Arizona Immigration Law Lands In Supreme Court With Arguments

WASHINGTON -- The Supreme Court today considers whether Arizona's controversial immigration law provides a legitimate helping hand or acts as an unconstitutional agent of chaos to federal immigration policy. The blockbuster case, Arizona v. United States, will be the court's last oral argument until October -- a fitting end to an extraordinarily high-profile term.

The immigration saga began two years ago, when Arizona Gov. Jan Brewer signed into law the Support Our Law Enforcement and Safe Neighborhoods Act, commonly known as S.B. 1070. The law's aggressive means of carrying out the state's "attrition by enforcement" public policy drew immediate criticism from the Obama administration and civil rights groups -- and imitation from Alabama, Georgia, Indiana, South Carolina and Utah.

The Department of Justice sued to stop S.B. 1070 from taking effect, successfully blocking in the lower courts four of the law's provisions as invasions of federal government authority to regulate immigration. Two of those provisions make it crimes for undocumented immigrants to be in Arizona and to seek work with employers in the state. The other two blocked provisions required law enforcement officers to demand immigration papers from anyone stopped, detained or arrested if they reasonably suspect the person has committed a deportable offense, and authorized warrantless arrests of anyone an officer has probable cause to believe is in the country illegally.

According to Arizona, these provisions are the state's "efforts at cooperative law enforcement" to support the federal government's immigration regulations. The U.S., however, rejects this characterization and says the Constitution and Congress have preempted states from pursuing their own enforcement policies.

"A scheme that depends on national uniformity cannot coexist with a patchwork of different state regimes, whether that patchwork involves 50 different decision-makers, 50 different remedies, or 50 different substantive rules," wrote Solicitor General Donald Verrilli, who on Wednesday will again face his adversary from last month's health care cases, D.C. superlawyer Paul Clement.

Neither side will overtly focus on racially charged elements of the law that have driven much of the public attention to S.B. 1070. The lawsuits brought by civil rights groups claiming that the law unconstitutionally targets Hispanics in violation of their equal protection and due process rights remain pending until the justices determine the more technical preemption analysis.

A win for Arizona, then, could prove fleeting in the long run in the face of future civil rights challenges, should the court unblock any of the four provisions. Because Justice Elena Kagan is sitting out the case, presumably because she worked on it when she was solicitor general, there is a chance the court will split evenly, which would result in all four provisions remaining blocked.

Such a result, however, would set no nationwide precedent, meaning that the full court soon could very well find itself taking on challenges to similar laws arising out of the five other states that followed Arizona's lead.

Comments

[DrumminD21311]

09:24 PM on 04/29/2012

Companies need cheap labor. Punish the employers, and immigration will cease.

[Vera Gottlieb]

02:21 PM on 04/29/2012

Singing???

[Jersey Viper]

07:17 PM on 04/26/2012

What ever they decide, the politics of the moment can change and the rulings as well. What is best for the majority may never be just for America.

[dembil]

03:25 PM on 04/26/2012

I wish discussion on Supreme Court topics did not seem like such a waste of everyone's time. Somewhere along the line, they have forgotten that their job is about maintaining freedom and a comfortable society---yes, I see that as a goal of the Constitution. Trayvon was merely a tip on the iceberg of a dangerous society the right is creating.

[Illegalisillegal]

08:27 PM on 04/29/2012

dem DO YOU KNOW WHAT REALLY HAPPENED w/ TRAYVON??? THE TRUTH,,HUSH until you do!! Do you know how many innocent people are KILLED everyday by an african American NO YOU DON'T hear that!!! A white kid was just murdered by a african american at Taco bell the other day ,point blank gunshot to the head!!!,NOTHING was heard or said about this!! SICKENING

[wizard54321]

02:36 PM on 04/26/2012

the other day I was overly upset and made some comments that were rude and i apoligize for that Im sorry i was just upset as to how the country has gone and become please accept my apology god bless everyone I wish you all the best the world has to offer

[Matt Hoffman23]

12:01 PM on 04/26/2012

I think it's time we had an honest debate about global immigration issues: http://frustratedhypocrite.wordpress.com/2012/04/24/whos-to-blame-for-resentment-of-immigrants/

[jrleftfoot]

01:44 AM on 04/26/2012

All the scared little jingoists are frantically posting from their bunkers."The aliens are coming.The aliens are coming."Yes they are and there`s nothing ,in the long run, that Scalia, Governor Pruneface and the sentinels. of racial purity can do about it. Andale .Andale.Hide the women and chillen and count the silverware.

[wizard54321]

07:14 AM on 04/26/2012

oh thers something you can do!! man the rifles and shoot them when they come over they fence!!!!! ill bet one day is all itll take?? need a volunteer ??call me im a great shot, and am sick of the lawbreakers and when they drop a little illegal on the ground theyre here illigally also they are the problem of the down fall of this country all the way to a differnt language printed on the walls and on the phones can you belive we lazy americans allowed that to happen does any other country allow that to happen wake up

[jrleftfoot]

09:24 AM on 04/26/2012

You`re sick.Making threats online is pretty stupid you deranged slobbering bag of vomit.

