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  • Supreme Court Backs Arizona’s Right to Enforce Immigration Laws

    Today’s Supreme Court decision upholding the major provision of Arizona’s S.B. 1070 immigration law is a strong rebuke of the Obama Administration.

    The Administration had argued that its own immigration enforcement priorities should be treated as controlling law—that is, above the determinations of both Congress and Arizona. But the Court’s decision means that the President must go through Congress if he wishes to impede the states’ ability to enforce immigration laws within their borders.

    In a judgment joined by all eight justices who participated (Justice Elena Kagan was recused), the Court found that Arizona may implement its requirement that law enforcement officers make a “reasonable attempt…to determine the immigration status” of any person they stop, detain, or arrest, if “reasonable suspicion exists that the person is an alien unlawfully present in the United States.” The Court found that three other provisions, which regulated alien registration, illegal aliens seeking employment, and arrest of individuals based upon possible removability, were preempted by federal law.

    In this case, the Court recognized that the core of S.B. 1070, which requires officers to work collaboratively with the federal government to determine the immigration status of those who have been stopped or detained for a lawful purpose, need not be interpreted to conflict with federal law. With this decision, the Court has reaffirmed the important principle that, much as he might want to, President Obama cannot prevent the states from taking action to enforce federal immigration laws just by saying that he doesn’t want them to do so.

    In 1996, as part of the Illegal Immigration Reform and Immigrant Responsibility Act, Congress made it clear that states retain inherent authority to cooperate in immigration enforcement and to supplement federal resources with their own. Federal officials are required by law to respond whenever state or local officers request verification of an alien’s immigration status (Homeland Security operates a 24/7 hotline for exactly that purpose). As Justice Anthony Kennedy said for the majority, “Federalism, central to the constitutional design, adopts the principle that both the National and State Governments have elements of sovereignty the other is bound to respect.”

    The federal government has the exclusive authority to determine who should be admitted into the country and who should be deported from the country—a principle that the Court emphasized in preempting certain aspects of S.B. 1070. However, nothing in Arizona’s immigration check provisions modifies the conditions under which somebody can legally enter or stay in the country.

    Some have argued that Section 2(B) of S.B. 1070, which the Court held was not preempted, will result in racial profiling. However, as U.S. Solicitor General Donald Verrilli conceded during oral argument, this case did not involve any allegation of racial profiling.

    In fact, S.B. 1070 explicitly prohibits racial profiling. Specifically, Section 2(B) prohibits random stops to question someone about their immigration status but permits law enforcement officers to make such an inquiry when he or she makes a “lawful stop, detention, or arrest…in the enforcement of any other law or ordinance of a county, city or town of this state.” In other words, the stop must be lawful and predicated on a suspected violation of some non-immigration law.

    If an officer legitimately stops, detains, or arrests somebody who is suspected of committing another offense and, while doing so, develops a reasonable suspicion (which must be based on articulable, objective facts, not a mere hunch) that the subject is an illegal alien, then the officer must make “a reasonable attempt” to verify or dispel that suspicion—specifically, by checking with the federal government. In short, all Arizona’s law requires is that law enforcement officers not turn a blind eye to possible violations of federal immigration laws while investigating other offenses during the course of their duties.

    Arizona and other border states bear the largest burden when immigration laws are not enforced federally or when rules are overlooked. And the burden is significant. There are 2,000 miles along the southwest border, 370 of which adjoin Arizona. Illegal entries and border smuggling by “coyotes” are rampant, with an accompanying influx of drugs, dangerous criminals, and vulnerable people (who often end up as victims of human trafficking). Between 2006 and 2010, in the border town of Nogales alone, 51 drug smuggling tunnels were discovered. Home invasions and kidnappings are common in Arizona.

