Heated immigration hearing previews upcoming battle over Arizona law

Hundreds gathered at a rally supporting Arizona's new law on illegal immigration as they listen to speakers near the capitol Saturday, June 5, 2010, in Phoenix.

/ AP

(CBS News) Democrats in the Senate engaged in a pointed debate on Tuesday with the author of Arizona's controversial immigration law, with both sides accusing the other of distorting the facts and failing to serve their constituents.

The acrimony on Capitol Hill offered a preview of the political rancor that could erupt later this summer, when the Supreme Court rules on whether that Arizona law is constitutional. The Supreme Court is slated to hear arguments on Wednesday on whether the law, known as S.B. 1070, oversteps the states' authority on immigration law enforcement -- an obligation traditionally left to the federal government.

Democratic Sen. Chuck Schumer announced Tuesday that should the Supreme Court uphold the law, he'll introduce legislation on the Senate floor to invalidate it and reiterate the point that Congress does not intend for states to enact their own immigration schemes.

"Immigration has not and never has been an area where states are able to exercise independent authority," he said at a hearing held by an immigration subpanel of the Senate Judiciary Committee. "It's simply too damaging to our economy and too damaging to our democracy having 50 states doing 50 things" on immigration.

At issue wasn't just the law's practicality. Opponents of the law who testified before the panel said the bill encourages racial profiling and has divided the Arizona community. Democratic state Sen. Steve Gallardo of Arizona called it "the worst piece of legislation ever passed in the state of Arizona."

Former U.S. Sen. Dennis DeConcini, a Democrat from Arizona, said, "I'm embarrassed for my state" and apologized specifically to the Latino community.

Meanwhile, former Arizona state Sen. Russell Pearce -- the Republican who authored the legislation -- said "the invasion of illegal aliens we face today... poses one of the greatest threats to our nation." He cited the threat of terrorists entering the country illegally, as well as murders on the U.S.-Mexico border carried out by undocumented immigrants.

Pearce blasted the Obama Administration for attacking Arizona for "enforcing the law, protecting our citizens, protecting jobs for lawful residents, and protecting the taxpayers and the citizens of this Republic in attempting to secure our borders."

Schumer grilled Pearce on a series of controversial aspects of the law: For instance, he asked why law enforcement officials are advised to judge whether a person may be undocumented based on their clothing.

"What does an illegal immigrant dress like?" Schumer asked pointedly. The two sparred over whether the advisement came from U.S. Immigration and Customs Enforcement (ICE).

Pearce also locked horns with Democratic Sen. Dick Durbin over whether the DREAM Act provides "blanket amnesty" to undocumented youths. On top of that, the opponents of the bill who testified with Pearce called into question the data he cited to prove the law has been effective.

Even before the hearing began, it was a contentious scene: Schumer and Durbin were the only two lawmakers who attended, with Republicans dismissing the hearing as "political theater." Additionally, Arizona Gov. Jan Brewer, a Republican, declined Schumer's invitation to testify.

Schumer said Republicans were "absent from this hearing just as they've been absent from every attempt we've made to... solve this problem [of immigration]."

While the Supreme Court will hear arguments on the Arizona law's constitutionality on Wednesday, it will announce its ruling sometime in June -- right in the middle of the presidential campaign. Schumer mentioned the praise that Republican presidential contender Mitt Romney has given the law, a sure sign that the GOP contender will be hounded on the issue by Democrats for months to come.

[rightontarget]

Look folks, just because the majority of "illegals" in this country are Hispanic (just because it's easier for them to sneak in) that does NOT mean the issue has to be racial. (although I know it would be for any prejudiced person) Personally I would be just as adament about deporting some French Canadian that crossed into our country illegally as anybody from Mexico or Cuba. It's about SNEAKING in, REGARDLESS of what your race is. I don't care if you're Asian, German, Canadian, Mexican or WHATEVER. If you are here illegally you need to GET OUT! Too many honest, decent people immigrated LEGALLY to our country from all over the world. It's an INSULT to them to allow ANYBODY to get away with being here illegally!!!!!!!

[slatep]

If the Supreme Court declares the immigration laws currently in place in Arizona and other states, they should then insist that the Federal government meet their sworn duty to uphold the Federal laws starting tomorrow.

