Tag: United States v. Arizona

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.