SC Senate leader wants constitution change on illegal immigration
Carolyn Hileman* | October 7, 2007
COLUMBIA, S.C. | One of the leaders in the statestate Senate wants the U.S. Congress to call a convention to amend the U.S. Constitution so states could deny benefits and expel people who are in this country illegally. “It’s a chance for us to hold Congress’ feet to the fire and make them act. We’ve got an overwhelming problem and they’re not dedicating overwhelming resources,” said Senate President Pro Tem Glenn McConnell. The Charleston Republican said states can do little to stop illegal immigration. The state is paying for services for illegal immigrants and their families and can’t collect taxes from them.
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Rather than amending the constitution to allow states to enforce immigration laws, there is a simpler way to achieve the end of curbing illegal immigration: extend the 14th amendment equal protection principle to immigration policy and enforcement which would require that no nationality or ethnicity receive advantages or preferential treatment over others. The Feds would have to enforce the border because lax enforcement gives unfair advantages to Mexican and Central American immigrants (legal and otherwise) over Asians, Europeans, and Africans who must come by plane and face rigorous entry enforcement at airports. Since all nationalities would then have an equal chance of coming here, we would not have disproportionate numbers of Spanish speakers. Our immigrants speaking a multitude of different languages would all need to learn English quickly.
Back in the Jim Crowe era when courts ruled “separate but equal” OK, applying the same unacceptable standard they said the government could be racially selective with immigration and thus OKed Asian exclusion. If we apply the equal protection principle to immigration, the Federal government will have to enforce entry by land as strictly as by air and we won’t need to worry about states doing the Feds job. Rather than amend the US constitution we need to extend its fundamental ideal “all men are created equal” to immigration and stop giving defacto preference to nationalities who can easily enter across our poorly enforced land borders.