Tag: Arizona

“Papers, Please” in Arizona

The Arizona legislature recently sent Senate Bill 1070 to the governor.

According to this summary from the Arizona legislature, the bill would require Arizona officials and agencies to determine the immigration status of any person with whom they have “lawful contact” where reasonable suspicion exists regarding the immigration status of the person. Any person arrested in Arizona would also have to have their immigration status established and verified with the federal government before they were released.

The documents that can be used to prove legal immigration status under the bill include a valid Arizona driver license, a valid Arizona nonoperating identification license, a valid tribal enrollment card or other tribal identification, or a valid federal-, state- or local-government-issued identification, if the issuing entity requires proof of legal presence before issuance.

If the governor signs the bill, what creates “reasonable suspicion” about immigration status is a question that will have lawyers busy for years.

I’m interested in how well practiced Arizonans and Arizona government officials will become at checking the papers of people in their state. I have little to worry about, of course, because I’m not an illegal immigrant.

UCSB history professor Harold Marcuse maintains a fascinating web page about Martin Niemöller’s famous quotation. There are many versions of it in its long history, and there may yet be more.

Taxpayer Choice + Parental Choice = Education Reform That’s Constitutional

Arizona grants income tax credits for contributions made to school tuition organizations (“STO”).  These STOs must these donations for scholarships that allow students to attend private schools.  This statutory scheme broadens the educational opportunities for thousands of students by enabling them to attend schools they would otherwise lack the means to attend. 

The Ninth Circuit held that the tax credit program violated the Establishment Clause because many of the STOs – as it happens, a decreasing majority – provide scholarships for students to attend parochial schools.  Counsel for the defendants, including the Institute for Justice, asked the Supreme Court to review the case – and indeed to summarily reverse the Ninth Circuit, based in part on a 2002 case (Zelman v. Simmons-Harris) rejecting a similar challenge to a school voucher program.  Cato filed a brief, joined by the Foundation for Educational Choice and the American Federation for Children, supporting this request. 

Our brief argues that the funds received by STOs are the product of individual taxpayers’ “genuine and independent choice” – the touchstone by which the Court judges the religious neutrality of statutes allowing for taxpayer money to fund religious education.  Moreover, the tax credit scheme is indistinguishable from similar charitable tax deduction programs that the Court has previously held to pass constitutional muster.  While the Ninth Circuit reasoned that Arizona parents feel pressured to send their kids to parochial schools due to limited scholarships available for secular schools, it failed to consider that the share of STO money available to secular schools was nearly twice as large as the share of families choosing to send their children to secular schools. 

Far from being an impediment to parental freedom, the autonomy Arizona grants to taxpayers and STOs is ultimately essential to it.  More generally, should the lower court’s opinion be allowed to stand, the progress made to broaden the educational opportunities of students across the country will be stifled. 

The name of the case is Arizona Christian School Tuition Organization v. Winn.  The Court will likely decide before it breaks for the summer whether to take it up – and, indeed, whether to summarily reverse the Ninth Circuit.

K-12 Education Tax Credits Save Millions

The latest fiscal impact review of Arizona’s scholarship tax credit programs estimates that they saved between $44 million and $186 million last year.  The programs offer individuals and businesses dollar-for-dollar tax credits if they make donations to non-profit K-12 scholarship-granting organizations. Those organizations, in turn, provide private school tuition assistance.

This is much higher than the savings estimate offered by the Arizona Republic last month, as the AZ Republic story linked above is quick to point out. I deal with the reasons for the discrepancy below, but first, here’s the crucial fact that the Republic has missed yet again: if the tax credit programs were significantly expanded, such as by raising the donation caps, the state would undeniably save many hundreds of millions of dollars annually. In fact, if the share of AZ schoolchildren participating in the program rose to just 40 percent, taxpayers would save billions of dollars a year – even if the size of the individual scholarships had to triple to achieve that result.

The Republic’s failure to report that inescapable and rather important fact does it no credit.

Now, on to the reason for the discrepancy in savings numbers. The body of the story hints at it: the Republic’s estimate assumed that private school enrollment would have been flat or increasing without the tax credit program, while the latest estimate does not.

As I pointed out at the time, the Republic’s assumption is demonstrably mistaken. Official AZ statistics show that enrollment in private schools peaked before the tax credit program had gotten under way, and had begun to decline as a result of rapid growth in the (tuition-free) charter school sector. So the Republic’s savings estimate was almost certainly too low.

As the author of the latest study admits, his assumptions about the true number of students who have migrated to private schools as a result of the program are speculative, but at least they are reasonable and not obviously erroneous, as the Republic’s were. In any event, the savings from a much larger migration to the private sector are not in doubt.

