Virtues of Federalism


BY CHARLES EUCHNER
September 27, 2007
URL: http://www.nysun.com/article/63486

When New Haven began distributingidentity cards to residents this summer,
the goal was to provide a simple means for everyone to take advantage of
city services and economic opportunities like bank accounts and job
openings.

The Elm City Resident Card cannot transform city management or give
opportunity to everyone. But Mayor John DeStefano hoped that the card would
give some invisible souls some access to city services, bank accounts, and
employment opportunities.

Mr. DeStefano hoped to improve the city's mood as well. Immigrants faced
attacks from predators who knew they could not open bank accounts and so had
to carry cash. A larger environment of resentment fostered "a lack of
civility and order in our community," Mr. DeStefano said.

The ID card has become a symbol of welcome to immigrants in New Haven. New
York, San Francisco, and Washington State are considering using the New
Haven model for ID cards.

Symbols, though, carry different messages to different groups. As the
zoologist Desmond Morris has noted, "even the thumbs-up gesture is an
obscene one in some parts of the world." New Haven's ID card angered
activists on both right and left, suggesting there's some merit in this
symbolic gesture.

Activists for border control started a mock campaign to convince illegal
immigrants to flock to New Haven. The president of the Americans for Legal
Immigration, William Gheen, says New Haven is committing a felony by helping
illegals to get social services. "Let a few thousand more go there and use
their [social] services until New Haven needs to ask for federal
assistance," he said.

On the left, critics have charged that New Haven is inviting cruel roundups
of illegal aliens and abuses of privacy. Just days after New Haven passed
the ID legislation, agents from the U.S. Customs and Immigration Enforcement
rounded up 32 New Haven residents. Many of those arrested were wanted for
deportation.

An organizer for Junta for Progressive Action in the Latino neighborhood of
Fair Haven, Kica Matos, pushed for the cards when immigrants were targeted
for attacks, abused by slumlords, and excluded from school and other
programs. Without some form of ID, aliens were invisible.

The galvanizing event was the stabbing death of a Mexican man named Manuel
Santiago, who was living in New Haven legally. After he cashed a paycheck
from his maintenance job, he was attacked by a robber. When Santiago
struggled, he was killed.

Like many small and mid-sized communities, New Haven has become a
destination for immigrants, both legal and illegal. Mr. DeStefano estimates
that 10% of the city's 120,000 residents are undocumented. Most come from
Latin America. Managing those newcomers is impossible without some system to
track them. Hence the ID cards.

So far, 3,000 people have obtained the cards. Aliens were the original
inspiration, but the cards are available to all New Haven residents.
Residents can use the cards for all kinds of city services

- getting parking cards, going to Lighthouse Point Park, using the public
libraries. Two banks have accepted the cards for opening accounts. Many
employers also accept the cards.

An alderman who voted for the ID cards, Frances Clark, says she is "amazed"
at how many everyday activities require ID. "I took an Amtrak to the ferry
at New London to go to Long Island," she says. "I needed an ID for both. I
never paid attention to how many things - basic things - you need an ID for.
It's terrible not to be able to identify yourself."

Useful as they can be, ID badges and cards have posed difficult questions
throughout history. In 1370, English paupers were required to "wear a sign"
to demonstrate their right to beg for money or scraps of food. By the early
1800s, when the badges were thoroughly stigmatized, England revoked the
requirement.

Badges and ID cards usually become a tool when governments are overwhelmed
by social and economic change - in periods of rapid migration, displacement,
urbanization, unemployment, criminality. IDs can make management easier. But
they also provoke conflict. In 1893, more than 100,000 Chinese-Americans
refused to wear government-issued cards in one of the largest acts of civil
disobedience of American history.

New Haven has managed to get the issue exactly right. To protect its
residents against raids from the feds, city officials are not allowed to ask
residents about their citizenship status. Likewise, the city's police are
not allowed to ask about citizenship when they intervene in disputes and
make arrests.

Mayor DeStefano reassures aliens fearful of being turned in: "Don't worry.
We don't snitch. You are welcome here as long as you obey our local laws.
We'll leave immigration issues to the feds." "We did not set out to make a
grand policy statement about immigration," the mayor's director of community
services, Kica Matos, says. "This is just a pragmatic response to a need."

The city warns card recipients that, in the age of massive databases and
conflict over immigration, they have no absolute guarantees that data will
always stay private.

But researchers at Yale Law School have concluded that the program is exempt
from the data-sharing requirements of the Freedom of Information Act and
other statutes. The Journal-Inquirer of Manchester has filed a claim with
the state's Freedom of Information Commission, asking for names and other
information from applications. New Haven officials have already denied an
earlier request from the daily newspaper.

While reserving the right to tend to its own community, New Haven's
leadership seems aware of the need to let the feds do their jobs, too. One
of the federal government's primary responsibilities is to protect the
homeland from threats of all kinds. Congress has given the feds the tools
they need, in the form of the USA Patriot Act and a number of security and
border-control programs.

There's a term for this division of labor - federalism.

Since the New Deal, we have forgotten the wisdom of allocating different
powers to the federal, state, and local governments. These days, Washington
regulates virtually everything that every person, corporation, or
lower-level government does. States and localities struggle to meet federal
mandates - and often find themselves, uncomfortably, in the business of
managing national and even international policy.

Our national amnesia about the virtues of federalism undermines us in all
kinds of ways - inefficiency, lack of innovation, and overreaching
government at all levels. Absent a clear division of labor, issues as
complex and contentious as immigration snarl everyone in impossible
dilemmas.

If it takes a liberal mayor of a middling city to teach the virtues of
federalism, so what? It took Nixon to go to China.

Mr. Euchner, the author of "The Last Nine Innings," is writing a book about
suicide at the Golden Gate Bridge. He can be reached at [EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> com.

.
 
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