by Richard Herman & Robert L. Smith
On July 28th, a federal judge blocked parts of Arizona
's new anti-immigration law. On Thursday, the rest of it went into effect. And while the court ruling against the law is being hailed as a victory for the Obama administration, the law is still very popular with Arizonans and the public at large. Nevertheless, this law will in the end be bad for Arizona's businesses, and bad for the rest of the country if other states follow suit.
To understand why, consider this story.
Last year, when President Barack Obama went to the International Olympic Committee in Copenhagen to pitch Chicago as host of the 2016 Summer Olympics, an IOC member confronted Obama and described the "pretty harrowing experience" of entering America as a foreigner.
Obama responded that he hoped the world would see "that America, at its best, is open to the world."
As we all know, the IOC wasn't convinced, and as a result Chicago lost the projected $4.4 billion in expected business that would have come from hosting the games.
The world is taking notice that the U.S. is becoming a less-welcoming place, and it's hurting our businesses and our economy.
Post-9/11 security concerns, anxiety over America's changing demographics and anger over job losses due to global competition have accelerated America's souring relationship with immigrants, and not just immigrants here illegally.
And the xenophobia fueled by Arizona will only make matters much worse.
Twenty states are now considering passing a law like Arizona's, which requires local cops to act as federal immigration agents and question the immigration status of people they suspect are in the country illegally. Similar proposals are being pushed even in Ohio and Michigan, northern states where the undocumented immigrant population is minuscule.
While border states are rightfully concerned about illegal immigration and its consequences, a patchwork of state and local immigration laws isn't the answer. That will inevitably lead to profiling based on race and class, hard feelings and a pattern of harassment that will extend to U.S. citizens who cannot quickly produce the proper papers.
That could be a problem for the 21 million adult citizens who, according to the Brennan Center for Justice at the New York University School of Law, lack government-issued photo identification. The lack of ID is especially common among the elderly, the poor and African-Americans. Some 30 million women citizens don't have documents to prove citizenship that reflects their current names.
National security also will be undermined as federal agents, responding to calls from local police, are pulled away from serious investigations to go and pick up an undocumented busboy.
And almost certainly, illegal immigrants will become loath to report crimes and cooperate with local police, out of fear of being arrested.
But another significant problem with Arizona's approach is that it will raise wariness among international visitors and legal immigrants, many of whom are coming to invest in a business or take a job that matches their special skill.
Anyone would think twice about moving to a place where they might arouse suspicion for looking foreign.
The new, chillier welcome comes at a bad time.
Lured by increasing opportunities abroad, many Chinese, Indians and other professionals who earned advanced degrees in America are moving back to their homelands or to third countries. They have grown impatient with visa quotas that make them wait five to 10 years for a green card.
These are the people we should be recruiting, not scaring away, as Fay Beydoun, the director of the American Arab Chamber of Commerce, argued in a recent interview with The Michigan Messenger.
"Michigan has worked hard to recruit international investors and companies, as well as American high-tech businesses," she said. "This has created thousands of jobs. Why would we want to drive these investors away with a law that makes Michigan hostile to immigrants? Why would you bring your business to Michigan knowing that the police might stop you or your employees, just because of how you look. This proposal will cost us jobs."
She not talking about just a few jobs. According to a 2008 report by the U.S. Chamber of Commerce, foreign firms employed more than 5 million American workers through their U.S. affiliates and have indirectly created millions of additional jobs. More than 30 percent of direct hires are in manufacturing.
What's needed isn't patchwork state laws that play on our worst prejudices about immigrants but comprehensive immigration reform that tightens the border, legalizes undocumented immigrants who meet certain criteria and, most important, streamlines the nation's outdated system that encourages illegal immigration.
A smart new immigration plan would also place a greater emphasis on attracting high-skill immigrants -- the innovators and entrepreneurs who make America more competitive and create jobs.
Whether Arizona legislators admit it or not, immigrants of all kinds will now shy away from Arizona. What would be tragic is if they started shying away from America.
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Richard Herman and Robert L. Smith are the co-authors of "Immigrant Inc.: Why Immigrant Entrepreneurs are Driving the New Economy" (2009 John Wiley & Sons). Learn more about the book at http://www.immigrantinc.com/
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