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Law provides chance to test state authority

If there is anything positive to say about the newly signed Arizona law cracking down on illegal immigrants, it would be that this may provide a badly needed test of the claim that states have a role in immigration policies and enforcement.

Under the Constitution, the federal government is given power to control the nation's borders and enforce immigration policies, yet Arizona Gov. Jan Brewer has just signed a law also giving that power to the state and to local law enforcement officers.

President Barack Obama has already taken the first step to correcting that misconception. He announced Friday that he has told the Justice Department to examine the new law and ensure it is constitutional and does not violate federal law.

He said the law "threatens to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe."

We agree wholeheartedly.

Obama also used the opportunity to promote the need for immigration reform that addresses the full scope of the problem, not just enforcement. There have been indications an effort to pass immigration legislation will come as soon as this year.

Unfortunately, those who support the Arizona immigration law - who have justified it by claiming the federal government has failed in its immigration responsibilities - are likely to see this as continued failure. They seem to want only one approach - enforcement and punishment.

This showdown between the state and the federal government could very well end up in the U.S. Supreme Court. That would be a good thing as it would make clear that the federal government controls immigration policy, not the states.


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