[Scott Leland]

11:34 AM on 04/26/2012

Wizard, I can see that you are upset that the Illegals have better representation in the Congress than we do, but your strong language could be missinterpreted as a threat. Perhaps, you could express yourself without referring to "when they come over the fence" in your future Comments.

I am on your side, For Americans.

[Scott Leland]

11:29 AM on 04/26/2012

Very Clever, a takeoff on Paul Revere, except that the Aliens are already here, 20 million of them working at jobs that Americans cannot apply for. We are not "jingoists" or "racists." We are Americans that are concerned about what is happening to Our Country.

[jrleftfoot]

02:23 PM on 04/26/2012

Once you get it through your head that your life is crappy because of your own faults and deficiencies, not the machinations of whichever "other" your fascist masters choose to offer up, you`ll be closer to ,if not enlightenment, at least some semblance of sanity.

[Illegalisillegal]

04:12 PM on 04/27/2012

AMEN Scott,,not just illegal Mexicans crossing our borders, terrorists are running over kicking their heals up saying this is WAY too easy.

[websmith]

12:24 AM on 04/26/2012

One of the primary reasons that states would be part of the union is that the combined or federal government would protect their borders and property. With 14 million people who came here illegally and are foreigners taking property from citizens in every state, the federal government is obviously not living up to its part of the contract. If the federal government won't live up to its contract, Arizona surely must protect its self. It isn't about whether the feds or them states are supposed to do it. The feds are not doing it and it is not a policy. It is a law. This is not immigration. It is an invasion.

[Illegalisillegal]

07:38 PM on 04/26/2012

AMEN web!

[Scott Leland]

10:25 AM on 04/27/2012

Yes, you are right, and the "Immigrant Rights" groups interfered in the Arizona State election by contributing to one state senators opponent's campaign and are now bragging about defeating him:

http://redwriteblue.blog.com/2011/11/12/nefarious-victory/

[Mike Spangenberg]

12:14 AM on 04/26/2012

This country was founded on one basic premise; FREEDOM. The federal government fought against the very people people they are suppose to support; and guide; and govern; and killed millions to enforce their right to control every state in this union above and beyond the 15 basic rights the federal government was given over the states. What made this country great was the fact that if you didn't like one state, you could move to another you were comfortable with. If I want to live in a state filled with goddamn illegal Mexicans, then I will move there! If not, I want the right to move to a state that has taken steps to stop that progress. We have currently approximately 11.4 million illegals (again) in this country; And approximately 15 million REAL citizens out of work. I really don't see a problem here, DO YOU? Tell me what Mexico would do if 15 million out of work Americans decided to cross into Mexico illegally? Perhaps it's time for another Civil War?!?!?!?!?!?

[jrleftfoot]

01:52 AM on 04/26/2012

It`s not enough for the jingoist crowd to hunker down in their gated communities.They want to put a fence around the whole country and call it freedom.LMAO

[wizard54321]

03:21 PM on 04/26/2012

are you stating that you dont feel there is a problem with the amount of illegal immingrant comming into this country??? and that there is basically nothing being done about it?? I would really love to hear your take on what is going on and where it should be heading? it sounds like your position is oh well just let it be what itll be??? please advise

[Illegalisillegal]

07:40 PM on 04/26/2012

AMEN Mike!!

[Mike Spangenberg]

11:01 PM on 04/26/2012

Thank you for your support. I just wanted to add this. . . . . Obama is currently attempting to give amnesty to all the illegal Mexicans by using the "hardship" act/law. "It is illegal to cause hardship by separating a man from his family", and therefore deporting them is illegal. One question though. . . . . Why is the U.S.S.A. (United Socialist States of America) paying restitution to Mexico for every Mexican deported back? We are told some 280,000 have been deported, but our tax money is being paid to Mexico for doing it; above and beyond what it costs to catch, process, and release them! ! ! !

[Toomuch Brit]

09:58 PM on 04/25/2012

My workpace in Los Angeles recently declared Spanish (or the Mexican version of Spanish) as the official language of the workplace, since out of the 2550 employees only 30 could speak decent English with another 50 speaking some type of broken English, the rest speak no English at all, since my Spanish is only about 5th grade level they told me I have to learn Spanish better or be fired on the basis that I cannot effectively communicate with the majority of the workforce, sadly they said I had to pay for courses out of my own pocket and have given me 180 days to become fully proficient in Spanish.

[Armando Cedillo]

10:04 PM on 04/25/2012

Call ICE and have them investigate.

[Illegalisillegal]

07:49 PM on 04/26/2012

ICE in controlled by Obama and his administration,,they want to KEEP illegals,,talked personally with an ice agent. VOTES,,VOTES ,,VOTES

[Scott Leland]

11:47 AM on 04/26/2012

You can file a complaint with the "Equal Opportunity Commision." It has a website with email Templates to file your complaint. If you do, say that you wish to represent the other 29 employees similary affected and that you will notify them of the results of the agencies.