Arizona Republic Corrects its Tax Credit Savings Estimate in Response to Cato Input

Last Wednesday, the Arizona Republic published a fiscal impact assessment of the state’s education tax credit programs for k-12 private school choice. While the story itself was a good faith effort, there were errors in both its data and assumptions. I wrote an op-ed intended for the Republic correcting those errors and e-mailed a copy to the story’s author, Ron Hansen, the same day his story was published.

While the paper’s editorial page expressed no interest in printing my submission, the Republic published a correction today based on the accurate spending and savings figures I provided. In a phone call, Hansen indicated that the correction was precipitated by my e-mail, though he opted not to mention that in his story, saying that he didn’t think the source of the correction was important.

On the one hand, Hansen and the Republic are to be commended for publishing a correction, and it should be noted that the bad data were provided to them by Arizona Director of School Finance, Yousef Awwad. On the other hand, their correction is incomplete – acknowledging only the bad data and not the mistaken assumption explained in my op-ed.

So while the Republic has now raised its savings estimate from their originally reported $3 million to a corrected $8.3 million, they have yet to explain that this figure could actually understate the total savings.

Still, their response is better than I expected.  Most newspapers, in my experience, do absolutely nothing when factual and reasoning errors in their education stories are brought to their attention, and in fact go on to repeat those same errors in subsequent stories.

And they wonder why two thirds of the public now doubt their credibility….

Arizona to Feds: No “Enhanced” Drivers License

Last week, the governor of Arizona signed H.B. 2426, which bars the state from implementing the “enhanced” drivers license (EDL) program.

If the federal REAL ID revival bill (PASS ID) becomes law, it will give congressional approval to EDLs, which up to now have been simply a creation of the federal security and state driver licensing bureaucracies.

As governor of Arizona, the current Secretary of Homeland Security signed a memorandum of understanding with the DHS to implement EDLs, and she backs PASS ID even though she signed an anti-REAL ID bill as governor. As I said before, Secretary Napolitano seems to be taking the national ID tar baby in a loving embrace.

Jeff Flake vs. the Spending Robots

Rep. Jeff Flake of Arizona is one of the very few fiscal policy heroes in Congress. Last night, he was doing what he does best – offering amendments to cut funding from a wasteful appropriations bill moving through the House.

Flake tried to strike spending earmarks slipped into the bill by both Republicans and Democrats. Watching the action on C-SPAN, I was struck by what a bunch of robots the big spenders defending the bill were. They said things like “this project is very important,” “it will help people,” and “it has a rate of return of 30-to-1 for every tax dollar spent.”

Flake pointed out the simple logical flaws in the spenders’ arguments. If an earmarked project is so important, why doesn’t it get funding through the normal competitive process? If a project has such a high return, wouldn’t private investors swoop in to earn the big profits? The “high return” claim is a commonly used gambit by big-spending politicians. Economist Martin Sullivan calls it the “liberal Laffer curve.”

Anyway, the spending robots listened politely to Flake, then they focused back in on their staff-prepared bullet points and continued with their self-interested drivel about how the nation’s fate rested on federal aid for the Elvis museum back in their hometown, or whatever their particular project was.

Flake presented some interesting statistics on the earmarks in the agriculture appropriations bill being considered last night. As shown in the chart below, two-thirds of the earmarks go to a small, exclusive club within the House of those on the appropriations committee, committee chairs, and party leadership. He characterized the appropriations process as a “spoils system,” which is evocative of government corruption of the past, such as Tammany Hall.

But unlike the original Tammany Hall, today’s spoils system is not party-based. Instead, it’s run by an elite and bipartisan group of spending robots within Congress, who pose as representatives of the people when they travel outside the beltway. As Flake implied, it’s odd that the great majority of members and their constituents, who get the short end of the stick from the spoils system, don’t revolt.

Calling Secretary Napolitano: Arizona to Reject EDLs

Department of Homeland Security Secretary Janet Napolitano has been all over the map on national ID issues. As governor of Arizona, she signed a memorandum of understanding with the Bush DHS to implement “enhanced driver’s licenses” in her state. These are licenses with long-range RFID chips built into them. But then she turned around and signed legislation barring implementation of the REAL ID Act in Arizona.

Now, having taken federal office, she again favors REAL ID – or at least under its new name: PASS ID. (Her efforts to put distance between REAL ID and PASS ID have not borne fruit.)

In some respects, PASS ID is worse than REAL ID. It would give congressional approval to the “enhanced driver’s license” program – invented by DHS and State Department bureaucrats to do long-range (and potentially surreptitious) identification of people holding this type of card. Back home, the Arizona legislature has just passed a bill to prohibit the state from implementing EDLs.

So the former governor of Arizona, who has both supported and rejected national ID programs, now supports a bill to approve the national ID program her home state rejects. Napolitano seems to be taking the national ID tar baby in a loving embrace.