The nation's high court on Monday cleared the way for Arizona to force state and local police to check the immigration status of those they have stopped.
Without dissent, the U.S. Supreme Court said there is nothing inherently wrong with the requirement for police to make such an effort when there is reason to believe a person is in this country illegally. Justice Anthony Kennedy, writing for the court, said there was no reason to believe, at least at this point, that provision of SB 1070 would be enforced in a way to violate the rights of individuals.
And the justices specifically rejected arguments by the Obama administration, which sued the state in 2010, that such a mandate illegally infringes on the exclusive right of the federal government to regulate immigration.
But the justices fired a warning shot across the bow of police agencies in Arizona, saying if there is evidence that people are being unfairly stopped or detained for long periods of time they would take another look at the law -- and potentially preclude the state from enforcing it.
“We know the critics will be watching and waiting, hoping for another opportunity to continue their legal assault against our state,” Gov. Jan Brewer, who signed the legislation two years ago, said at a press conference following Monday's ruling.
The governor said, though, she is not concerned, saying she has “faith in law enforcement.” And Brewer pointed out that that after SB 1070 was approved in 2010 she directed the Arizona Peace Officer Standards and Training Board to come up with materials “to ensure our officers are prepared to enforce this law efficiently, effectively and in a matter consistent with the Constitution.” Those materials were updated earlier this month in anticipation of today's ruling.
“Civil rights will be protected,” she said. “Racial profiling will not be tolerated.”
A bigger question, though, will be whether the lone surviving provision from the lawsuit will mean anything when it is finally implemented.
Senior officials at the Department of Homeland Security said Monday the agency will not alter its policy of focusing enforcement on criminals and repeat offenders -- and of refusing to respond to calls by local police about illegal immigrants who do not meet those standards. And it does not undermine the president's decision to refuse to pursue those who came here as children and have been here at least five years.
In fact, ICE on Monday summarily revoked agreements it has had with several law enforcement agencies around the state, including the Department of Public Safety, which had given their specially trained officers authority to enforce immigration laws by themselves.
A senior official for the Department of Homeland Security said there were “a variety of reasons” for that decision. But the official, who would not allow his name to be used, acknowledged that at least part of that was Monday's ruling.
Monday's ruling also took away any chance that Arizona could prosecute, on its own, those who officers determine are in the country illegally.
In a split decision, the majority voided three other sections of SB 1070 which would have given state and local police the power to charge illegal immigrants with violating state laws for:
-- Seeking work in Arizona without being in this country legally;
-- Failing to carry federally issued registration cards;
-- Allowing warrantless arrests if there is “probable cause” a person committed an offense that makes them removable from the country under federal law.
The justices said all three provisions illegally conflict with federal law.
Brewer sidestepped questions about whether all that makes the surviving section from the lawsuit meaningless, as officers would be required to simply release those they have stopped regardless of their immigration status.
“I believe we have accomplished a lot,” she responded. “We will be instructing law enforcement to begin practicing what the United States Supreme Court has upheld.”
But former Senate President Russell Pearce, who crafted the original law, said the split decision, coupled with ICE priorities, mean legal limits remain on what police can do.
“This is a challenge,” he said. “They will take some, they may not take all,” Pearce said of ICE officials notified of people not in this country legally.
And Rep. John Kavanagh, R-Fountain Hills, recognized the importance of those three sections being voided.
“It's unfortunate that we lose those provisions,” he said, saying they would have allowed the state to pursue illegal immigrants even in the face of lack of federal interest. Kavanagh said that is why the country needs a president who will enforce the law.
Victor Viramontes, senior counsel for the Mexican American Legal Defense and Educational Fund, said other hurdles remain for Arizona.
He pointed out that the court said it would allow police to detain those they suspect of being here illegally. But the justices said that permission may have to be revisited if it turns out that police are abusing the power and detaining people longer than necessary.
Kennedy said, though, there are ways to enforce the law without violating individual rights.
As an example, he used a situation where someone in Tucson is stopped for jaywalking and police have reason to believe the person not in this country legally. Kennedy said it will be up to Arizona judges to determine how long that person can be held while that inquiry is made.
“The state courts may conclude that, unless the person continues to be suspected of some crime for which he may be detained by state officers, it would not be reasonable to prolong the stop for the immigration inquiry,” Kennedy wrote.
He said that, absent some showing of actual abuse, any move to void the law is premature at best.
“There is a basic uncertainty about what the law means and how it will be enforced,” Kennedy wrote. “At this stage, without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume (the section) will be construed in a way that creates a conflict with federal law.”