Failure to enforce the Federal laws by Obama is criminal; yet he has the gall to sue Arizona and other states for doing his job for him.

This man has failed, lied, backtracked and flip-flopped so many times in the last three years; it's almost impossible to determine what he actually stands fo.

In the very few first months of his Presidency he spent a lot of time tearing down the United States, bowing down to leaders of countries who are our sworn enemies.

He has and still is attempting to tear down our Constitution and destroy the Bill of Rights.

Do we really want to see this man re-elected.?

Between Obama, Boehner, Ryan and Cantor; I decided to change my affiliation to Independent, because I don't want anybody coming back at me and accusing me of supporting these people.!

[SantaFe--HomeBoy]

I see the racist site manager deleted my post and banned me because I dared to criticize the White liberals in the Democratic party who use us and blacks to get our votes but do nothing for us and then have the nerve to stick their nose Hispanic affairs to protect the illegals so they can vote for Obama with false and stolen IDs.

Where do you get off banning me for my opinions because I'm Hispanic and use a Hispanic style of user name you bigot.
This isn't the first time you have done this and it only happens after 5PM. I never have problems until this bigot comes on duty.

Ban me again tonight and tomorrow morning and through the day I will keep coming back and tell everyone one what a hateful racist you are.

I never ever see other Hispanic user names on here and now I know why.
Another closet racist liberal working at CBS pretending to care about minorities for political reasons.
You should be ashamed of yourself!

[magyar12]

Democratic Sen. Chuck Schumer is an idiot. Thankfully, the US Supreme Court doen't care what he thinks. The Court will support AZ. It will not give the federal govt. permission to NOT enforce federal immigration law.

[reality_sanity]

THE US Congress provided Arizona and every other state the opportunity to enforce immigration laws under INA 287G. The Arizona law is unconstitutional because it attempts to amend INA 287G which covers immigration that according to the US Constitution IS A POWER OF THE US CONGRESS and not the states. Besides immigration law muse be standard for the entire nation per the constitution and no state can pass a law binding outside their own borders.

[ppaulville]

AZ isn't enforcing it's own immigration law. AZ is not deporting illegals - all illegals found in AZ are turned over to the feds to dispose of as they wish. AZ is not issuing or revoking visas, admitting people into the U.S., issuing green cards, etc. AZ is merely enforcing federal law, which it legally may do.

Tired of whiny northeastern liberals like Schumer whining about illegal criminal trespassers. Go live in a southern border state for a year or two. After seeing prisons filled with illegal gang members, rampant ID theft, wage depression, schools full of ESL students, hospitals full of illegals, and accidents frequently occurring with uninsured, unlicensed illegal drivers, even Schumer would be ready to patrol the fence.

[reality_sanity]

Yes Arizona could enforce federal law BY FOLLOWING FEDERAL LAW INA 287G. Arizona's SB1070 attempts to rewrite federal law INA 287G which is unconstitutional.

[3j333]

The whole idea behind this legislation is flawed. Senator Pearce is trying to gain support by appealing to fear, calling the illegal immigration situation an "invasion of illegal aliens" as if our country is under attack and the nation's security threatened by the presence of illegal immigrants. Senator Pearce again appeals to fear when he states that there's a threat of terrorists illegally entering the country as well, a claim for which he provides no evidence. He's also making somewhat of a hasty generalization. The senator mentions murders on the border committed by undocumented immigrants as a reason for his legislation; however, he is basing the need for his legislation on a small percentage of the population. Thus, his appeal to fear is unsupported, illogical, and prejudiced as well.

[ammo17]

these are not immigration hearings they are illegal immigration hearings.print it right or don`r print at all.

[greenlantern1]

I am a white guy that hates these games.
We are all familiar with Davy Crockett, Jim Bowie and Col. Travis.
Less well known are the Hispanics who fought for that Texas shrine.
Were the Tuskagee Airmen Americans?
The Rainbow Division?
I was born in the USA.
I used to be a Republican.
Nevermore!