    Illegal aliens take jobs from Americans and drive down wages. It is estimated that illegal aliens constitute 7.4 percent of the state’s workforce. To address these problems, Arizona passed S.B. 1070, the Support Our Law Enforcement and Safe Neighborhoods Act. Today’s decision reaffirmed that the states are not without recourse to address such a systemic problem. States should not have to beg the federal government for permission to enforce laws within their borders.

    Today’s decision means that the Obama Administration may not, by executive order, prevent states like Arizona from participating in an immigration verification process set up by Congress. The President may disagree, but for his disagreement to actually have the force of law, he will have to persuade members of Congress—a refreshing change for a President who has seen fit to go it alone far too frequently. While some people in other countries will be unhappy with today’s decision, as Judge Carlos Bea stated in his dissent from the Ninth Circuit’s opinion (which has now been overturned), “We do not grant other nations’ foreign ministries a heckler’s veto.”

    Posted in Featured [slideshow_deploy]

    15 Responses to Supreme Court Backs Arizona’s Right to Enforce Immigration Laws

    1. and2therepublic says:

      If the chief law enforcement officer refuses to enforce laws, do we still have a republic? Or do we have a despotic democracy?

    2. Bobbie says:

      I don't get it? set up? If the Arizona law is mirrored after the federal law that the federal government doesn't enforce and most of it was thrown out by the supreme court, shows the unconstitutional American hating, federal government of America is getting their corrupt way, all expenses paid…

    3. Brittanicus says:

      “The fight for America is on! But we don’t fight alone. Cadres of invisible Patriots have been silently empowering the Tea Party, working tirelessly behind the scenes to restore America. Their names carry no political weight, they do not seek glory nor will their acts ever be recorded in the history books, but they are indispensable in the fight against the darkness that blankets America. These invisible Patriots are the Tea Party Guardians, guarding all we hold dear.” LOOK TO VOTING OUT THE POLITICIANS WHO HAVE NEAR BANKRUPTED THIS NATION AND REPLACE THEM WITH TRUE TEA PARTY LAWMAKERS.

      Now we have a pharaoh in power, which has torn up the most precious of document called the Constitution, in his pursuit of absolute power. In his term he has hired a bunch of Marxist and ultra left Socialists that have done almost irreparable damage to our economy. His henchman like the despicable U.S. Attorney General has been on a ‘Witch Hunt’ escalating his intimidation on initially Arizona, with his warlord rumbling against Alabama and Georgia. Because these states dared to introduce legislation, to remove illegal aliens that are not only stealing American welfare by court mandate, but by causing mayhem by drunken drivers on our highways, but attacking children and women. This miserable human being called Eric Holder who reigns over us with a big stick, with his legions of overpaid public servants called attorneys.

      ILLEGAL ALIENS ARE NOT AMERICANS? THEY ARE CRIMINALS WHO ENTERED A SOVEREIGN COUNTRY. THEY CAME HERE FOR TWO THINGS, TO TAKE YOUR JOBS AND YOU’RE PUBLIC SERVICES?

      Then we have Obama forcing the American people to forfeit their money to pay for a Socialist style health care. Money extorted from taxpayers, for probably a large proportion of people who live like leeches of the rest of us. Obviously the 22 million illegal aliens in the country will remain free of payment for Obama’s health care package. Not just illegal aliens, but a mixture of the population who sleep late, eat their fast food, watch TV and play video games on a computer. With this potentate in power unemployment is through the roof. Food stamps are at a full time high and the lines of illegal aliens, who have smuggled their babies over here before they were born, have been instructed by verbal guides that once here their child can claim citizenship. This in itself has become a hundred billion dollar industry of child health care, education and a long list of financial payments, that even citizens are declined to collect. Illegal Immigration has become blight and Americans under President Obama will pay a dear price.

