What has been seen as the key provision in Arizona’s SB 1070, Section 2B, requiring law enforcement officers to check immigration status of those in contact with law enforcement for other reasons HAS been upheld by the United States Supreme Court!
The high court today basically allowed Section 2B to stand but also remanded it back to the 9th Circuit Court of Appeals.
THAT means that, as soon as an Arizona Law Enforcement officer proceeds with such an immigration status check, it is very likely that a court challenge OF it will ensue and THAT case will proceed quickly to the 9th Circuit Court of Appeals.
The case is far from settled.
Basically, what the Supreme Court said was, regarding Section 2B, it cannot be ruled upon until it is in play IN Arizona and a challenge TO it has made its way back TO the Supreme Court.
3 other provisions of SB 1070 including making it illegal in Arizona for illegal aliens to seek work were struck down by the Supreme Court.
Arizona Governor Jan Brewer HAS stated that her state WOULD, if portions of SB 1070 were struck down, begin to REDRAFT those provisions into a new law.
This of course means that if CONGRESS doesn’t act on immigration reform, Arizona and other states certainly WILL continue THEIR efforts to find ways to protect their states where the federal government refuses to do so.
What Arizona lawmakers has said all along is THE most important provision of SB 1070…Section 2B…Has, at least for the time being, been UPHELD by the Supreme Court.
The problem and reason for Arizona to draft such legislation to begin with has been a direct lack of federal law enforcement officials to act under federal laws already on the books. In Arizona, there has been, over the last 3 years, directives from the DOJ NOT to deport illegal aliens and local and state law enforcement in Arizona has been told NOT to contact ICE regarding illegal aliens arrested or stopped in relation to other crimes.
Today’s Supreme Court ruling REQUIRES Arizona state and local law enforcement to seek immigration status documentation but ONLY of those in question are already in contact with law enforcement for another reason and, should those state and local law enforcement discover that the person or people in question ARE in the country illegally, they are REQUIRED to contact federal immigration authorities.
Essentially, this puts the illegal alien directly BACK into the hands of ICE which, over the last few years, despite federal laws on the books, has declined, In Arizona, to act ACCORDING to those federal laws.
In their Supreme Court arguments, The federal government claimed Arizona’s SB 1070, in total, encroached on ITS authority to enforce immigration law.
The problem in Arizona has been that the federal government has, for the last several years, REFUSED to enforce immigration law and the costs associated WITH illegal immigration from law enforcement to education and medical care have skyrocketed.
Those of course, are the direct costs and unknown really, is the backdoor cost to the Arizona economy as many illegal aliens, working without work permits, send U.S. dollars directly back to Mexico which prevents the Arizona state economy from gaining strength.
In striking the other 3 provisions of the Arizona law, the Supreme court said that, making it a crime for immigrants to look for work without valid work permits, not carrying their valid immigration papers, and allowing police arrest those whom they suspect committed crimes for which they could be deported are the prevue of federal law enforcement.
Arizona, citing a lack of federal action ON those existing federal provisions was attempting to act upon them at a state level. The provisions struck from the Arizona law were not NEW immigration laws, rather they mirrored existing federal laws at a state level.
By this ruling, as these provisions in the Arizona law were written, the Supreme Court is disallowing individual states from exerting more control and instead, making the federal government more powerful over the individual states.
It also emphasizes the direct need for immigration reform at the congressional level rather than by presidential fiat.
Obama’s Imperial decree 10 days ago is but a 2 year open door policy for illegals which, when it runs out, will make it even harder to enact real reform and harder for federal authorities to enforce existing laws.
So…Winners and losers?
Arizona claims a victory on the upheld portion. Obama claims a victory on the struck portions and the American citizens are still up in the air.
At some point, maybe even today, an Arizona officer WILL have contact with someone, perhaps in a traffic stop, and determine that THAT person is in the country ILLEGALLY. At that point, the ACLU, which will be hovering like vultures will immediately claim racial profiling and off we go…AGAIN…into the court system.
The borders are no more secure than they have been, it’s yet to be seen whether or not federal agencies will enforce federal immigration law any more than they have been and illegal aliens will continue to pour across the borders, reeking havoc on state’s economies at the expense of taxpayers.
JUSTICE SCALIA, I BELIEVE, GOT IT EXACTLY CORRECT IN HIS DISSENTING OPINION FROM TODAY’S SUPREME COURT RULING WHEN HE WROTE…
“But there has come to pass, and is with us today, the specter that Arizona and the States that support it predicted: A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude. So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws?”
Please press 1 for English and 2 to continue having YOUR state’s illegal immigration issues ignored by ICE.
To read the entire ruling, please click here!!!