Arizona Immigration Law Faces Supreme Court Ruling

The Supreme Court took another step into the political fray on Monday morning when it agreed to determine the fate of several key provisions in Arizona's controversial immigration law, SB 1070.

The case, Arizona v. United States, tests states' abilities to pass their own immigration measures in an area of the law typically reserved for the federal government.

Debates over immigration and health care have dominated the Republican primary contest and will surely play an outsized role once the Republican nominee squares off against President Obama. The justices' decision to rule this term on the constitutionality of both SB 1070 and the Affordable Care Act will place the Court at the storm center of American politics.

The United States is hoping to preserve its victories over Arizona in the lower courts, which blocked four sections of the law from coming into effect. Two of the blocked sections would make it a crime under state law for an undocumented immigrant to be present in the state, fail to register with the federal government and attempt to obtain work or to hold a job without governmental authorization. Another section requires state and local police officers to check the immigration status of anyone who has been arrested, stopped or detained that the police reasonably suspect to be in the country illegally. The fourth provision at issue allows for the warrantless arrests of individuals that police officers have probable cause to believe have committed deportable offenses.

The 9th Circuit held that each of these provisions improperly invaded the U.S. government's comprehensive immigration regulation authority under federal law.

Yet Arizona argues that these provisions supplement, rather than step on, those federal laws. In its petition to the justices, Arizona characterizes SB 1070 as directing "state law-enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law."

The Court's ruling in this case will likely impact similar immigration laws passed by Alabama, Georgia, South Carolina, Indiana and Utah.

Justice Elena Kagan recused herself from the case, presumably because of her involvement as Solicitor General when the United States decided to bring suit against Arizona in 2010. Kagan's absence raises the possibility of a 4-4 deadlock among the justices, which would uphold the 9th Circuit's decision for the United States. If past is prologue, however, Kagan's recusal may not make a difference.

Last term, Kagan recused herself from another immigration case coming out of Arizona that many viewed as a trial balloon for SB 1070's legality. In a 5-3 decision, Justice Anthony Kennedy gave his crucial vote to the Court's conservative wing. Kennedy wrote a majority opinion that allowed Arizona to revoke the business licenses of employers that knowingly hired undocumented immigrants, and also allowed the state to require businesses to check their employees' immigration status on the federal government's electronic verification system. The three dissenters believed that federal immigration laws pre-empted Arizona's efforts.

For both Arizona v. United States and the review of the Affordable Care Act, the Court will hear oral arguments in March or April, and hand down decisions by the end of June -- just in time to insert itself as a political football for the general election.

Comments

[NoQuarter472]

11:47 PM on 02/03/2012

With SC.Ruth Buzzy Ginsberg, advising the Egyptians to NOT pattern their constitution after the US Constitution, as not a adequate constitution as it lacked in performing progressive ideals and concerns. She was on that progressive love station called ElJazire. So if that justice happens to ride in on her broom the day they deal with Arizona issue, her vote will be as anal as she is. Kagen has recused herself, but then you have Braindead Breyer and Sotomayor. Kennedy is the balance and if he goes left, the American people will once again lose to the socialists. Im sure that 50 states are plagued by the Illegals, Im not sure of the other 8, but we can ask the head Marxist.

[Fred Bronson]

05:41 PM on 12/26/2011

AZ is in trouble, in fact every state with immigration suits will not win the court is to liberal, then we have obama's first hispanic pick. Might as well make up a s?it load of keys to the city they'll be passing them out now........ I want to live the American dream, can I be hispanic??
Frederick Bronson NC Do. I need to add a Z, or A to my name

[Fred Bronson]

06:50 PM on 12/24/2011

As much as I respect our system if the court rules for people who have no right here we need to just say no, don't listen to them go in and round up every illegal and start mass busing to the border, then set up armed patrols

[dhinds]

11:50 PM on 02/03/2012

You have set the stage for creating Gulags, Race Riots and a second Civil
War.

[Fred Bronson]

08:09 AM on 12/18/2011

If you Google Title 8 of the US Code you would learn there is in place a law that makes it illegal to hire, to premit, to help in any way a person here illegally... Google it. it is illegal for any person to be in this country with out permission, to look for, and/or to work.....
If the people we elected in Washington would find their back bone, and say enough is enough, and demand that the police, and national guard to round up and deport every person here illegally.
if Washington will not then the states have to do something, and we need to support those states
frederick bronson nc

[dhinds]

11:56 PM on 02/03/2012

Mexico's Legislature passed a Resolution specifically declaring that attempting to create a a better life in a country in which you have no legal basis for you presence is NOT a criminal offense.