[Daves1221]

The illegal immigration occupation Armageddon

This Wednesday the U.S. High Court will hear Arizona vs. United States and its resistance to the incredible harassment of its policing statutes by the Department of Justice. SCOTUS will either, uphold S.B 1070 for this small defenseless border state, whose deficit was a monstrous 2.7 Billion dollars in 2009 or fall fail to the incompetent DOJ. Democratic Senator Charles Schumer said on Tuesday if the Supreme Court upholds Arizona's law, he will introduce legislation that prevents state and local authorities from enforcing their own immigration regulations. This would be the perfect storm to eject all the Democratic Senators, and their thrall of hard core Liberals out of Washington. These are the reasons that illegal immigration is thriving to not only accumulate illegal votes in November, but the $113 billion dollars extorted from our taxes to illegal alien welfare.


Neither this administration or its predecessors have secured the border fence. Both political parties have failed miserably to protect this country from the illegal alien occupation. Additionally the American voter must drive, track and use the severe pressure of their vote to verbally intimidate every Republican, Democrat and Liberal, informing them that they will unseat them. It is imperative that whatever the outcome of the Arizona court conflict, is to force passage of E-Verify. E-Verify mandated law would authenticate whether somebody can get employment or not? Other persons flagged will have the choice of clearing up their problem with the Social Security administration near them?

They must demand from GOP John Boehner, to stop blocking the bipartisan E-Verify "THE LEGAL WORKFORCE ACT" from being introduced in Congress by Texas Senator Lamar Smith. Taxpayers are continuously suffering at the hands of corrupt politicians who have sold us into financial slavery by allowing illegal immigration to persist almost unopposed in coming here. A second law to support The Legal Workforce Act H.R. 2885 is to amend the Birthright Citizenship Act of 2011 (H.R.140); the country cannot maintain in subsidizing billions of dollars being extracted from the 50 states? Not just the bad politicians should be thrown out of office, but state Governors, Mayors, Judges and all elected officials, and substitute them with Fresh Tea Party leaders who will insure everybody gets their fair share of the American Dream and enforce all laws attributed to the Constitution and the Rule of Law.

The consequences of pregnant females smuggled across our border, who fly in just to take advantage of the U.S. unfunded mandates laws for hospital delivery. Don't know who to call in Washington, and then phone [phone]? The switchboard will connect you with your Representative aid? Every prospective contender would be well advised to read the immigration sullen statistics advanced by "The Heritage Foundation". According to American Federation of Immigration Reform (FAIR) there is a 2.5 Trillion dollars price tag to legitimize the 20 million plus Illegal's who have settled here? All patriotic Americans should locate your local TEA PARTY chapter. The Tea Party is the people's party and it welcomes every citizen and lawful resident who came to America legally. On the American Patrol website, covers the illegal alien issue, but a daily helping of the e-media from the National media, revealing everything that is against "the Rule of law' and the sovereignty of this nation, constantly broken by Obama people.

[greenlantern1]

Did a fence stop Patton?

[rightontarget]

LEGAL immigrants are part of what has made this country great! Most all of our ancestors at one time immigrated to this country. Those who have gone through the system, whether Ellis Island or more recently, actually have MORE knowledge of our country and care MORE deeply about our country than millions of people who were born here and take it all for granted. "The problem" is that people are SNEAKING into our country and then think they somehow have the "right" to stay here. Those who help them sneak in do it for their own gain or because they are family or friends. ANYBODY here ILLEGALLY needs to be caught and deported. ANYBODY here caught HIDING, EMPLOYING OR OTHERWISE KNOWINGLY AIDING those who are here ILLEGALLY need to be punished, fined, jailed or whatever for it. God bless those who came to our country LEGALLY but you DON'T make excuses for those who STEAL what others have rightfully earned. To those who say they only want something "better" for their families I say SO WHAT! So did EVERY person who immigrated to this country LEGALLY. That is NO excuse for them.

[greenlantern1]

Was Elian Gonzales an illegal immigrant?
Why did the GOP demonize Janet Reno for upholding the law?

[ThePeaceOption]

The Republicans were wrong on Elian Gonzalez. The Democrats (of which I am one) are WRONG in pledging rewards for immigration lawbreaking! When American citizens realize their leaders have sold them out, Democrats will lose BIG TIME!