Supreme Court Ruling on Arizona Immigration Law

By Jeralyn, Section Supreme Court
Posted on Mon Jun 25, 2012 at 11:49:49 AM EST
Tags: immigrams rights, SB 1070 (all tags)

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The Supreme Court has invalidated three of the four parts of Arizona's controversial immigration law, SB 1070, but it left intact for now the "show me your papers" provision, saying that part could take effect, although it may be subject to future challenges. The opinion is here.

The clueless Governor of AZ called the decision a victory. [More...]

The four provisions:

Section 2(B): Requires state and local police to perform roadside immigration checks of people they've stopped or detained if a "reasonable suspicion" exists that they are in the country illegally.
Section 3: Makes it a state crime for illegal immigrants not to possess their federal registration cards.

Section 5©: Makes it a state crime for illegal immigrants to work, apply for work or solicit work in any way, including making a "gesture or nod" indicating they are looking for work.
Section 6: Allows state and local police to arrest illegal immigrants without a warrant when probable cause exists that they committed "any public offense that makes the person removable from the United States."

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Supreme Court Ruling on Arizona Immigration Law | 27 comments (27 topical)

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She's not clueless (none / 0) (#1)
by jbindc on Mon Jun 25, 2012 at 12:19:01 PM EST

The clueless Governor of AZ called the decision a victory.

It's called "spin".

And the cops still get to ask for your papers if you are brown.

Agree, I do not understand (5.00 / 1) (#2)
by Buckeye on Mon Jun 25, 2012 at 12:43:00 PM EST

why some people though are proclaiming this a win for the other side though. Brewer asked for 4 things she did not already have, and got 1 of them. Sure, the court took 3 of what she wanted, but she still has more than what she started with. She is in a position to preside over a sizable increase in deportations from Arizona (which is what she ultimately wants).


What did she "get"...really? (5.00 / 1) (#4)
by christinep on Mon Jun 25, 2012 at 12:53:16 PM EST

She "got" the ability to report to the Feds suspected violators of a federal regulatory plan. Lots of us would argue that she or any of her predecessors already inherently had that. In many areas, as well as this one, federal authorities accept/do not turn away credible info as to violations of federal law.
(In view of the recently announced application of certain Enforcement Discretion factors, the practicality of 1070 show-me-your-papers info may be limited a bit.)


: They did (5.00 / 2) (#9)
by Big Tent Democrat on Mon Jun 25, 2012 at 01:29:57 PM EST

That was what the SCOTUS said at oral argument.
But some are insistent on declaring defeat for the President.
They should wait till Thursday when ACA is struck down.
Today was a win.

And I say good to this (1.00 / 1) (#3)
by Slayersrezo on Mon Jun 25, 2012 at 12:47:01 PM EST

Of the many reasons to impeach Bush and Obama -too many to count, really - failure to actually defend the borders and value of citizenship would be one of them.


Defend the borders from what? (5.00 / 3) (#5)
by kdog on Mon Jun 25, 2012 at 12:57:02 PM EST

Landscapers, fruit pickers, and meatpackers? Oh the horror.

But fear not Slayer, the economy tanking did the job better than any fence or further militarization of the border ever could.


You forgot housekeepers and brick masons (5.00 / 2) (#6)
by Angel on Mon Jun 25, 2012 at 01:00:16 PM EST

and roofers.


Busboys, dishwashers, deliverymen (5.00 / 2) (#7)
by vicndabx on Mon Jun 25, 2012 at 01:10:08 PM EST

I shoulda just said... (5.00 / 4) (#8)
by kdog on Mon Jun 25, 2012 at 01:14:16 PM EST

defend us from the salt of the earth! ;)


: You know, if we can just keep long-term (5.00 / 1) (#10)
by caseyOR on Mon Jun 25, 2012 at 01:34:09 PM EST

unemployment at its current ridiculously high level, why then we won't need undocumented workers. We will have a huge underclass of citizens who, worn down by poverty and probably starving, will become our new fruit-pickers and gardeners and housekeepers and what have you.
Of course, for young people this means they will never put those college degrees to any real use nor will they ever pay off those student loans.
And for the older workers among us it means no possibility of retirement, or a very short time collecting tiny Social Security benefits before succumbing to an early death.
The upside, which will only be for the wealthy and privileged, is that they will never face having to pay the half-way decent wages that Americans are said to currently demand.
It is amazing the degradations people will allow themselves to be subjected to if that means they can have a chance to feed their kids. the powers that be are counting on that.

oh, I don't know (1.00 / 1) (#11)
by Slayersrezo on Mon Jun 25, 2012 at 01:49:10 PM EST

Maybe the narcoterrorists that spill over our border occasionally and have ended up killing some of our citizens.