This means that any non-Mexican inside Mexico with no valid visa can be arrested and deported (and can also appeal the decision) but is not committing a criminal act. It also means that Mexican law is more humane than the USA's.

[dcainedwr]

08:32 PM on 12/15/2011

Three of my four grandparents came here as illegal immigrants. My father was a Marine & earned two Purple Hearts, a Bronze Star, a Silver Star, and a Silver Star with Clusters (he was a Democrat) . My mother became educated and taught thousands of children reading, writing and arithmetic for decades (She's a Republican). They raised my sister and me. My sister is a college-educated, tax-paying, devoted wife and mother of two (she's a Republican, too). I am a job creator, have started four companies, help save lives and families every year through my professional, therapeutic work (I'm a Socialist). Hooray for illegal immigrants!

[Alva Vargas]

03:22 PM on 12/24/2011

Hooray for illegal immigrants?!!? Times have changed since your grandparents illegally immigrated sonny! Our country has evolved into a land of laws and because of terrorism and cartels and crimes and drug and human smuggling, and greedy employers, and the American having to burden the cost of billions of dollars annually to support illegals, and lack of jobs, etc., we have to have laws, thus, a civilized country, otherwise, where would we be?!!? AND modern day illegals do not have the same character and integrity of yesteryear illegal immigrants, they have none! Nowadays it's all about breaking the law for greed because the US dollar is worth more in Mexico! In these modern times if you have noble intentions to come to America then you apply responsibly like the law says or if you have life threatening hardship you apply for amnesty. Problem solved! Also, if you disrespect and break our immigration laws, you gotta go! Illegals definitely fall into that category! They gotta go!!!!

[Douvie]

06:07 PM on 02/03/2012

The comment by Alva can be boiled down to one phrase: "What have you done for us lately?" F/F, and let's hope for a change in the immigration laws to allow law-abiding, long term residents forge a path toward citizenship!

[fwcanada]

06:17 AM on 12/15/2011

It’s hard to see any outcome that would help Obama. If he loses then it just reinforces in American’s minds their belief that he is trying to destroy the constitution and our way of life. If he wins then conservatives will be enranged and turn out massively to vote because they consider the court stacked with “liberals”. So…. Obama fails…. again.

[aagoodtime2]

10:14 PM on 12/14/2011

If the feds were doing their jobs, we wouldnt have 11 million(give or take a million) illegal aliens in the United States. The states are RIGHT. Arizona is RIGHT.

[AKansan]

02:57 PM on 12/14/2011

This is what it is all coming down to and it is ridiculous. Citizenship used to mean something. It meant: duty, honor, pride, responsibilty. Today it means: what are you going to give me.


http://newyork.cbslocal.com/2011/12/14/new-haven-mayor-wants-illegals-to-vote-in-local-elections/

[dhinds]

12:51 AM on 02/04/2012

They come to work, and work they do (with no time or interest in posting diatribes).

[Aaron Watkins]

03:59 AM on 12/14/2011

In essence states such as Arizona are tired of the Federal government ignoring Federal immigration laws and there is plenty of evidence to support this. Because the Federal government continues to ignore the problem (Obama has given given orders to enact the Dream Act and not deport any students or families despite the Dream Act being voted down in congress) the SCOTUS will allow the Arizona law to take affect (with the exception of having to carry ID's).

I'm really concerned about Obama's family, however. What should happen if any of the several illegals in his family is actually deported. I know, that at the very least, President Obama will do everything he can to prevent US laws from being enforced.

As it is with all of the attention on the US border right now and thousands more personnel on the border the President has only deported 50k illegals (out of 12 million) than before. That is with the national guard troops and increased border patrol personnel (added by Bush).

