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Supreme Court To Hear Arizona Immigration Challenge

Supreme Court To Hear Arizona Immigration Challenge

On Monday the Supreme Court announced it would review challenges to Arizona’s restrictive anti-immigrant measure, SB 1070, adding yet another high profile case to the upcoming term. The review will likely be heard close to the same time that the justices consider challenges to the constitutionality of health care reform.

Justice Elena Kagan recused herself from the review of the Arizona case, likely because she worked on the issue while solicitor general for President Obama.

The Justice Department had challenged the Arizona law as beyond the scope of state power and was successful in blocking the worst parts of the law at the trial and appellate level. Those elements include making it a state crime to be in the country illegally and failing to register with the federal government; making it illegal to seek work or working when not authorized; requiring state and local officers to try and determine the status of someone arrested, stopped or detained if they believe the individual might be in the country unlawfully; and allowing warrantless arrest of anyone who they have probable cause to believe might have violated laws that would make them deportable under federal law.

The Obama administration had opposed Supreme Court review, arguing that the 9th Circuit Court of Appeals got it right in blocking implementation of those provisions. Arizona, on the other hand, asked the high court to take the case since its law was not intended to usurp federal law, but rather to cooperate with it.

Other states have passed similar measures and also face legal challenge, including Alabama, South Carolina and Utah, though there’s no reason to think a decision on the Arizona case would resolve all those pending challenges.

Related Stories:

Arizona Asks SCOTUS To Reinstate Immigration Law

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19 comments

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7:07PM PST on Dec 18, 2011

I definitely don't want anyone here who is not legally here.

7:37AM PST on Dec 15, 2011

Well said Glen, I totally agree!

9:23PM PST on Dec 13, 2011

One of the things wrong is the fact Obama decided to sue AZ over it's immigration law. Did you know that one of the laws that was blocked happens to be a federal law on the books that says that local law enforcement can determine the immigration status of those they reasonably suspect to be in the country illegally while stopping,detaining or arresting someone for another infraction. The Alabama law along with the AZ law now merely expands on federal law to require officers to check immigration status if suspicion exists. The Alabama law like this wasn't blocked as far as I know. I'm wondering if Obama's lawyers even know about this law? They sure don't act like it. I believe this is the reason the supreme court decided to take the case. And I believe the AZ law will be reinstated. The feds are telling states they can't enforce a law on the books that says the local state police can. What a load of BS.

5:46PM PST on Dec 13, 2011

@Mary L.: Actually, Alabama has recently seen a 2% DECREASE in unemployment since their law was passed. That's fairly significant for such a short timeframe. I would love to see every state reduce their unemployment by 2% as it would mean millions of Americans back at work.

@Brian M.: The "jobs Americans won't do" line is getting a bit old and repetitive. Americans will do the jobs as long as they are paid a FAIR WAGE for doing the work. They certainly aren't going to do it for minimum wage and I've even seen someone mention that $9/hour was "a good wage for the work" which is ludicrous. It's difficult, hot work from what my friends that know about farm work have told me - it's certainly as difficult as working in a factory. Therefore, factory wages (which around here start at $9.75/hour for a job you sit down all day for) should apply.

I find it repulsive that Americans can whine and complain because we are trying to enforce the laws and deport illegals and give jobs back to Americans. If you are anti-American and don't want our citizens and legal immigrants holding jobs here in America, why do you live here? If we're just going to hand America over to the invasion of illegals, why do we have any American pride anyway? I am not going to wave the white flag and hand off America. I hope there's enough true Americans left in this country that will stand in support of America and its Rule of Law.

3:15PM PST on Dec 13, 2011

This is a money issue. The Federal government has a policy and then refuses to cough up the money to pay for it. AZ had to pay for all illegal aliens' food, housing, medical and education of the kids they have in America. Big Ag who lured them over here in the first place doesn't kick in a dime for their upkeep so the taxpayers are footing the bill. With this latest recession, the states ran out of money, they just don't have it. If the Federal government wants to "force" AZ taxpayers to continue paying all the costs of illegal aliens, then the Federal government should PAY for them. That would be my argument in court, state's rights to run their own economy or PUT UP SOME CASH and then you can TALK. This has nothing to do with the "race card", this is about "the gravy train is over."

11:34AM PST on Dec 13, 2011

We need to think of how this controversy impacts the American farmer. Most Americans would love it if all the crops were picked by their fellow Americans. The reality is that most Americans are either too fat, too lazy, or too privileged to deign to pick crops. Those that are left behind are too unskilled to efficiently and skillfully harvest crops in a manner rendering them fit to sell to their fellow Americans. What exactly is the American farmer supposed to do? We need reasonable immigration policies to admit guest workers who will do the work that none of the U.S. is able or willing to do.

11:32AM PST on Dec 13, 2011

Thank you for the article...

8:37AM PST on Dec 13, 2011

Well, America is doing it's best to get all immigrants out of the country. Yet, the vast rush of legal americans to Alabama to take their jobs back has been non-existent, ditto Arizona.

Food prices are going to go up and the choices of what to buy are going to go down. Time to plan that vegetable garden.

When are people going to start accepting the fact that we live in a country that's part of a world wide food web.

If you don't know what a food web is, ask elementary school kids. They know.

7:35AM PST on Dec 13, 2011

Glenn you are wrong, democrats blocked an effort to require companies to check the national data base for all hires. Democrats have not put any bills up to fine corportations who hire illegals in the last 3 years. So how do you know?

I'm sure Obama won't do anything to upset his corporate buddies at GE or Microsoft during an election you, after all neither pay income tax but donate big time to obama.

Keevin, they are not talking about them selves, the are talking about home land security who have failed to secure the border.

7:19AM PST on Dec 13, 2011

As long as the corpublicans are in control of the Supreme Court the result will not be good.

The answer to the illegal alien problem is to increase the amount of criminal penalty fines for CRIMINAL companies that engage in the criminal activity of hiring illegals to the point where such hiring stops.

The Corpublicans would block any such legislation and then turn around and claim that the states have the right to build barbed wire walls and ignore the federal government where such legislation is being blocked by them.

The bottom line is that they want illegal hiring to continue for their corporate and business masters while at the same time to blame the federal government to weaken it and keep it from being able to stop them in their competitive bid for power.

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