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Chertoff Delivers Rehnquist Center Lecture; Updates Media on Border Issues

By Rebecca Ruiz-McGill, University Communications
November 14, 2008

Michael Chertoff, secretary of the U.S. Department of Homeland Security visited The University of Arizona on Friday to deliver the second William H. Rehnquist Center Lecture.

Chertoff was chosen to deliver the Rehnquist lecture due to his unique background in the judicial and executive branches of the U.S. government.

"The beauty of the rule of law is that we agree to abide by the judge's rule and we obey because they have legitimacy. If judges become political actors they will lose that legitimacy," Chertoff said during the hour long lecture.

He warned about the need for a debate on judicial modesty given what he says are dynamic changes in legislation post 9-11 and most recently with changes in economic regulations.

Chertoff also spoke about judges involved in the area of international law and their need to justify their activities with clear principal and avoid "trying to increase their position of power or the rule of law will fail," he said.

The lecture topic was a deviation from his usual focus on homeland security, he said.

His lecture to more than 150 in attendance focused on the importance of judicial modesty or restraint. Judicial modesty is based on the notion that judges should be conscious of their own limitations, core competencies and role and responsibilities and make decisions that are bound to an enduring principal, text or rules verses their own vision of justice.

The event was hosted by the nonpartisan Rehnquist Center at the James E. Rogers College of Law.

The UA event is one of many sponsored by the Rehnquist Center to promote public understanding of the separation of powers among the three branches of the federal government, the balance of powers between the federal and state governments and judicial independence.

Also on Friday, media representatives were invited to a briefing on border security and immigration enforcement in Arizona. Chertoff provided details of his visit to the Nogales and Sells points of entry into the U.S. as well as to the I-19 checkpoint.

Chertoff provided data released by the Hispanic Pew Center last released in last month which showed that from the first time since 2001 there was no net increase in illegal immigration in the U.S. and a likely "net decrease in the number of illegal immigration."

The report also showed a reversal of trends that began a decade ago that from 2005 to 2008 the inflow of immigrants who are undocumented fell below that of immigrants who are legal permanent residents-a turn around that appears to have occurred in 2007. Chertoff said these numbers were a direct result of enforcement.

Chertoff addressed the question of border security given the increase in narco-violence along the Sonora, Mexico border. He said the U.S. is prepared to defend itself and the country via air and ground assets and that enforcement has ensured "no criminal gangs have ventured into the U.S."

He also addressed the future and his hope that congress will be able to entertain legislation that would be positive for both businesses and to the workforce by directing illegal migration into legal channels via a work program.

And Chertoff had an announcement. He plans to end his tenure with the federal agency on January 21 and has already begun preparing for a smooth transition for the new administration and will support the new president and his team.