Capitol Hill

When comprehensive immigration reform legislation failed to make it out of the Senate in June, it marked a low point in Congress's ability to deal with major issues. Despite the issue's controversial nature, President Bush demonstrated leadership by calling on Congress to find solutions to the U.S.'s estimated 12 million illegal immigrants and its work force and border security needs. But instead, Congress opted to "kick the can down the road." Ironically, similar legislation made it out of the Senate in the previous Congress with Republicans in charge but did not get that far under Democrats.

To be sure, a number of Republican senators worked to stop the legislation in this Congress, and their visibility and the House Republicans' opposition garnered much attention.

Several Democrats also worked to scuttle the bill through "poison pill" amendments and other means. House Speaker Nancy Pelosi (D-Calif.) will not take up immigration legislation, and The Washington Times reports Rep. Rahm Emanuel (D-Ill.), the Democratic Congressional Campaign Committee's immediate past chairman, says Congress will not take up the issue until the beginning of the second term of the next Democrat to win the White House, which presumably means 2013. In the meantime, states and localities are moving to fill the void left by congressional inaction.

A litigation effort

In response to the wave of state and local immigration laws, NRCA has agreed to support a litigation effort coordinated by the U.S. Chamber of Commerce's National Chamber Litigation Center (NCLC).

NCLC attorneys believe Arizona, Colorado, Georgia and Louisiana are usurping federal law and imposing unconstitutional burdens on employers. NCLC contends that federal law exclusively governs immigration law and is preparing to initiate or join lawsuits to overturn state and local immigration laws to reaffirm federal pre-emption. It will challenge the constitutionality of these state and local laws, and, if successful, would help force Congress to do its job and enact compre­hensive immigration reform.

There is reason to believe this strategy will be effective. On July 26, a federal judge struck down a Hazleton, Pa., anti-immigration law as unconstitutional. Hazleton's Immigration Relief Act sought to fine landlords who rent to illegal immigrants and suspend business licenses of companies that hire them. NCLC filed a brief supporting a challenge filed by the American Civil Liberties Union (ACLU) and focusing on employment provisions of Hazleton's law. For example, Hazleton's law imposed liability without meeting the standard that an employer had knowledge its workers were undocumented and allowed an employer only three business days to resolve an alleged violation. The judge's sweeping decision ruled Hazleton's law is pre-empted by federal law.

Political fallout

Conservative-leaning NCLC's willingness to join liberal-leaning ACLU in an immigration lawsuit is indicative of unusual alliances on this issue. In Congress, business lobbyists worked with Sen. Edward Kennedy (D-Mass.) to try to overcome resistance from senators with pro-business voting records.

But it should be noted that though immigration is an extremely important issue for the roofing industry, it is one issue among many. NRCA's political action committee, ROOFPAC, will continue to support only those candidates who have established pro-business voting records.

ROOFPAC uses voting records and other variables in its criteria to determine which candidates to support (see "Fighting for the industry," July 2002 issue, page 16). This decision-making process is a guide for giving to consistent allies and establishing new relationships with those who take pro-roofing positions on key industry issues. Also, it precludes wide swings in support that would be politically incoherent and detract from NRCA's advocacy efforts.

Sharing the blame

Blame for Congress's failure to pass comprehensive immigration reform can be attributed to both political parties. Immigration reform legislation's collapse in Congress has led to a proliferation of state and local anti-immigration laws, and NRCA is assisting in a litigation effort coordinated by NCLC to repeal these laws. ROOFPAC continues to leverage NRCA's position on immigration and other issues that are crucial to the industry.

Craig S. Brightup is NRCA's vice president of government relations.