7:15 PM 11/6/2009

A possible Supreme Court challenge to an Arizona law may prove awkward
for Homeland Security Secretary Janet Napolitano.

When Napolitano was governor of Arizona in 2007, she signed a law which
tried to force employers to verify the immigration status of potential
employees. Now, the Supreme Court is asking the Justice Department to
provide its opinion on the law.

This puts the Obama administration between a rock and a hard place.
Immigration is an explosive issue that inflames the right (Oh, hello Lou
Dobbs! Didn't see you come in.) and spurs reactionary politics on the
left (just try to get around Los Angeles if there's immigration
legislation being debated). Add to that powder keg a fuse of racism and
be prepared to duck and cover.

For the Obama administration, the law places them uncomfortably between
business groups and immigration reformists who generally support the
President, and one of its own secretaries. Furthermore, Napolitano's
department is in charge of enforcing federal immigration laws, and this
case could put a spotlight on any immigration actions taken by the
Department of Homeland Security.

Glenn Hamer of the Arizona Chamber of Commerce and Industry told
Politico, “It is awkward, given the fact that she signed the law."
Hamer's organization is one of the ones asking the Supreme Court to rule
on the issue. “It’s got to be a difficult situation for the administration.”

There are some who are hoping that, removed from the more
immigration-sensitive climate of Arizona, Napolitano might just support
a challenge to the law she signed:

     “You can legitimately say Napolitano is wearing a different hat
now. She has to take a step back and look at how these efforts have
metastasized across the country,” said Benjamin Johnson, executive
director of the American Immigration Council.

     “I think the secretary has seen the coin from both sides,” said Ali
Noorani of the National Immigration Forum. “It is the responsibility of
DHS to make sure they are the only ones enforcing the immigration laws.
... I think the secretary has to find a way to rectify the situation.”

     Hamer noted that Napolitano signed the state law reluctantly amid
widespread voter anger about a surge in illegal immigration. “It was a
powder keg,” he said. “I received death threats. There was a lot of
e-mail with capital letters. ... I don’t think anyone would write a
profile in courage on how she handled that issue.”

http://airamerica.com/politics/11-06-2009/immigration-query-awkward-n...