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Q+A: Arizona's tough immigration law and U.S. reform

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Sat May 1, 2010 7:28pm EDT

(Reuters) - Arizona's tough new law cracking down on illegal immigrants galvanized Democrats in the Senate in their uphill effort to push a federal immigration overhaul and boosted interest in traditional May Day rallies across the country among Hispanic, labor and faith groups.

WHY IS THE NEW ARIZONA LAW SO CONTROVERSIAL

The law requires state and local police to determine if people are in the country illegally, previously a function carried out by U.S. federal immigration police and some local forces. Critics of the law argue that it is unconstitutional and a mandate for racial profiling, and fear it will destroy trust between Hispanic communities and law enforcement in the border state.

WHAT CHALLENGES DOES IT FACE?

The first two federal lawsuits challenging the law were filed on Thursday in Arizona -- one by a Tucson police officer and the other by the National Coalition of Latino Clergy and Christian Leaders.

Also in Arizona, activists filed a petition with the secretary of state to put the law before voters on the November ballot. The group, One Arizona, has until late July to submit the more than 76,000 signatures needed to do so.

WILL OTHER STATES IMPLEMENT SIMILAR LAWS?

The National Conference of State Legislatures says other states may look at similar measures, although the prospect of costly legal challenges and controversy generated by the Arizona law means that it will go slowly. Cost is an important issue in these tight budget times.

HOW MANY ILLEGAL IMMIGRANTS ARE IN ARIZONA AND WHAT WILL

THEY DO NOW?

There are some 10.8 million illegal immigrants living and working in the United States, an estimated 460,000 of them in Arizona. The state's immigration law takes effect in late July, 90 days after the legislature adjourned on April 29.

Arizona's shadow workforce is weighing its options. Some illegal immigrants say they will wait and see if the law is implemented, and if so, how vigorously. Others are considering moves to other states, returning to their countries of origin, or even to a third country such as Spain.

WHAT DOES THE IMMIGRATION CONTROVERSY MEAN FOR SENATOR JOHN

MCCAIN IN THE NOVEMBER CONGRESSIONAL ELECTIONS?

McCain faces his most serious challenge to date in the Arizona Republican primary from fiery conservative J.D. Hayworth, a former congressman and radio host, who is appealing to the party's right-wing base in the state. Moving to the right in the primary, McCain has said that the state's tough immigration law showed frustration "over the federal government's failure to carry out its responsibility and secure the border."

WHAT ARE CHANCES OF THE U.S. CONGRESS PASSING REFORM BILL?

Senate Democratic leader Harry Reid on Thursday unveiled a framework for overhauling the country's immigration system, elevating the issue as campaigns for November's congressional elections begin to heat up, although the chances of getting a bill through Congress this year are slim.

President Barack Obama welcomed the plan and said, "What has become increasingly clear is that we can no longer wait to fix our broken immigration system. But on Wednesday, he told reporters that Congress, having dealt with a crush of volatile issues this year, may not have "the appetite now" to tackle immigration reform.

It is unclear if the 100-member Senate has the 60 votes needed to pass an immigration bill. Republican Senator Lindsey Graham, who had been working for months with Democratic Senator Charles Schumer on a bill, has said an election year was not the right time to debate such a divisive issue.

If it passed the Senate, the proposal would face tough going in the House of Representatives, where dozens of conservative Democrats who represent Republican-leaning districts would be hesitant to support an issue certain to inflame conservatives and alienate some independents.

WHICH PARTY WOULD BENEFIT FROM IMMIGRATION DEBATE?

Both parties face significant political risks from a polarizing immigration debate. Republicans could lose more ground with Hispanics, the biggest and fastest-growing minority, creating long-term political difficulties.

Republican President George W. Bush had made significant inroads with Hispanics, winning more than 40 percent of their votes in 2004. But after Republicans helped kill immigration reform in Congress, Hispanics flocked to Democrat Obama in 2008.

Obama won Hispanics by a margin of more than 2-to-1 over Republican John McCain, and they were credited with fueling his win in New Mexico, and helping in Nevada, Colorado and elsewhere.

In addition to Reid, an energized pro-Democratic Hispanic vote could be crucial in competitive Senate races in Colorado and California.

But dozens of endangered Democrats in conservative districts, already at risk after casting tough votes for healthcare reform and more spending, would be even bigger targets for grass-roots conservative activists.

The issue also could keep Democrats from talking about their favorite campaign topic -- efforts to rejuvenate the economy and jobs.

WHAT WOULD IMMIGRATION REFORM LOOK LIKE?

The Democratic framework unveiled by Reid last week is based largely on an outline drafted earlier by senators Schumer and Graham. But Graham has complained that Congress is not yet ready to move on it.

Reid's plan seeks to bolster U.S. border security as a first step. It backs the creation of a hi-tech identification card for immigrant workers, a process to admit temporary workers and "tough sanctions" against U.S. employers who hire illegal immigrants. Most controversially, it seeks an eventual a path toward U.S. citizenship for people in the country illegally.

(Reporting by John Whitesides in Washington and Tim Gaynor in Arizona; Editing by Doina Chiacu)

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