Skip to content

Federal Government Secures Major Win In Arizona Immigration Case

June 25, 2012

On April 29, 2010 I wrote the following.

Under our constitution, Article One clearly makes citizenship and naturalization a congressional matter. There is no debate about this matter. NONE. Furthermore there is no ambiguity in the placement of matters of citizenship and immigration policy in Article One making this a federal matter. There just is no room to argue the matter. In addition, the federal nature of immigration matters is dealt with in the Fourteenth Amendment, which means that no state can retract privileges and immunities, or rights that are dealt with under the federal government. The Fourteenth Amendment federalizes these matters, and again there is no argument to be made by the other side.

It was one of many posts on this blog that railed against the Arizona immigration law.  Today the Supreme Court ruled on the law, and came down, for the most part, on the side of sanity.  It knocked down most of the horrible law passed by racist elements of the Arizona legislature, and then signed by severely deranged Governor Jan Brewer.

Sadly, one portion of the law was left standing, but as noted by the court it can be reviewed.  That provision dealt with police checking a person’s immigration status while enforcing other laws if “reasonable suspicion” exists that the person is in the United States illegally.  Latinos’ civil rights are still under attack with this provision, and will be challenged in further court cases.

The reason it will be challenged is based on the argument the court was not considering in this case, and that is the law discriminates on the basis of race and ethnic background.  Clearly it does, and so this matter will be driven to the court again, and will be placed in the context needed to secure a judical victory.

The U.S. Supreme Court ruled largely in favor of the federal government Monday in a case involving Arizona’s immigration law, but it upheld the most controversial provision involving police checks on people’s immigration status while enforcing other laws.

In a decision sure to ripple across the political landscape in a presidential election year, the court’s 5-3 ruling struck down key parts of the Arizona law.

“The national government has significant power to regulate immigration,” Justice Anthony Kennedy wrote in the majority opinion, adding that “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermined federal law.”

Comments are closed.

%d bloggers like this: