FAIR: FAIR Legislative Update February 27, 2012

FAIR: FAIR Legislative Update February 27, 2012

AZ Governor Rejects Senator Schumer

On Friday, Arizona Republican Governor Jan Brewer declined Sen. Chuck Schumer’s (D-NY) request for her to testify before the Senate Subcommittee on Immigration this April over her state’s immigration enforcement law, SB 1070. (Roll Call, Feb. 23, 2012) Sen. Schumer, who Chairs the Subcommittee, scheduled the hearing entitled, “Examining the Constitutionality and Prudence of State and Local Governments Enforcing Immigration Law” on April 24, the day before the U.S. Supreme Court is slated to hear oral arguments on the Arizona law. (See Sen. Schumer Letter to Gov. Brewer, Feb. 23, 2012; see alsoFAIR Legislative Update, Feb. 6, 2012) Sen. Schumer says the hearing is to examine “whether it is both constitutional and sound public policy for states to enact broad laws, such as SB 1070 in Arizona, that are designed to deter and punish illegal immigration.” (See Sen. SchumerLetter to Gov. Brewer, Feb. 23, 2012)

Remarkably, in his call to the Governor to appear before the Subcommittee, Sen. Schumer claimed that Congressional appropriations for border security have now made SB 1070 unnecessary. Schumer specifically pointed to a one-time increase in border security funding provided through the 2010 Department of Homeland Security supplemental appropriations bill, suggesting it had provided enough resources to make the southern border secure. “Given the new level of security at our Southern Border as result of the August 2010 law,” Schumer wrote, “it would be extremely beneficial for the Committee to hear from you with regard to: 1) why you signed SB 1070 in 2010; 2) whether you still believe SB 1070 is necessary in light of the substantially increased security situation along our southern border; and 3) whether you favor SB 1070 being made a permanent law irrespective of whether conditions further improve along the southern border.” (See Sen. Schumer Letter to Gov. Brewer, Feb. 23, 2012)

Calling the proposed hearing a “publicity stunt,” the Governor’s spokesman, Matthew Benson, said Brewer will decline the Senator’s request. (The Hill, Feb. 24, 2012) “It doesn’t look like the most productive use of the governor’s time to attend the Senator’s hearing,” Benson said. (Id.) “Congress has had time to deal with this issue and hasn’t dealt with [it].” (Id.) Gov. Brewer is scheduled to appear as a witness in favor of SB 1070 at the Supreme Court’s hearing the next day. (Id.)

Sen. Schumer was not pleased over the Governor’s decision not to appear before the Subcommittee. “Governor Brewer has long said border security is one of the nation’s most pressing issues, so it is odd that she is unwilling to even come to Congress to defend her views.” (Politico, Feb. 24, 2012) “It makes you wonder whether there is genuine interest in finding real solutions to our broken immigration system. We hope the Governor will reconsider,” he said. (Id.)