Federal immigration games

The Justice Department's lawsuit against Arizona does nothing to advance a solution to the nation's immigration problems. It admits to a policy of selective enforcement, which says that a solution isn't really a federal priority.

That already was clear to Arizona lawmakers, who actually are trying to enforce existing federal immigration laws, though in a heavy-handed way. Arizona has a real focus on the problem, since it shares a long border with Mexico. The lack of federal enforcement has made it nearly an open border.

There are already an estimated 12 million illegal immigrants in the United States. About 5 million came in as legal visitors and have overstayed their visas. The rest smuggled themselves into the country, mostly across the Mexican border.

The Justice Department says there aren't enough law enforcement resources to go after all illegal immigrants, so it targets the criminal element among them. It contends that Arizona law interferes with that policy of selective enforcement and unconstitutionally preempts federal prerogatives.

It is far from clear that federal courts will accept the novel constitutional doctrine put forward by Justice. It contends that administrative decisions by the executive branch are entitled to the same deference as laws approved by Congress. For added effect, Justice throws in a red herring of foreign policy, suggesting that selective law enforcement is legitimized by a desire not to offend foreign governments.

Sen. Lindsey Graham, R-S.C., long a proponent of bipartisan immigration reform, called the lawsuit "counterproductive when it comes to finding a solution to our immigration problems." He also reasonably demanded that "the resources being dedicated to this lawsuit" be used instead to improve border security.

The Hispanic vote is the unmentioned issue here. Mr. Obama promised immigration reform legislation as one of his top first-year priorities, but has avoided the contentious aspects of the problem.

Senate Majority Leader Harry Reid, D- Nev., facing a tough re-election bid this fall, has put the issue on the Senate calendar, apparently hoping the GOP can be portrayed as anti-Hispanic.

These political games on immigration should offend Americans rightly concerned about the costs and dangers of an open border. In their clumsy way, Arizona lawmakers recognize the problem.