Arizona Immigration Law, Reloaded

A mixed decision:

The court ruled that Arizona cannot make it a misdemeanor for immigrants to fail to carry identification that says whether they are in the United States legally; cannot make it a crime for undocumented immigrations to apply for a job; and cannot arrest someone based solely on the suspicion that the person is in this country illegally.

However, the court let stand the part of the law that requires police to check the immigration status of anyone they detain, if there is “reasonable suspicion” that the person is unlawfully in the United States. Even there, though, the justices said the provision could be subject to additional legal challenges. The court said it was “improper” for the federal government to block the provision before state courts have a chance to interpret it and without determining whether it conflicts with federal immigration law in practice.

Depending on how you break it down, the decision was 5-3 (Kagan recused). Alito would have upheld some provisions; Scalia and Thomas the entire thing.

I would probably side with the majority in this case, simply because I think immigration law is a federal issue. If they are failing to enforce the law, then we need to elect people who either will enforce the law or make one that is more enforceable. I can understand Arizona’s frustration. But I prefer to follow the Constitution. (In the end, this is a less important issue as the moment; illegal immigration has cratered with the economy.)

Obamacare should come Thursday. So that’s three more days for the liberals to try to preemptively try to make the decision illegitimate. I’ll tweet the stupid writings.

Update: The Court also ruled that juveniles as young as 10 years old can not get life sentences without parole and that Montana can not over-ride Citizens United. I agree with both decisions.

Comments are closed.

  1. TxAg94

    The interesting thing to me will be to watch the reaction of supporter’s of Arizona-type laws (assumed “right-wingers”) and contratc that with the reaction of the left later this week if Obamacare is struck down in any way whatsoever. I suspect the reaction to the Arizona law decision will be passionate but not violent. We may see some disgusting shit, though, from the left later this week. But I oculd be wrong, they are the more reasoned and enlightened side, you know.

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  2. Hal_10000 *

    TxAg, the Left is already screaming about the Court’s illegitimacy even before the decision has been handed down.

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  3. Mississippi Yankee

    I would probably side with the majority in this case, simply because I think immigration law is a federal issue

    .

    Considering that Rhode Island’s immigration laws are, and always were, stricter than the one proposed in Arizona. Doesn’t this become more of a State issue? Shouldn’t federal laws be uniform nation-wide?

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  4. balthazar

    Hes a retarded hack, just like Sally.

    In fact Fallows is doing the exact same thing that Sally is doing in the Smarmy thread, calling out something that he THINKS one side is doing but not mentioning the fact that his side has been doing it for ages.

    Hypocrite at best, self deluded moron as worst.

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  5. Seattle Outcast

    The court ruled that Arizona cannot make it a misdemeanor for immigrants to fail to carry identification that says whether they are in the United States legally

    I have conflicting opinions about this. When I travel it is frequently a requirement that I have my passport on me at all times, and anyone that has been to Europe knows that checking in at a hotel involves them scanning your passport and transmitting it to the local cop shop so they can track all foreigners at all times.

    On the other hand, the Supreme Court ruled decades ago that people don’t need to carry ID with them. Essentially, the cops just can’t randomly walk up to someone and demand to see their papers without just cause, and then toss you in jail for failure to comply. It is a free country and all that (something both sides of the political spectrum forgot a long damned time ago).

    I’m leaning toward the side of telling AZ to go find a sharp stick to shove where the sun doesn’t shine. At the same time, the feds really need to do something about illegals – in my book that means setting up a viable guest worker program.

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  6. Kimpost

    When I travel it is frequently a requirement that I have my passport on me at all times, and anyone that has been to Europe knows that checking in at a hotel involves them scanning your passport and transmitting it to the local cop shop so they can track all foreigners at all times.

    I rarely/never carry my passport when I’m out on the town. I generally leave it at the hotel. Also, in EU, it’s only legal to demand of foreigners to carry passports, if the same is demanded of nationals.

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  7. CM

    Oh Jesus. James Fallows is now saying we’re undergoing a coup:

    Updated….

    (Midnight update: This item went up three hours ago with a more blunt-instrument headline than it should ever have had: “5 Signs the United States is Undergoing a Coup.” I used the word “coup” in a particular way in the longer item this was drawn from. Using it in the headline implies things I don’t mean. Through the past decade, there has been a radical shift in the “by any means necessary” rules of political combat, as I describe. Previous conservative administrations have nominated previous conservative Justices — but not radical partisans, happy to overthrow precedent to get to the party-politics result they want. That is the case I mean to make. And I hope the upcoming health care ruling ends up being evidence on the other side.)

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  8. Seattle Outcast

    I rarely/never carry my passport when I’m out on the town. I generally leave it at the hotel. Also, in EU, it’s only legal to demand of foreigners to carry passports, if the same is demanded of nationals.

    That was my point – the locals don’t have to carry their paperwork, but the non-EU people do. I frequently would leave my passport in the hotel safe, particularly if there is a local population of thieving gypsies to deal with. However, I am technically required to keep in on me at all times in some countries.

    I don’t want to live someplace that can demand to see your papers on a whim.

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