Supreme Court Upholds Key Part Of Arizona Immigration Law, Strikes Down Rest

US Supreme Court room SC 300x225 Supreme Court upholds key part of Arizona immigration law, strikes down rest

The Supreme Court upheld a key part of Arizona’s tough anti-illegal immigration law in a 5-3 decision on Monday that allows police officers to ask about immigration status during stops. That part of the law, which never went into effect because of court challenges, will now immediately be enforced in Arizona. Other parts of the law, including a provision that made it a state crime for illegal immigrants to seek work, will remain blocked, as the justices affirmed the federal government’s supremacy over immigration policy.

Justice Anthony Kennedy, the court’s swing vote, wrote the opinion, and was joined by Chief Justice John Roberts, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. Conservative Justices Antonin Scalia, Samuel Alito and Clarence Thomas partially dissented, saying the entire law or most of the law should have been upheld.

In the opinion, Justice Kennedy wrote that the federal government’s “power to determine immigration policy is well settled.” But he also showed concern for what he described as Arizona’s outsize burden in dealing with illegal immigration, seeming to sympathize with the state’s decision to butt in on immigration enforcement. “Arizona bears many of the consequences of unlawful im­migration,” he wrote. “Hundreds of thousands of deportable aliens are apprehended in Arizona each year.” But, ultimately, the justices found that Arizona cannot mete out its own state punishments for federal immigration crimes.

“Arizona may have under­standable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law,” Kennedy wrote in the opinion’s conclusion.

The police immigration checks are allowed, however, because state police would simply flag federal authorities if they found an illegal immigrant. Kennedy did not rule out that these checks may be implemented in an illegal way, which means more lawsuits may be forthcoming.

Read More at Yahoo! News. By Liz Goodwin.

Photo Credit: kenudigit (Creative Commons)

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Comments

  1. trackfodder says:

    Where is the KKK when you need them?

  2. Coldcowboy says:

    Wel, now we know they will rule Ovomit's health care will be upheald!!!!!!!!!!!!!!!!!!!!!

  3. JacktheFAC says:

    Even the key part that SCOTUS "upheld" they sent back to the 9th "Circus" Court (the most liberal/leftists court in the country) to set up guidelines and rules. In other words, in a round about way, they threw that part out also.

  4. richard handwerk says:

    time for a coup.

  5. Evermyrtle says:

    I'm surprised that they passed any of it., so hopefully Arizona will have some power against illegals pushing their way in to the state. We need, every Christian to pray for Arizona.as well as the rest of the border states. This gives me a little for the dying of the Obamascare mess.

  6. JCARROLL says:

    I CAN'T BELIEVE WE CAN HAVE SO MANY TOTALLY STUPID PEOPLE IN THIS COUNTRY OBADMA IS 100% MUSLIM AND THE WHOLE PLAN IS FOR THIS COUNTRY TO SLIDE INTO SOCIALISM-COMMUNISM–THEN ISLAM,MUSLIMS, SHARIA LAWS, THE SO CALLED SMART PEOPLW ARE FALLING RIGHT IN LINE. THERE IS A VERY GOOD START ALREADY THEN WATCH THE HEADS ROLL. FIRST WILL BE THE HOMOSEXUALS FOLLOWED THE REST OF THE NONE BELIEVERS. LOOK WHAT'S HAPPENING IN OTHER COUNTRIES BY THE DAY, GOD HELP US TO HELP OURSELVES.

  7. Seeks_the_truth says:

    Of course oblameo doesn't like AZ enforcing immigration laws. It goes against his belief of open borders.

    • Edwardkoziol says:

      Obunghole is laughing at this foolish ruling and can you imagine Putin letting illegals enter Russia.I almost wish he was our president then this half coon we have now.I feel sorry for people in Arizona and the United States.Maybe we should offer all these wetbacks a free cruise to Antartica along with families.I cannot believe Ojerkoff can tell states they can't enforce laws.

  8. Oscar Dar says:

    AMERICA:
    Although some of the key to enforcing the effective immigration law was not upheld, the MASTER KEY to run after the ILLEGAL aliens, was just opened. Wide open to RUN THE ILLEGAL ALIENS. Tomorrow, the streets of ARIZONA will be as clean " TAJ MAJAL", no illegal aliens will loiter or showing their faces to the POLICE, or they will see their undocumented cousin in jail. It is a very good start. SUPREME COURT, is not really supreme when it comes decisions favoring the law abiding citizens. IT IS STILL A MYSTERY WHY THEY ACTED LIKE THAT., WHEN THEY WERE PLACED THERE WITH THE HOPE THEY HAVE A VERY SOUND DISCRETION, WHEN IT COMES TO UPHOLDING THE RIGHTS OF AMERICA AND AT THE SAME TIME PROTECTING THEM.

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