Arizona Immigration Law Ruling: Supreme Court Delivered Split Ruling
Monday’s decision on “papers please” rested on the more technical issue of whether the law unconstitutionally invaded the federal government’s exclusive prerogative to set immigration policy. The justices found that it was not clear whether Arizona was supplanting or supporting federal policy by requiring state law enforcement to demand immigration papers from anyone stopped, detained or arrested in the state who officers reasonably suspect is in the country without authorization. The provision that was upheld — at least for now — also commands police to check all arrestees’ immigration status with the federal government before they are released.
The court gave the Obama administration a victory by striking three other challenged provisions as stepping on federal prerogatives. Two of them made it a crime for undocumented immigrants to be present and to seek employment in Arizona, while a third authorized police officers to make warrantless arrests of anyone they had probable cause to believe had committed a deportable offense.
Writing for the majority, Justice Anthony Kennedy said, “The history of the United States is in part made of the stories, talents and lasting contributions of those who crossed oceans and deserts to come here.
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