A simple query from the Supreme Court is forcing the Obama administration to wrestle with the limits of states' authority to enforce immigration laws -- and also is throwing an uncomfortable spotlight on Secretary of Homeland Security Janet Napolitano.
On Monday, the justices asked the Justice Department to provide its views on Arizona's attempt to force employers to verify the immigration status of potential employees. The law being challenged in the cases was signed by Napolitano in 2007, when she was governor of Arizona.
Napolitano has stated that she believes the law is constitutional, but business groups and immigration reform advocates generally in President Barack Obama's camp are asking the Supreme Court to strike down the statute.
"It is awkward, given the fact that she signed the law," said Glenn Hamer of the Arizona Chamber of Commerce and Industry, one of the organizations asking the Supreme Court to take up the issue. "It's got to be a difficult situation for the administration."
A spokesman for Napolitano, Matt Chandler, declined to say whether the secretary, who was once a defendant in the case, would recuse herself from the matter. Her department is in charge of enforcing federal immigration laws and thus could be expected to have a voice in the administration's position.
But Napolitano won't make the ultimate call, Chandler said, adding, "This is a decision for the solicitor general."
The Justice Department also declined to discuss what consultations will go into the administration's response to the court's query. "The solicitor general is studying the issue," DOJ spokeswoman Beverley Lumpkin said.
The court's query demonstrates how the immigration issue forces itself onto the Obama administration's agenda, even though White House officials have given immigration reform legislation a lower priority than issues such as health care reform and stimulating the economy.
Immigrant advocates said they're hoping Napolitano will urge the administration to support the challenge to the Arizona law, as improbable as that may seem.
"You can legitimately say Napolitano is wearing a different hat now. She has to take a step back and look at how these efforts have metastasized across the country," said Benjamin Johnson, executive director of the American Immigration Council.
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