Immigration Law AZ: Supreme Court Upholds Controversial Portion, Strikes Down Remainder

Posted by Tina

The Daily Mail reports today that the Supreme Court has handed down its ruling on the Arizona immigration law:

According to their Monday decision, the Supreme Court upheld that portion of the law, saying that police are allowed to stop, question, and briefly detain immigrants if they believe they entered the country illegally. …

The decision upholds the ‘show me your papers’ provision for the moment.
But it takes the teeth out of it by prohibiting police officers from arresting people on minor immigration charges.

The state police officers have to receive federal permission to do so.

Justice Kennedy wrote the opinion for the court that was unanimous on allowing the status check to go forward.

They also knocked down the portion of the law which makes it a state crime if illegal immigrants are caught without proper documentation.

The court was divided on striking down the other portions.

The decision rested on the opinion that states cannot act as the federal government on immigration decisions. Judge Andrew Napolitano on FOX put it in terms of the state “stepping into the shoes” of the federal government.

Eleana Kagan recused herself in the decision.

Justice Kennedy in his opinion wrote that “Arizona may have understandable frustrations with the problems caused by illegal immigration … but the state may not pursue policies that undermine federal law.”

Arizona Governor Jan Brewer said, “Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens.”

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7 Responses to Immigration Law AZ: Supreme Court Upholds Controversial Portion, Strikes Down Remainder

  1. Harold Ey says:

    I am confused by some of the wording in the above statements from the Daily Mail. I do not believe that Arizona law enforcement can stop someone solely for the purpose of verifying their citizenship as worded in the above Daily Mail release. My understanding is The only issue that the Court did not decide on(rule against) was the provision which requires officers to check the immigration status of individuals subsequent (or as a result of) to a lawful arrest.
    Could the statement by the Daily Mail be in slight error, and should read, that during a stop for other issues ,the officer can request information on the persons immigration status? or is the Daily Mail correct in stating people can be stopped/detained just for verification of immigration status or information to that effect?

  2. Tina says:

    Harold you’re right, the law never said officers could stop people solely for the purpose of varifying their immigration status. Officers could never stop people they “suspected of being in the state illegally” to “check their papers” as the paranoid left asserted and reported. The law simply said that if an officer stopped anyone for a violation of any kind they could also at that time check for legal status.

    The President in talking about the law used an example of families being stopped and asked for “their papers” while buying ice cream which was a gross misrepresentation of the law but it sure had the negative effect the President hoped it would have. Of all people he, a supposed Constitutional scholar, should know better than to misrepresent the FACTS about the law as written.

    Thanks for noting the inaccuracy. It shows that when people in authority, like the President, misrepresent the facts, that misrepresentation often becomes truth in the minds of those who hear it…including the media.

  3. Post Scripts says:

    The President knows better, but just like Q, he can’t help himself. He has an agenda and the facts shall never get in the way of a personal agenda.

  4. Soaps says:

    Isn’t The Daily Mail some kind of leftist propaganda rag? Tina, why in the world would you use that as the source for your news story? This point was discussed many times. The new law never, never, never allowed police to stop, question, and detain people they believed had entered the country illegally. However, if they are already stopped for some infraction, like running a red light, the police could ask about their legal status, just as they would ask for their names, driver’s license, car registration, and proof of insurance. They might also ask if the driver has been drinking. And this is not about racial profiling. Most of the time, a cop drives up behind a moving vehicle and cannot even tell what race someone is until after the stop.

  5. Zed says:

    While it may be “old news” the ceding of that section of Arizona to Mexico is still in effect. Yet the Obama administration claims to have significantly more deportations than the Bush administration.

    So what does that mean? Nothing, of course. If you refuse to effectively control the boarder the number of deportations means squat, they simply cross again and again. Business as usual. Obama has effectively halted boarder control and boarder control improvements which also effectively degrades national security against Islamic terrorism.

    The current posturing from Obama and his justice department henchmen is all show. He is desperately running after the Hispanic vote, including the illegal Hispanic vote, which in more than a few states could make all the difference in electoral college results.

    Since the federal government under Obama refuses to work cooperatively with states and enforce laws that help to circumvent illegal immigration, and refuses to take responsibility for controlling our boarders, why on earth should Arizona adhere to federal mandates?

