Supreme Court Upholds Key Part in Arizona Immigration Law

by Admin on June 28, 2012

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The US Supreme Court may have struck down three parts of Arizona’s SB 1070 immigration law  but it did uphold the provision requiring police to check the immigration status of people they stop.

The following provisions were struck down: requiring all immigrants to obtain or carry immigration registration papers, making it a state criminal offense for an illegal immigrant to seek work or hold a job and allowing police to arrest suspected illegal immigrants without warrants.

Justice Anthony Kennedy said “the national government has significant power to regulate immigration.” Because of this, he also stated that three of the four challenged provisions in the state law were “pre-empted by federal law.”

SB 1070 was an Arizona law that made it a state offense to be in the country illegally, made it a misdemeanor for an undocumented immigrant to seek or hold a job, and gave police the authority to arrest anyone they believed could be removable from the United States.

According to Joe Leeds, a US Immigration lawyer in Thailand , the Supreme Court ruled that the Federal Law precepts the State Law of Arizona and therefore struck those provisions of the Arizona law that were already covered by Federal Law. This means that state police in Arizona cannot arrest and detain immigrants on the basis of this immigration status.

However, the Court upheld the right of Arizona police to question suspects in regard to their immigration status. Both sides have, ironically, claimed victory.

Arizona Sheriff Joe Arpaio Responds to Supreme Court Immigration Ruling Video:

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