Thursday, August 19, 2010

Who Really Pays?

The state legislature in Austin, Texas is preparing to take up immigration legislation when it meets later this year. It is predicted there will be immigration laws proposed similar to the tough new laws enacted in Arizona. People on both sides are bracing for a fight. Because of the often delicate nature of the issue, both sides prefer to focus on the economic costs of immigration. Fortunately, there is much to focus on.

There is a significant difference in the debate at the national and state levels. At the national level, immigration is an issue on the agenda. While there is rhetoric about the need to address the issue, there is little sense of urgency. With elections in the fall, many members on both sides are reluctant to get into a serious debate on the topic. Concern over the issue is most often expressed in generalities, such as the need to "do something", or "reform" immigration laws.
At the state level, things are more concrete. The Texas state legislature is preparing to take up a bill similar to the one recently passed in Arizona. The House State Affairs Chairman, Burt Solomons, stated that the committee is preparing legislation that will "focus on what the real costs are for state services." Those costs are significant.

The director for the Health and Human Services Commission in Texas told the committee that the cost of illegal immigration to Texas is nearly $100 million a year. Money is tight in Texas at the moment. Texas is facing a budget deficit of $1.3 billion over the next fiscal year. The budget will have to be cut. By law, TX must pass a balanced budget. The state constitution requires it. Every dollar spent on immigration is a dollar that cannot be spent elsewhere, and that $100 million is sorely needed elsewhere.

The federal government can spend as much money as it wants, whether it has it or not. The states cannot. States like Texas can only spend the money they have. To meet the rising costs of illegal immigration, Texas must either raise taxes or cut spending. Either option costs the residents of Texas. As illegal immigration increases, the costs associated with it increase.

Because the effects and costs of illegal immigration are more keenly felt by the states, states have begun taking action. While the immigration issue for many is an abstract issue of rights, language and ethnicity, it is also a concrete issue of dollars and cents. While Washington debates and postures on the issue, states are writing checks and spending money they don't have or is needed elsewhere. But when states and local governments take action on the issue, they are widely condemned, and even taken to court.

Many of the costs borne by state governments are mandated by the federal government. In the case of illegal immigration, states are compelled to pay much of the costs for those here in violation of federal law. According to the Federation for American Immigration Reform, last year the federal government spent $28.6 billion in illegal immigrant related costs. State and local governments spent $84.2 billion. Lawn care companies and poultry farms might come out ahead when it comes to illegal immigration,, but states and cities don't. If Washington is unwilling or unable to enforce laws against illegal immigration, it is only fair that the burden of paying for the breach of immigration law should fall on the federal government. If the federal government is not willing to act, it should not grudge the states for trying to reduce the burden resulting from the failure to enforce federal law by enforcing it themselves.

Usually, if a state ignored federal law, there would be a swift reaction from Washington. Certainly, if a state flouted federal law there would be a stern response. Oddly, immigration appears to one case where the federal government at times seems less concerned that the law be enforced than that it be ignored. It even goes so far as to threaten states that seek to enforce it.

Given the scale of the problem, one would think that any help states and cities could give to the federal government would be welcomed, not scorned. But one would be wrong. If immigration law is onerous or objectionable, it should be changed, not ignored.

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