    That question was rhetorical. Of course Arizona will follow federal mandates as confirmed by the Supreme Court. They are screwed.

    All this makes for a bizarre, perverse, and ironic marriage between ideological fools and a significant part of corporate America: The alignment of hand-wringing progressive twerps with corporations who depend upon the exploitation of cheap, illegal alien labor. The 99% aligned with the 1%. The Nation in agreement with the editorial stance of the Wall Street Journal.

    This would make for a satirist’s paradise except for the fact it is impossible to satirize.

    If we are going to have immigration law, then we should damn well enforce those laws. Otherwise, pass legislation to remove them from the books and have done with it.

    Hopefully, when Romney is elected POTUS, the adversarial position of the executive branch against immigration law enforcement and against the state of Arizona will change.

    I look forward to that change.

  6. Dave Francis says:

    PROTECT AMERICANS, NOT ILLEGAL ALIENS?

    JOIN YOUR LOCAL TEA PARTY AND FIGHT BACK, SAVING AMERICA FROM INVASION.

    WASHINGTON — The Supreme Court released their opinion Today that the federal government has the sole power to enforce the laws against illegal immigration, striking down three key provisions of Arizona’s first-in-the nation crackdown on illegal aliens squatting there and stealing our childrens education, American family health care and a cornucopia of welfare payments and programs. ONLY THE TEA PARTY CAN SAVE US NOW. THE TEA PARTY IS EVERY WALK OF LIFE, EVERY RACE, & EVERY RELIGION THAT HAVE HAD IT WITH THE TWO POLITICAL PARTIES. ID YOU DONT WANT A SOCIALIST FUTURE, EVERY AMERICAN WHO HAS NEVER VOTEDSHOULD VOTE. NON-CITIZENS WILL VOTE TO SAVE OBAMA.

    Two very important laws must be imposed at once, so no more foreign invaders are encouraged to break the immigration Rule of Law. THE LEGAL WORKFORCE ACT must be passed and advanced, so illegal aliens can no longer steal jobs from the millions of Americans unemployed. The BIRTHRIGHT CITIZENSHIP ACT (H.R.140) must be compulsory so babies smuggled into America, so that parents cannot take benefit from welfare, once the child become an immediate citizen. Half a million pregnant women enter the United States looking for handouts annually, for their children. Let your Senator or Congressman/Women know how you will vote, by giving your name to the politicians aides and that you want them to sponsor E-Verify and the Birthright Citizenship bills. Citizen voters should phone Congress at the central Switchboard at 202-224-3121. FORCE YOUR CONGRESSMAN/WOMAN TO fulfill their obligation to the oath of office and stop pandering to the businesses that use cheap labor. Use the power of your VOTE to demand they sponsor these to policies or we are destined to become like Europe, overwhelmed by the poverty of other countries.

    SO NOW ITS IMPERATIVE THAT THE PEOPLE, MOVE WITH ALL THE EMPOWERMENT THAT OUR UNIQUE SOVEREIGNTY AND THE CONSTITUTION TO REMOVE ALL REPUBLICAN AND DEMOCRAT INCUMBENTS INCLUDING THOSE A STATE LEVEL WHO ARE NOT PROTECTING AMERICANS FROM THE ILLEGAL ALIEN INVASION. WITH STATE SOVEREIGNTY BEING STOLEN EACH DAY, THE STATES ARE BEING FORCED TO RELINQUISH THEIR POWER TO THE FEDERAL GOVERNMENT. HUNDREDS OF BILLIONS OF DOLLARS ARE BEING EXTORTED FROM ALL TAXPAYERS BY FEDERAL MANDATE TO MAKE LIFE EASIER FOR FOREIGN NATIONALS. IT IS TIME TO THINK OF OUR OWN PEOPLE AND CUT OUT FOREIGN AID, AND INSTEAD LOOK AFTER ARE OWN SICK, HOMELESS AND WOUNDED AND OUR JOBLESS WORKERS?

    Remember, we must restore America and not stop until every political parasite is voted out and sent home in disgrace. Obama will crush America, if he gets a majority of the Hispanic vote and our only chance for America to survive is the TEA PARTY. Legal Hispanics will vote for Obama, to insure he keeps the illegal relatives in the USA.

