Comment: Hazelton And 2012 - Immigration will play a pivotal role in the 2012 presidential election, for a reason that that was spotlighted yesterday when the 3rd circuit decided Lozano v
Hazelton (No. 07-3531, Sep 9, 2010). As the court's opinion made clear, the
matter is clearly headed for the Supreme Court, partly since the 9th circuit
and 3rd circuit have disagreed on a matter repeatedly coming up before the
federal judiciary. The Supremes have already granted cert to the 9th circuit on Chicanos por La Causa Inc v. Napolitano, and will hear arguments on that case during the current term. It is the timing of the Supreme Court's future action
which points to the outsize impact immigration will likely have on the next
presidential election. To the best of our understanding, the Supremes will hear arguments on the 9th circuit matter (which presents the same question as the 3rd circuit case) somewhere between January and April, 2011. The final decision should therefore be expected in spring 2011. In other words, during the run up to the primaries for the next Presidential election, the Supremes
will likely issue an opinion on the power, or lack thereof, of the states to
regulate immigration. Either way, it is sure to rile up the nativist vote
and/or the Latino vote, among others. Such a judicial cause outside of the
normal political process will upset many political apple carts and may force
the issue of immigration for consideration by Congress even though Congress
would like to avoid confronting it. On controversial issues like
immigration, our country has historically sought compromise, however, such
compromise often comes after political pressure has built up considerable
steam. Immigration has been boiling for about a decade, and something will
have to give, and at a time not necessarily pre-planned by the political
elite. There was a time when the only thing that was certain was change. On
immigration, at least, we now seem to be entering a time when the only thing
certain is surprising change. Stay tuned.
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ReadersWrite: Today's Discussion
ComingsNGoings: New Appointment The American Immigration Council (AIC) is pleased to announce Beth Werlin has been promoted to Deputy Director of the Legal Action Center (LAC). Beth Werlin first joined the Legal Action Center in 2001 as a NAPIL fellow (now Equal Justice Works fellow) to work on issues surrounding the right to counsel for noncitizens in removal proceedings. The Legal Action Center of the American Immigration Council strives to increase the accountability of government agencies that administer the immigration laws and to ensure these laws are interpreted and implemented in a way that honors fundamental constitutional and human rights. www.immcouncil.org
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