      It will be them against US in the 2012 election and both Obama and Romney are already trying to pacify the majority of ethnic voters across the U.S. The only possible the American voter can gain the momentum to remove Obama and his crowd from office; not saying that even Mitt Romney is any better and should drive the old incumbents out and replace them with TEA PARTY leaders. Only then will we return sanity to this Congress. Only by replacing the Senators and Congressman in both traditional parties will anything ever change and who seem completely oblivious to the survival of the middle class? Under Obama we will sink even deeper into a high spending manic and with Romney more latitude for Wall Street. Just the TEA PARTY will reroute America on a path of Success, if they can significantly displace the usual, spineless politicians with new ideas, which will elevate this country to a decent future for all. It would be highly complementary to also dump the Governors, Mayors, Police Chiefs and every elected official with TEA PARTY associates and rid ourselves of those bodies who pamper special interest groups, Obama fodder and the whole slew of individuals are working against the greater good of ALL Americans.

      If you want to read the specifics concerning the lawlessness traitorous actions within Washington, then bookmark the ‘AMERICAN PATROL’ website. AMERICAN PATROL is a up to date disclosure site of the nationwide E-media and newspapers, blogs and commentary that the Liberal press prefers to keep from the public. Daily, the truth is revealed about illegal immigration and the corruption in Washington and state Capitols. PAY ATTENTION TO ILLEGAL ALIENS VOTING IN THE UPCOMING ELECTIONS FOR OBAMA .

      Interesting enough my message cannot get into the mainstream Liberal press, where I am banned for telling the truth.

      NO COPYRIGHT. DELIVER TO YOUR FRIENDS & FAMILY

    4. Brittanicus says:

      ROTECT AMERICANS, NOT ILLEGAL ALIENS?

      JOIN YOUR LOCAL TEA PARTY AND FIGHT BACK, SAVING AMERICA FROM INVASION.

      WASHINGTON — The Supreme Court released their opinion Today that the federal government has the sole power to enforce the laws against illegal immigration, striking down three key provisions of Arizona's first-in-the nation crackdown on illegal aliens squatting there and stealing our children’s education, American family health care and a cornucopia of welfare payments and programs. ONLY THE TEA PARTY CAN SAVE US NOW. THE TEA PARTY IS EVERY WALK OF LIFE, EVERY RACE, & EVERY RELIGION THAT HAVE HAD IT WITH THE TWO POLITICAL PARTIES. ID YOU DON’T WANT A SOCIALIST FUTURE, EVERY AMERICAN WHO HAS NEVER VOTED—SHOULD VOTE. NON-CITIZENS WILL VOTE TO SAVE OBAMA.

      Two very important laws must be imposed at once, so no more foreign invaders are encouraged to break the immigration ‘Rule of Law’. ‘THE LEGAL WORKFORCE ACT’ must be passed and advanced, so illegal aliens can no longer steal jobs from the millions of Americans unemployed. The ‘BIRTHRIGHT CITIZENSHIP ACT (H.R.140) must be compulsory so babies smuggled into America, so that parents cannot take benefit from welfare, once the child become an immediate citizen. Half a million pregnant women enter the United States looking for handouts annually, for their children. Let your Senator or Congressman/Women know how you will vote, by giving your name to the politician’s aides and that you want them to sponsor E-Verify and the Birthright Citizenship bills. Citizen voters should phone Congress at the central Switchboard at 202-224-3121. FORCE YOUR CONGRESSMAN/WOMAN TO fulfill their obligation to the oath of office and stop pandering to the businesses that use cheap labor. Use the power of your VOTE to demand they sponsor these to policies or we are destined to become like Europe, overwhelmed by the poverty of other countries.

