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Anti-immigrant Measures Are Unconstitutional
Posted Thursday, November 6, 2008 ; 06:00 AM | View Comments | Post Comment
Updated Friday, November 7, 2008 ; 12:58 PM

West Virginians, in the interest of advancing our constitution, our humanity and for very serious economic reasons, should take time to look through the hype and consider the very tangible and negative consequences that anti-immigrant policies would have if enacted in our state.

Story By Seth DiStefano

The past few years have seen the slow introduction of anti-immigration measures and rhetoric in certain corners of West Virginia government, both at municipal and state legislative levels.

Fortunately, with some exceptions, the embrace of anti-immigrant sentiment and execution of its policies has not found much traction in the Mountain State. This fact can first be attributed to practicality. Given that the percentage of immigrants both documented and not is so negligible when compared to the rest of the state, broad and sweeping legislation dedicated to the issue just isn't necessary. However, the advocacy of anti-immigrant principles by a small cadre of ultra-conservative legislators threatens to muddy the policy waters with unsubstantiated claims and hysterical rhetoric.

The policies promoted by groups, such as the self-styled State Legislators for Legal Immigration (SLLI) and their disciples, do nothing for the serious debate this country must have to address immigration. Instead of looking for practical and humane solutions that reconcile with our nation's rule of law, these groups rely on the angry mob approach to public policy.

West Virginians, in the interest of advancing our constitution, our humanity and for very serious economic reasons, should take time to look through the hype and consider the very tangible and negative consequences that anti-immigrant policies would have if enacted in our state.

One of the first myths promoted by anti-immigrant zealots is that undocumented immigrants are a drain on social services. In fact, as has been substantiated over and over, undocumented immigrants pay billions in payroll taxes. These monies, it can be legitimately argued, contribute to three programs by which a large portion of West Virginians rely upon for income and medical services -- Social Security, Medicare and Medicaid.

Any state legislation dedicated to removing undocumented workers from the payrolls in West Virginia is part of larger efforts to remove millions of workers from payrolls around the country. These workers, as they pay into the system, are subsidizing many West Virginians' income and health care, especially that of seniors.

As you read this, a dishwasher in a San Diego cantina restaurant is subsidizing a grandparent's Social Security benefits in West Virginia. Given that a large percentage of West Virginians count Social Security and Medicare as a major if not sole source of income and medical coverage, it is paramount that efforts to remove people who are working on legitimate payrolls, documented citizens or not, be defeated.

Further, the fact about anti-immigrant initiatives, such as to be proposed by SLLI and its surrogates, is that the consequences they render will affect not just undocumented immigrants but every worker and business in the state. The agendas put forth by these groups weave together vast bureaucratic webs by which every West Virginian will have to "show their papers" to keep working steadily.

In the end, because of a mistake somewhere along the line at this or that government agency, significant portions of West Virginia's citizenry could be forced off the payrolls. Talk about irony. By passing laws to prevent certain immigrants from working on business payrolls, West Virginia citizens could find themselves without work. The government bureaucracies these measures count on to determine "who you really are" are not, in fact, all that accurate or efficient. However, they do have plenty of cracks for people to fall through.

What's more, West Virginia businesses, through no fault of their own, could wind up on the hook for thousands of dollars in punitive fines. The elaborate, big government record-checking schemes these measures rely on are riddled with mistakes and errors. This fact renders current businesses and those looking to locate in West Virginia vulnerable and reliant on a system that makes it difficult to procure the human resources necessary to drive a successful economy.

Think it over. Punitive measures against businesses and extra hoops to hire and keep a work force? Those are ingredients you will not find in a successful economic environment.

The measures to be proposed by some shortsighted legislators who have decided to affiliate their offices with the right-wing, anti-immigrant movement not only threaten West Virginia's economic interests, they also are not compatible with constitutional protections afforded by the 14th Amendment or the attitudes of West Virginians toward the humane treatment of our fellow man.

To be sure, the 14th Amendment states that: nor shall any state deprive any person of life, liberty or property without due process of law; nor deny to any person the equal protection of the laws. The framers of our Constitution made it very clear that due process and equal protection apply to everyone in the United States, not just citizens. Additionally, it is an honest assessment to state that West Virginians in general don't believe that sick or injured people should be denied medical treatment or that entire families should be held in immigration detention centers without access to the courts.

Be that as it may, West Virginia now has a small, dedicated group of legislators and what looks to be the future mayor of a major city dedicating their offices to the promotion of hysterical, unsubstantiated rhetoric and reactionary anti-immigrant policies.

As this debate moves forward, be sure to recognize that their efforts and agendas, in addition to being unconstitutional and downright inhumane, are an anathema to West Virginia's economic sustainability and future development.

Seth DiStefano is a field organizer for the American Civil Liberties Union of West Virginia.

Copyright 2009 West Virginia Media. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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