There have been many Federal Court decisions regarding the use of foreign languages (in this case English!) in the workplace and any policy regarding that has to be based on a legitimate reason for it's imposition on the employees.

If you care to email me: scottleland @ hotmail dot com with the name and address of where you work, I can investigate the company.

[Pam Bassett Wanhala]

09:40 PM on 04/25/2012

Wow! Such a debate. There shouldn't even be a debate on this topic. Something illegal is illegal... bottom line. If you break the law, you go to jail. If you're not in this country based on the laws that this country was found on, you go back. Plain and simple. Originally, when immigrants came to this country, they abided by the laws of this country, learned the language, worked hard and did what it took to become a legal citizen. There were no hassles like there are now. You come to this country, you abide by our laws. It is OUR country... America. Love it, or leave it. We need a national language, bottom line. Too much, much too much time and money is being spent on translating and catering to one nationality. It has to stop.

[Scott Leland]

10:30 AM on 04/27/2012

Yes, you are right, the immigrants coming to work in our country nowadays don't want to become Americans. Another problem is the U.S. State Department bringing more "political asylum refugees" here from the middle east that are not able to adjust to our way-of-life and then decide to inflict mass casualties on New Yorkers out for a Saturday night in Times Square. Our country does not need any more immigrants.

[rybalaw]

07:47 PM on 04/25/2012

This law is about keeping Arizona red. Colorado and New Mexico are kind of blue already and the GOP considers these states to be lost to them long term. To the GOP this law is a matter of survival. The GOP leadership in the Texas legislature keep the worst of these sort of bills off the floor to enhance a possible Perry presidential bid, and to let Arizona be the test case (the Texas Attorney General figured he had enough problems with Redistricting and some of the openly racist comments that certain GOP freshmen State Reps were making about it). The next legislative session if these bills are upheld Texas will have such laws, and the Democratic party will be history there forever. The question then will be whether the Texas GOP will want to bother with the forms of the Texas Constitution.

[Illegalisillegal]

08:44 PM on 04/25/2012

ry I am a Mexican and totally for this law SB1070,,racist now??

[Scott Leland]

11:49 AM on 04/26/2012

Not "Racist," Realist because you realize the negative affects of Illegal Immigration on your city.

[tmf1977]

12:10 AM on 04/26/2012

Nothing to do with Red or Blue. While I understand that many in Mexico and other nations are forced to leave their homes and decide to come here, there really should not be any excuse for people to enter the US illegally. The US has a very easy immigration policy. As long as someone can obtain documentation, they can work. Employers can also sponsor workers who immigrate here. The simple fact that people who enter here illegally and then having employers employ them without proper documentation, what do you expect law abiding citizens to do exactly? Laws are in place for a reason.

[GarrettHood1]

06:41 PM on 04/25/2012

The real shame here is that there are so many very good and informative comments I would like to read and share but it is clear that key words or opposing views (to the moderators) trigger censorship. I would expect more from a fast growing liberal news source than this. Facts aren't always pleasant to read nor are strong opinions and criticisms from others. However, all are necessary components for a good debate. I for one am capable of assimilating information, researching that information and integrating facts from others (of which I would otherwise have been uninformed) into a new and more accurate perspective.

[Scott Leland]

10:33 AM on 04/27/2012

This thread has been Commented-on for a couple of days now and I have not seen any Replys deleted. Like you say it has "so many very good and informative Comments."

[Lesli Lindgren]

06:35 PM on 04/25/2012

This law is stupid. What people fail to not recognize is how much we rely on these ILLEGAL workers from Mexico and South America. US people scream they can't find a job - they don't want the jobs that these illegal take. It is beneath them. We need these illegals as much as they need our work. They need to make it easier for these people to get green cards - get them in the system - have them pay taxes on what they make instead of turning them away.

[Chango137]

06:46 PM on 04/25/2012

You don't even have to issue green cards (resident visas,) a renewable guest worker permit will do the trick.

[Lesli Lindgren]

06:59 PM on 04/25/2012

You are right.

[Illegalisillegal]

08:33 PM on 04/25/2012

YOU may rely on them Lesli 80% of TRUE Americans DO NOT,,however come here legally then do what you will. Lesli I will send my taxes that I pay for illegals to YOU!!!! LISTEN to you,,we need these ILLEGALS?? Are you kidding me?? You support breaking the law ,,beautiful!

[anniesez455]

08:45 PM on 04/25/2012

Thats right if the income collected truly went to The American unfortunate instead of illegals , FRAUD in the system and Wasted on Private Investments by Obama we wouldn't be where we are NOW! 6 trillion in 3 years..INSANE..
Restore America Vote Romney

[anniesez455]

08:45 PM on 04/25/2012

Illegalisillegal

FANNED and faved

[Leland White house]

06:31 PM on 04/25/2012

Its far too late. We've already been invaded.;And Obama wont do anything
to defend America because he's backing the million dollar bussinessmen
and bankers.