      SO NOW ITS IMPERATIVE THAT THE PEOPLE, MOVE WITH ALL THE EMPOWERMENT THAT OUR UNIQUE SOVEREIGNTY AND THE CONSTITUTION TO REMOVE ALL REPUBLICAN AND DEMOCRAT INCUMBENTS INCLUDING THOSE A STATE LEVEL WHO ARE NOT PROTECTING AMERICANS FROM THE ILLEGAL ALIEN INVASION. WITH STATE SOVEREIGNTY BEING STOLEN EACH DAY, THE STATES ARE BEING FORCED TO RELINQUISH THEIR POWER TO THE FEDERAL GOVERNMENT. HUNDREDS OF BILLIONS OF DOLLARS ARE BEING EXTORTED FROM ALL TAXPAYERS BY FEDERAL MANDATE TO MAKE LIFE EASIER FOR FOREIGN NATIONALS. IT IS TIME TO THINK OF OUR OWN PEOPLE AND CUT OUT FOREIGN AID, AND INSTEAD LOOK AFTER ARE OWN SICK, HOMELESS AND WOUNDED AND OUR JOBLESS WORKERS?

      Remember, we must restore America and not stop until every political parasite is voted out and sent home in disgrace. Obama will crush America, if he gets a majority of the Hispanic vote and our only chance for America to survive is the TEA PARTY. Legal Hispanics will vote for Obama, to insure he keeps the illegal relatives in the USA.

    5. SpinDoctor Lover says:

      This blog post presents the Supreme court's striking down of three of the four sections of Arizona law as a vindication of the spirit of that law. Wow! I would love to hire this spin doctor as the PR director of my company.

      • Buffalo Lips says:

        Spot on spin doctor … it was a nation-ending defeat of the Rule of Law.
        AZ Peace Officer (Ret.)

    6. Jeanne Stotler says:

      The liberal, bleeding heart press does not tell you about the people living in Arizona that live in fear of their lives do to illegals. They have broken into homes, raped women and terrorize the legal residents. I have friends in Arizona who are afraid to go outside alone and lock up their homes even when they are home fr fear that a group of illegals will rob them. Laws need to be inforced and if Holder/ Obama don'twant to do their jobs they should resign.

    7. cemal adli says:

      This refusel of the enforcing present law reminds me what the wealthy kids used to do to us poor kids.While playing soccer if they didn't like something' they picked up the ball and went home.Obama adm.is not like wealthy kids but they feel they are more powerful than anybody else including;Constituetion.,

    8. Carol, AZ says:

      …and took it away within eight hours of the announcement by suspending (287g) disallowing our Federal Agents from ICE,. to accept, and deport illegal's pouring over our border which is the legal due process.
      We'll be bleeding more bodies here soon, unless Judge Scalia will step in and execute the Supreme Court power for our Federal laws and over rule the mad Mohammad..
      Please email or voice mail his office and supportof AZ's law enforcers.

    9. Kenan Walker says:

      Impeachment time.

    10. Salvatore A Apicelli says:

      I was listening to a caller on the Rush Limbaugh show yesterday. He put forward an interesting argument. To paraphrase, he said that there is no such thing as an 'illegal' immigrant. He contended that the word immigrant by definition implies a legal status. He goes on to say therefore, that those crossing our border illegally must be characterized as part of an invasion force. Under that definition, the state, in this case Arizona, has the constitutional right to repel the invading force without approval or assistance from the federal government. If this is true then the federal governments case against Arizona protecting it's border has no basis. I would like to know what you think about this argument, especially from the Heritage Foundation.

    11. ken. says:

      the supreme court upheld the employer sanctions law so now we in az along with other states can bypass obama here in az we need to improve our employer sanctions law by cleaning up the loopholes changing the law from only new hires to all employees making manditory loss of business license and huge fines and/or prison time for not checking all workers legal status all checks must be filed with the state as proof of compliance and crack down on all businesses operating without a business license by setting up an hotline to report infractions and use sting operations if needed to track down those who live in the shadows to avoid being found we also need to make sure that all licenses given through the state are checked also i heard that proof of citizenship is not required to register a car please everyone pass this on to your local members of congress and governors and encourage others to do the same. i have already sent an email to governor jan brewer unfortunate for me my local rep is a dem so that would be a waste of time

    12. Fiesty says:

      I can just imagine the arm twisting that went on in Chambers by Sotomayor and Kagan, the two s..ts that obama put in there to cover his sorry A..s!!

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