Senator Eliot Shapleigh - El Paso, Texas

In 1883, Emma Lazarus, the daughter of Portuguese Jewish immigrants, wrote these inspired words, giving steady purpose to Americans for generations:

"Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!"

With that brave sonnet, America gave birth to an idea that ours is a nation of immigrants, a nation forged together in a dream for a better life for ourselves and our children. Ever since, the Statue of Liberty, the "Mother of Exiles," has been a beloved friend and a living symbol of freedom to millions around the world.

Over history, the American ideal of tolerance and prosperity has been tested repeatedly and vigorously. From our founding, conflict over the legal status of African-American slaves challenged our basic notions of fairness, freedom, and equality.

Again, in 1882, racial prejudice prevailed when the Chinese Exclusionary Act banned Chinese immigrants from eligibility for citizenship. Similarly, at the turn of the 20th century, Italian, Irish and German Catholic immigrants faced their own share of discrimination.

Today, in nearly every state, immigrants from Mexico and Latin America are the targets of prejudice and discrimination. Despite these challenges, the “lamp beside the golden door” has remained for those who brave all odds to seek it.

The Statue of Liberty and all she represents stands tall.

This is why recent federal, and especially, state, and local initiatives targeting immigrant families and their children are disappointing and dangerous. Across America, for example, immigrants are attacked for not paying their way, when the truth is that Social Security would collapse without their $6 - $7 billion subsidy.

In Texas, Governor Perry soon will ask the Legislature to spend $100 million to create a state border patrol. Rep. Leo Berman (R-Tyler) and others are filing bills to exclude U.S.-born children of illegal immigrants from access to public education, health care, unemployment, and housing. And Farmers Branch, a Dallas suburb, recently became the first Texas municipality to enact measures fining landlords who rent to illegal immigrants and declaring English the city’s official language.

For Texas to move forward on immigration, our values and principles must be clear.

First, immigration is a federal issue. The U.S. Constitution grants the federal government powers over foreign affairs, citizenship, war and other areas related to immigration. A state-created patchwork of immigration laws and enforcement will be inconsistent, incompatible, and unevenly enforced.

Second, immigration enforcement costs must be paid by the federal government. Why should state taxpayers bear the burden of a federal obligation? Our priorities in Texas should include education, healthcare, infrastructure and criminal justice – areas already challenged. Instead of shifting the costs of federal government to Texas taxpayers, Governor Perry’s $100 million should go to fund TEXAS Grants, a program to help Texas children get a college education.

Third, the U.S. Constitution protects all Texans from unreasonable search, seizure and detention. In 1992, in the landmark El Paso case, Murillo v. Musegades, the court held that “the stopping, questioning, detaining, frisking, arresting, and searching of individuals based solely upon racial and ethnic appearance reprehensibly violates the Fifth Amendment.” Too often, local immigration enforcement becomes racial profiling, where a segment of our society is targeted merely because of the color of their skin.

Fourth, private sector employees and state workers should not be turned into immigration agents. Private sector employees and state workers do not possess the resources, time, nor expertise to enforce federal immigration law. In addition, making community-based workers such as teachers, nurses and police officers immigration agents undermines their ability to build the necessary trust, skills, and opportunities they need in the communities where they work and live. Nearly every major city police chief is already on record against local enforcement of immigration laws.

Fifth, Texas deserves a fair and comprehensive federal immigration framework that meets the emerging economic needs of 21st century America. Mexico is Texas’ greatest trading partner, with more than $50 billion in Texas exports in 2005. Furthermore, almost all experts agree our economy needs immigrant labor for the emerging technology, construction, service, and agriculture jobs of the future. The federal government must pass fair and comprehensive immigration policies that meet basic economic needs of 21st century America.

As the 80th Texas Legislature begins on January 9, 2007, your Senate office will work for fair and comprehensive immigration policies that will benefit our state and remain committed to the American Dream that is written for all to see at the foot of our Statue of Liberty.