Maybe people who drive wages here down due to exploitation by unscruplous employers and send much of that money home?And please don't think I'm going to get into dueling statistics about this - I know it won't matter anyway, as you all believe what you want to believe.

I'd say those two reasons are reasons enough, but then you have to add the fact that a wide open border means just anyone can sneak in. Nation states do not have wide open borders, and Nation states do not have unlimited unregulated immigration.

Luckily the economic crap here is causing some of them to go back home or never make the journey in the first place.


At least you acknowledge... (5.00 / 1) (#12)
by kdog on Mon Jun 25, 2012 at 02:16:36 PM EST

these are people we are talking about, all endowed by their creator with certain inalienable rights, among them life, liberty, and the pursuit of happiness.

If it's narco-terrorists you're worried about, we need to legalize drugs to alleviate that problem. Our insatiable demand for their products will be quenched by hook or by crook, all the suffering we pile on the landscapers ain't gonna change that.


Of course they are people (none / 0) (#14)
by Slayersrezo on Mon Jun 25, 2012 at 07:19:12 PM EST

And children aren't responsible for the mostly minor sins of their parents.

And if it was up to me, after I built an actual wall (rather than the fake half-built stuff they have there now)and did such things as crack down on the employers, I'd legalize all the ones who were still here. As well as expedite any of the poor people who have tried to do it the legal way and had to wait in bureaucratic limbo.

I don't hate the mostly Mexicans who have crossed the border. At least 90 percent of them are good hard working people who mean no harm even if their presence here is often more due to economics rather than any actual desire to be here. But that 1 to ten percent -the criminals, gangbangers and "Aztlan" people - I wouldn't hesitate for a minute to send them back to their home countries post haste, esp since their home countries often see fit to try to interfere with our Justice system.


: Is there a limit... (none / 0) (#22)
by kdog on Tue Jun 26, 2012 at 11:37:05 AM EST

to the suffering we will reap on the 90-99% just trying to get by like you and me in the effort to deal with the 1-10% causing a problem?
A border is not a faucet you can open and close...the free will of free people to go where the getting is good is far stronger than any wall. Waste of time and money, not to mention an eyesore.

of course it is victory for Arizona gov (none / 0) (#13)
by diogenes on Mon Jun 25, 2012 at 06:24:23 PM EST

"The clueless Governor of AZ called the decision a victory..."

If Arizona has a show me your papers law, undocumented persons who are at all rational will move to other states where they will not be at such risk of being reported to the feds if they run a red light or have a headlight out. And isn't getting undocumented persons to move out of Arizona what this law is all about?

writ of mandamus (none / 0) (#15)
by Synthesist on Mon Jun 25, 2012 at 09:16:39 PM EST

In light of the fact that:

A) The Obama administration has recently declared that it will not enforce the existing immigration laws passed by Congress by not deporting certain illegal immigrants of its choosing;

B) A report today by the Washington Times (after the USSC"s ruling upholding the key provision of the Arizona immigration case) states that sources within the Obama administration have indicated that the administration will no longer assist Arizona law enforcement officers with illegal immigrant inquiries;

Arizona, and every other state that can show that they are harmed by the refusal of the Obama administration to enforce existing immigration law, as sworn to when taking office, should file a "writ of mandamus" in federal court to force the administration to enforce all of the existing immigration laws passed by Congress.

Please comment as to why a writ of mandamus cannot or should not be filed.

: In five months (none / 0) (#16)
by lousy1 on Mon Jun 25, 2012 at 10:37:42 PM EST
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