[IdahoBlue777]

04:28 AM on 12/14/2011

President Obama has done far more to curtail illegal immigration than any Repug before him. Your hero, Reagan, gave citizenship to millions of them. President Obama did not give orders to enact the Dream Act. He has simply ordered immigration to focus on illegal aliens who are committing crimes. By the way, under President Obama, about 400,000 illegal immigrants are booted per year. At the end of four years, they estimate that 1.5 million will have been booted. Unlike you, I have a source for my numbers. http://www.usnews.com/news/blogs/washington-whispers/2011/09/06/illegal-immigrant-deportations-by-the-numbers

[BlairCase]

11:11 AM on 12/14/2011

It's not a Bush vs. Obama issue, but an Arizona vs. illegal immigrants issue. The state thinks its new laws will encourage illegal immigrants to self-deport. According to reports, thousands of illegal immigrants have returned to Mexico. This doesn't burned the ICE process because they volunatrily leave the country wihtout being arrested or deported. (If the 400,000 being deported each year by the Obama administration are criminal aliens, than the crime rate must among illegal immigrants must be truly astronomical.)

[thecandideye]

01:02 AM on 12/14/2011

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I do not see how or why that the health care law will be tossed, it is relatively sound and constituti¬onal given preceding rulings.

golfr415
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( 5:33 PM)
To hsspringma¬n:

The healthcare law is being reviewed because of conflicts between different appellate courts. The precendent¬s that you think make the law sound and constituti¬onal don't say what you think they say. Most importantl¬y is that SCOTUS has for many, many years taken the position that the federal government MAY NOT use the "commerce claus" in order to establish an individual mandate to be placed on individual citizens. And without that individual mandate in Obamacare, that whole piece of legislatio¬n falls flat on its face. You're welcome to try again if you can make a better case.

thecandideye
Actually the commerce clause has been used on people/citizens--African Americans by SCOTUS and Congress, which was unconstitutional, but than they (persons of African descent) were not considered citizens or people.

The federal government can constitutionally regulate businesses, Corporations, goods and services, among the States, etc using the Commerce clause, unless property becomes a person or a person becomes property.
To our knowledge health INSURANCE is a product that is brought and sold by National Corporations like AIG among the States.
That’s not to say the Law cannot be challenged—but only by one injured by the law—How have the States been injured by the Law?

[vmf211]

11:46 PM on 12/13/2011

From the Los Angeles Times comes this news story about how the US Supreme Court will decide on the constitutionality of state laws, such as Arizona's SB1070, which allow local police to cooperate with federal authorities to enforce immigration laws by inquiring into the immigration status of people who are arrested or detained by police.



Of course it should be constitutional to do so. There are many laws on the books at the same time on the state and federal level. Bank robbery is a perfect example. It is both a state and a federal crime in every state. But if I happen to come upon a bank robbery in process in my neighborhood and call the local police, I don't expect them to tell me that it's a federal problem and that I need to call Washington, DC!

[Chase Savage]

10:40 PM on 12/13/2011

This issue is obviously a complex one. While illegal immigrants do take advantage of the American public education system and healthcare, they also contribute to the American economy by buying and consuming our goods. Also, has anyone else ever thought about the fact that our unemployment rate, which is high (some argue that illegal immigration plays a role), would go down if Americans decided to suck up their pride to a certain degree and taking jobs that seem "below us"? The one thing I will say about these "evil illegal immigrants" is that they do know the value of hard work. I drive to my school everyday and see them sitting by my local train station. They look weary and their clothes are dirty but they continue to come back to find work because they are not content to simply sit around and do nothing. They act. Maybe it's time some of the supposedly "oppressed" unemployed Americans take a page out of their book.

[vmf211]

11:49 PM on 12/13/2011

The bottom line is the are breaking our laws and have no right to be here or get any of our benifits from our country without proper permission from our governement.
If we did this in any other country we would be thrown in their prisons,

[dhinds]

12:15 AM on 02/04/2012

You're ignoring the historical foundations and human elements of this problem and contribute nothing capable of improving it.

[Aaron Watkins]

04:07 AM on 12/14/2011

The issue is not what they contribute. If the issue was about what they contribute, why not just open the borders and let anyone who can contribute in. The issue is that there are people from all over the world trying to come here legally and the illegals have take the right of other people to come here. In addition to that the US, which ALREADY has the greatest amount of LEGAL immigrants of anywhere in the world, allowing illegal immigration takes away the ability of the government to keep our immigrant force diverse and educated. As of now over 90% of illegals are from south of the border and most are uneducated. Why shouldn't the US government have the right to allow immigrants from Africa or Eastern Europe with at least high school level educations?

