There are a couple of ways to interpret the results of the special legislative session on illegal immigration, one considerably more logical than the other.
The first is that Colorado has belatedly – and only at the urging of the governor – joined 30 other states in approving legislation dealing with some aspect of the immigration issue. The laws in various states may be varied and limited in scope but are almost uniformly intended to prod the federal government to more aggressively address the immigration issue.
The second approach is the one advanced by Senate President Joan Fitz- Gerald, a Democrat, who asserts the law passed in Colorado is the “toughest” in the nation and that it would require 1 million people who receive state and local benefits to prove they are here legally. This claim is little more than hyperbole.
Big chunks of the text of the main bill passed by the Colorado legislature were taken word for word from a Georgia statute. Both measures require the respective states and their subdivisions to withhold certain services from those who are 18 and over and are not able to demonstrate they are here legally. There is a list of exceptions in both states, such as prenatal care.
Colorado lawmakers passed other bills borrowed from the Georgia statute, including one that deals with economic or sexual exploitation of immigrants.
The notion that Colorado is being especially “tough” is apparently based on the claim that 1 million people will have to prove they are a citizen or otherwise here lawfully. The bill simply requires that recipients of state and federal benefits show a driver’s license, military card, a tribal document or sign an affidavit stating they are here lawfully. Those signing a false affidavit may be prosecuted.
For most people, this requirement imposes no special burden.
The best way to describe the special session is to note that Republicans generally got less than they would have liked, while Democrats had to accept more than they wanted. Both parties got something they can run on in November.
There were two particularly disappointing features of the session. The first was that the Democratic leaders who, after all, control both houses of the legislature, decided not to allow any meaningful legislation to be referred to the voters this fall. Two immigration measures will be on the fall ballot but they deal with peripheral matters such as whether Colorado should join a lawsuit against the federal government and whether state tax credits should be denied to businesses that hire illegal immigrants.
The clear intent of the Democrats was to make sure that the issue of immigration doesn’t dominate the fall election and directly influence individual races. Their assumption seems to be that Democrats will benefit if the public believes the immigration subject has already been adequately addressed.
The results of the session, it must be acknowledged, would not have been possible without the cooperation of Gov. Bill Owens and a substantial number of Republicans who ultimately joined with the Democrats to pass the main bill.
The only political point this proves is that Republicans didn’t dare block some of the very provisions they are on record supporting.
A Fort Collins Republican lawmaker said it was the best outcome that could be achieved under the circumstances. He is probably right, but that doesn’t mean the issue is even close to final resolution.
Sen. Dan Grossman, D-Denver, is certainly wrong on two counts: suggesting that racism and bigotry played a prominent role in the session, and complaining that the legislature is doing little more than playing politics with immigration.
This is nonsense. Immigration is a political matter. If anything, the legislature – and even the governor – should be criticized for taking so long to begin to address it.
And by the way, “playing politics” with immigration is nothing new. When Congress passed the immigration act in 1965, prominent politicians including President Lyndon Johnson promised that its effects would be hardly noticed. The history of the last 40 years demonstrates the magnitude of that falsehood.
Real events, including an unprecedented influx of illegal immigrants, are responsible for putting illegal immigration front and center in the nation’s politics. It is not “playing politics” to finally recognize and deal with them.
Al Knight of Fairplay (alknight@mindspring.com) is a former member of The Post’s editorial-page staff. His column appears on Wednesdays.
