamps, free medical care, & Lord knows what else our government is paying for?

As I said in an earlier post: I have nothing against ANYONE who comes LEGALLY. (unless of course they are planning terrorist activities & use legalities only to enter this country but that's another story) As for having to show proof of being here legally - I've always believed, WAY before this issue BECAME an issue, that if you haven't done anything wrong, haven't anything to hide, you don't have to worry about it. I had no problem knowing that I could be asked for my papers at ANYTIME by the Polizei b/c I WAS in country LEGALLY.

Legally - that's the true issue. Isn't it??
by holobyte2 April 28, 2010 7:43 PM EDT
Senator Graham, the AZ law is the same as the US law and since the
US government (you) is derelict of their sworn duties to the citizens of the US, the people of Arizona must take up the burdon of your neglect. Suggest you reread your oath of office. All citizens of the US, the subversives and seditionists in our government are now revealing themselves, note their names and prepare to recall or vote them out. A good start would be the Mayor of Phoenix.
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by plyl8012 April 28, 2010 3:33 PM EDT
I tell you what I think! I think Lindsey Gramnesty is a republican in name only. He is not speaking for the majority of South Carolinians about this issue.I also think Arizona's Governor reacted because to many spineless politicians in Washington would not. They are more worried about getting the votes of these illegal alien invaders than they are the safety and security of the American people.The rich politicians better remember whose backs they rode to get their riches and their power and stop stomping the legal U.S. CITIZENS int the ground because we are sick of it.
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by dcreno April 28, 2010 1:03 PM EDT
Graham thinks its unconstitutional because his house keeper and pool boy and gardener are probly all illegal. im tried of seeing my kid fail at school because the district has to spend money on the teaching the illegals english(esl), when it could be spent on kids that belong here. pretty screwed up that in order to be a candidate for a job i have to be bi-ligual.. horse cr@p!!!i have to be rationing 1 box of mack and cheese for my whole family before i can get help.but illegals can come here and get free food, shelter, medical and a free educationon our dime ..
go home illegals!!
Reply to this comment
by gingerb23 April 28, 2010 5:49 PM EDT
It is spelled probably, bilingual, English and Mac N Cheese.

I don't think your kids are failing because of "the illegals".
by fna0356 May 8, 2010 7:27 PM EDT
Hmmm..if your kids are failing at school you should try looking in a mirror for the reason. Kids don't fail because another kid is learning english. Kids fail because they don't apply themselves or their parents don't help them.
by compton79 April 28, 2010 11:58 AM EDT
what i REALLY HATE is the people who pop out 15 kids and get welfare from our TAX PAYERS AND think it is a way of life ...WE WHITE PEOPLE HAVE A RIGTH TO STAND UP AND FIGHT FOR OUR COUNTRY AND OUR WAY OF LIFE ..... I THINK ILLEGALS HAVE TAKEN ADVANTAGE OF THIS COUNTRY WELFARE , HOUSING , STEALING JOBS FROM US AND IT NEEDS TO STOP SOMEWHERE !!!!! PROTECT AMERICA FOR OUR FUTURE OF OUR CHILDREN !!!!!!
Reply to this comment
by gingerb23 April 28, 2010 5:52 PM EDT
38.8% of all people on welfare are white, 39.8% are black.
by tb1955 April 28, 2010 10:15 AM EDT
Let them boycott, let them kick and scream like so many spoiled brats whose candy has been taken. You are saluted Arizona! What was that word Obama used? Misguided? If it is misguided, it is in large part because you, Mr. President, and your counterparts have failed to
"lead, and guide". Sad part is, I don't know that you have the capacity to lead and guide, because of being so out of touch with the real America, which represents liberty, and the freedom from overstepping dictates from the federal level. How do politicians get so far removed from reality. Someone should put together a committee to study that question, but please, no czars.
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by Ima_Goodnurse April 28, 2010 7:58 AM EDT
All I can say is that when I was married to a member of the US Army we were stationed overseas several times. We ALWAYS had proof, & able to show it at any time, of our legal "permission" to be in country. The local authorities could ask for our papers for any, or no, reason. Why is it wrong to ask the same of those who come to the US? I, & I believe many people, have no gripe about anyone to comes here through the correct channels.

In another vein, we learned the local languages so we could speak to our neighbors while in country & not be "Ugly Americans". It would be nice if our "visitors" would show the same respect & learn English.
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