    The fight for America is on! But we dont fight alone. Cadres of invisible Patriots have been silently empowering the Tea Party, working tirelessly behind the scenes to restore America. Their names carry no political weight, they do not seek glory nor will their acts ever be recorded in the history books, but they are indispensable in the fight against the darkness that blankets America. These invisible Patriots are the Tea Party Guardians, guarding all we hold dear. LOOK TO VOTING OUT THE POLITICIANS WHO HAVE NEAR BANKRUPTED THIS NATION AND REPLACE THEM WITH TRUE TEA PARTY LAWMAKERS.

    Now we have a pharaoh in power, which has torn up the most precious of document called the Constitution, in his pursuit of absolute power. In his term he has hired a bunch of Marxist and ultra left Socialists that have done almost irreparable damage to our economy. His henchman like the despicable U.S. Attorney General has been on a Witch Hunt escalating his intimidation on initially Arizona, with his warlord rumbling against Alabama and Georgia. Because these states dared to introduce legislation, to remove illegal aliens that are not only stealing American welfare by court mandate, but by causing mayhem by drunken drivers on our highways, but attacking children and women. This miserable human being called Eric Holder who reigns over us with a big stick, with his legions of overpaid public servants called attorneys.

    ILLEGAL ALIENS ARE NOT AMERICANS? THEY ARE CRIMINALS WHO ENTERED A SOVEREIGN COUNTRY. THEY CAME HERE FOR TWO THINGS, TO TAKE YOUR JOBS AND YOURE PUBLIC SERVICES?

    Then we have Obama forcing the American people to forfeit their money to pay for a Socialist style health care. Money extorted from taxpayers, for probably a large proportion of people who live like leeches of the rest of us. Obviously the 22 million illegal aliens in the country will remain free of payment for Obamas health care package. Not just illegal aliens, but a mixture of the population who sleep late, eat their fast food, watch TV and play video games on a computer. With this potentate in power unemployment is through the roof. Food stamps are at a full time high and the lines of illegal aliens, who have smuggled their babies over here before they were born, have been instructed by verbal guides that once here their child can claim citizenship. This in itself has become a hundred billion dollar industry of child health care, education and a long list of financial payments, that even citizens are declined to collect. Illegal Immigration has become blight and Americans under President Obama will pay a dear price.

    It will be them against US in the 2012 election and both Obama and Romney are already trying to pacify the majority of ethnic voters across the U.S. The only possible the American voter can gain the momentum to remove Obama and his crowd from office; not saying that even Mitt Romney is any better and should drive the old incumbents out and replace them with TEA PARTY leaders. Only then will we return sanity to this Congress. Only by replacing the Senators and Congressman in both traditional parties will anything ever change and who seem completely oblivious to the survival of the middle class? Under Obama we will sink even deeper into a high spending manic and with Romney more latitude for Wall Street. Just the TEA PARTY will reroute America on a path of Success, if they can significantly displace the usual, spineless politicians with new ideas, which will elevate this country to a decent future for all. It would be highly complementary to also dump the Governors, Mayors, Police Chiefs and every elected official with TEA PARTY associates and rid ourselves of those bodies who pamper special interest groups, Obama fodder and the whole slew of individuals are working against the greater good of ALL Americans.

    If you want to read the specifics concerning the lawlessness traitorous actions within Washington, then bookmark the AMERICAN PATROL website. AMERICAN PATROL is a up to date disclosure site of the nationwide E-media and newspapers, blogs and commentary that the Liberal press prefers to keep from the public. Daily, the truth is revealed about illegal immigration and the corruption in Washington and state Capitols. PAY ATTENTION TO ILLEGAL ALIENS VOTING IN THE UPCOMING ELECTIONS FOR OBAMA .

    Interesting enough my message cannot get into the mainstream Liberal press, where I am banned for telling the truth.

    NO COPYRIGHT. DELIVER TO YOUR FRIENDS & FAMILY

  7. Tina says:

    Soaps: “Tina, why in the world would you use that as the source for your news story?”

    As is often the case these days I was in a hurry to put something up about this because I figured it was the story of the day and I wanted our readers to have a chance to discuss it. I skimmed the material after hearing it on TV and didn’t notice the error. Dumb I know…I made the very distinction you point out myself several times.

    Thanks to you and Harold for being such gentlemen and for asking me about this so that our readers will not be confused.

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