Napolitano Cites 'Deep Concerns' With Arizona Immigration Law

CNN News Wire | 4/27/2010, 6:13 p.m.
Napolitano, who noted that the Justice Department is reviewing the measure, said she fears it would siphon away resources that ...

Homeland Security Secretary Janet Napolitano said Tuesday that she has "deep concerns" with a new Arizona law designed to crack down on illegal immigration.

Napolitano, who noted that the Justice Department is reviewing the measure, said she fears it would siphon away resources that would otherwise be used to pursue individuals who commit major crimes while in the country illegally.

"I think these kinds of laws are not value-added to law enforcement," she told members of the Senate Judiciary Committee. "There's a reason most law enforcement groups ... oppose them." They put an "undue barrier" between victims of crime and law enforcement officials, she said.

Napolitano, who served as Arizona's governor before joining President Barack Obama's Cabinet, refused to offer an opinion on the constitutionality of the law.

The new measure requires Arizona police to determine whether people are in the United States legally if there is a reason to suspect they aren't. Arizona Gov. Jan Brewer, a Republican, signed the legislation into law on Friday. Supporters say it is needed to control illegal immigration.

The law, scheduled to go into effect 90 days after the close of the state's legislative session, would require immigrants to carry their alien registration documents at all times. Currently, officers can check someone's immigration status only if that person is suspected in another crime.

Critics say the law could foster racial profiling and prompt businesses, conventions and tourists to stay away from the state.

The bill has prompted rallies by opponents and supporters, and some prominent politicians in Washington and Arizona have criticized the measure. Phoenix Mayor Phil Gordon, a Democrat, has said he'll file a lawsuit to block the law.

Obama last week called the legislation "misguided" and said the federal government must act on the immigration issue.

"Our failure to act responsible at the federal level will only open the door to irresponsibility by others. That includes, for example, the recent efforts in Arizona, which threaten 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," he said.

Napolitano told the Judiciary Committee members that the "passage of laws like (Arizona's) at the state level indicate the need to move forward with comprehensive immigration reform."

But Sen. Lindsey Graham, R-South Carolina, blamed federal authorities for undermining the push for comprehensive immigration reform by failing to more effectively secure the Mexican border.

"Our borders are broken ... (and) there's a war going on" with drug cartels in Mexico that is spilling over into the United States, he argued.

"Good people are so afraid of an out-of-control border that they had to resort to a law (in Arizona) that I think is unconstitutional," he said. The federal government has to prove "that we can secure our borders" before Congress can pass an immigration reform bill.

Over the weekend, Graham withdrew his support for what had been a bipartisan plan to pass climate change legislation because, he claimed, Democrats were trying to ram through a polarizing immigration reform bill. Some political observers have said Senate Majority Leader Harry Reid, D-Nevada, is trying to push a reform plan in order to boost his standing among Hispanic voters and bolster his re-election prospects this November.

Napolitano acknowledged that more work has to be done along the southern border, but she also expressed frustration with GOP arguments on border security. She claimed that the overall situation has improved and questioned whether the goal of "securing the border" could ever be fully reached.

-- CNN's Alan Silverleib and Alexander Mooney contributed to this report


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