Reps. Miller, Myrick and Smith to Introduce Resolution Affirming State and Local Rights to Enforce Immigration Laws

Reps. Gary Miller (R-Calif.), Sue Myrick (R-N.C.), and Lamar Smith (R-Texas) are introducing a resolution to express the sense of the House of Representatives that state and local governments have inherent authority to assist in the enforcement of federal immigration laws. The resolution is a response to criticism of Arizona’s new immigration enforcement law.

Rep. Miller said the following in a released statement…

Although the federal government is charged with enforcing immigration laws on the books, it has failed to do so. In fact, the Obama administration is arguably increasing the illegal immigration problem. It has slashed worksite enforcement efforts and has even driven illegal immigrants back to work. The administration’s deliberate decision to not fully enforce the law has forced state and local governments to bear the brunt and cost of illegal immigration.

Contrary to the federal government, many state and local governments, such as Arizona, have actively worked to discourage illegal immigration and to assist in the enforcement of our nation’s immigration laws. These acts will help to alleviate the costs of illegal immigration on taxpayers and will enhance national security—who knows, the Arizona law may even disrupt the next terrorist attack.

It is mind-boggling that administration officials, such as Secretary Napolitano and Attorney General Holder, have blasted the Arizona law without reading the bill. It is time for the administration to get on the side of the American people and enforce our nation’s immigration laws.

Reps. Miller, Myrick and Smith formed the recently created Reclaim American Jobs Caucus.

The Supreme Court has stated clearly and often that the U.S. Constitution gives Congress “plenary power” over immigration policy, meaning that Congress has virtually unlimited authority to regulate immigration into the United States. The Supremacy Clause of the Constitution says that federal law supersedes conflicting state law. In immigration matters, the courts have consistently held that this means that states may enact immigration-related laws that go as far as, but no further than, duly enacted federal laws, except in areas where Congress has specifically preempted state action.