The latino racists won't have it though. They maintain that borders should be open.

In 1986 Reagan gave an amnesty of some 3 million illegals but with tightened federal laws that have been ignored.

Here in 2011 Obama is pushing further amnesties with no indication of what will be done to stop current of future illegals.

Another amnesty will only reward illegals and give incentive for more to come.

Where is the intelligent immigration policy in that? Nowhere, its only for latino votes.

[bovine13]

04:17 AM on 12/14/2011

I agree

[Karissa36]

09:39 PM on 12/14/2011

Reagan gave amnesty to 3 million illegals. Now we have 12 million illegals. That's what happens when you reward people with citizenship for breaking the law.

[mickflynn]

09:33 PM on 12/13/2011

The Supreme Court will rule in favor of Arizona for the simple fact that a State has the right to protect itself if the Federal Govt can't...states rights issue.

[Alva Vargas]

02:59 PM on 12/24/2011

I hope so, it's gotten out of hand. The illegals have managed to come in, protest and demand rights they are not entitled to, what is wrong with that picture?!!?

[dhinds]

12:22 AM on 02/04/2012

It's an incomplete evaluation.

[thecandideye]

08:29 PM on 12/13/2011

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The Constituti¬onal provisions have never stopped the anti-immig¬rant sentiment in this country...¬or for that matter on this blog. Using names or appearance to stop someone and search or detain that person won't just be applied to a Mexian or any other foreigner. It's a step on the road toward a much more active police presence in our lives...al¬l of us

Thecandideye section one
The Constitutional provisions, especially the equal enforcement clause, have not been enforced. Do you know how long persons of African descent have had to endure an anti-African/Black sentiment and more (they have been hung, killed, harassed, profiled, intimidated, set-up, placed in prisons disproportionately, and legally considered slaves until now, etc) (We don’t have room for the other groups—Native Americans, women, gays, Hispanics, rural whites, etc)? We all see the left over hate when it applies to a Black/African American President. You can hear it in "dog whistle comments such as "poor people don't have a good work ethic." The mental image is intended to be the picture of “lazy” Black people (so that poor/middle class whites will vote against their own interest). Why do you think there are choices such as a “pay check President” and a” welfare/entitlement President," or asking for the Black Presidents “grades.” These words are “power” words—that are used to ignite subliminal feeling of hate for persons of color.

[dhinds]

12:23 AM on 02/04/2012

Brewer's invested in privatized jails for irregular immigrants.

[thecandideye]

08:28 PM on 12/13/2011

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mjc
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The Constituti¬onal provisions have never stopped the anti-immig¬rant sentiment in this country...¬or for that matter on this blog. Using names or appearance to stop someone and search or detain that person won't just be applied to a Mexian or any other foreigner. It's a step on the road toward a much more active police presence in our lives...al¬l of us

thecandideye section two
It’s been an issue for over 150 years, and now it has spread to include ALL people, including immigrants (not dealing with the issue with Blacks allowed the Citizens United case).
The Black family in Ohio has had the sheriff come into their home/property unconstitutionally numerous times-- present day—and they have been here legally for generations. We are not anti-immigrant. We are against the Arizona Law because State Laws (nationally) have already allowed “legal” unconstitutional violations of rights, especially to people of African descent. This is not an issue of immigration—and your right it does affect ALL of us. But it has been going on for a long time—it’s not new. Remember Blacks and American Indians are not immigrants.
Before we can tackle the issue of immigration—the legal house regarding the Laws protecting legal citizens must be addressed first. That way there will be a more just, legal and human approach to the issue of immigration.

[Alva Vargas]

03:58 PM on 12/24/2011

More human approach to the issue of immigration!??! You, my friend, are misinformed! No other country on the face of the earth will treat illegals entering their country as we have. Some countries would deem them traitors and either shoot them or thrown them into their dungeoun prisons for life. You have got to be kidding!??! While " willingly illegally" here they have food stamps, housing, medical, to the tune of billions annually to the tax payer including what it cost to house them in jail and the crimes they commit while here including smuggling billions of dollars worth of drugs into the US annually. Millions are working jobs for greedy employers that should go to an American especially now since the Great Recession!??! You clearly need to get a clue!!!

[dhinds]

12:25 AM on 02/04/2012

Have a napkin to wipe the foam off your mouth.