In her response to the ruling, the governor said Arizona did not “seek the task of having to confront illegal immigration -- or pick the legal fight with the Obama administration which sued after SB 1070 was enacted.
“We cannot forget that we are here today because the federal government has failed the American people regarding immigration policy, has failed to protect its citizens, has failed to preserve the rule of law and has failed to secure our borders,” she said.
Kennedy acknowledged that responsibility, saying there needs to be “searching, thoughtful, rational civic discourse” on accomplishing that.
“Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues,” he wrote. “But the state may not pursue policies that undermine federal law.”
How quickly police can begin enforcing what foes of the law called the “papers please” provision is unclear.
In issuing the ruling, the high court sent the case back to U.S. District Court Judge Susan Bolton who issued the original injunction just days before SB 1070 was set to take effect. That process could take weeks.
While the decision to let Arizona enforce the part of the law about questioning those they stopped was unanimous, that was not the case in voiding the other three provisions.
In his dissent, Justice Antonin Scalia said he sees no conflict between federal immigration laws and the rest of what is in SB 1070.
“The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively,” he wrote. “If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State.”
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Jesus Christo de Nogales posted at 9:23 am on Thu, Jul 5, 2012.
Obama is a true racist. Why does the US President hate the advancement of the standard of living for Mexico’s poor? Barrack Hussein Obama; how dare you deprive Mexico its young educated and motivated people? These illegal aliens now in the US are the only hope for Mexico and you want to keep them here in the US. They could start businesses, create jobs, and improve the standard of living for the poor people of Mexico. Yet you want to be selfish and deprive Mexico of these talented youth who could make life better for all the people of Mexico. SHAME ON YOU! Have you no compassion for the poor now living in Mexico? Gustavo Arellano, Steve Gallardo, Nicky Diaz Santillan, and La Raza need to insist that all these young educated and talented Mexicans be sent back to Mexico to help improve the standard of living for the poor Mexicans. Are you with us for the good of Mexico and its people?
Engaged Voter posted at 3:52 pm on Fri, Jun 29, 2012.
"Most cops have no time to wait on ICE and release illegals anyway, unless they have been arrested for a real crime. I've been doing it this way for over 25 years"
hillstreet, you are no cop - you are a thug with a gun and a badge.
Human smuggling IS a real crime, and SHAME on any so-called "law enforcement officer" who pretends otherwise.
REAL law enforcement officers enforce ALL the laws. Ignorant thugs pick and choose which laws to enforce and which laws to ignore.
Thanks for letting us know which category you fall in to.
mikea12012 posted at 10:48 pm on Tue, Jun 26, 2012.
Let's just sell it all back to Mexico at current market prices including the price of infrastructure, the drug cartels that control mexico could afford it out of petty cash.
mikea12012 posted at 10:46 pm on Tue, Jun 26, 2012.
Remember the Alamo !
TeaPartyPatriot posted at 8:11 am on Tue, Jun 26, 2012.
The U.S. Supreme Court has upheld a crucial portion of Arizona’s SB 1070 that requires police to check a person’s immigration status while enforcing other laws if “reasonable suspicion” exists that the person is in the United States illegally.
The Court struck down provisions of the law that would have made it a state crime for illegal aliens to apply for a job and would have made it a misdemeanor for immigrants to fail to carry identification. For decades, federal law has required aliens to carry documentation showing their legal status.
“What is most noteworthy is that states now have an additional tool to fight the problems of illegal immigration, a tool they did not have prior to the Arizona law,” said Marilyn DeYoung, Chairman of the Board of Californians for Population Stabilization.
“This, coupled with the Supreme Court’s previous ruling upholding the ability of the states to institute mandatory E-Verify and see that jobs go to legal workers, means that states can do much to overcome the abysmal failure of the federal government to enforce our nation’s immigration laws.”
k33j88 posted at 8:02 am on Tue, Jun 26, 2012.
Isn't it still a felony to aid and abet an illegal according to federal statutes? Isn't it a crime to violate our immigration laws? Why is the president subverting the rule of law by giving "anchor babies" a free pass? Aren't we a nation of laws, or is the marxist-in-chief picking and choosing which shall be enforced. What ever happened to the "checks and balances" put into place by our founding fathers. Is executive privilege/order and presidential decrees now the norm? Tyranny is alive and well.
Accuracy posted at 7:47 am on Tue, Jun 26, 2012.
Unconstitutional and Constitutional.
The Supreme Court ruling on Arizona's immigration law does nothing to address America's broken immigration system.
The justices struck down three provisions (as Unconstitutional) of the Arizona ratified Senate bill 1070 . . . But the ruling specifically weighed Arizona's law and upheld the "show me your papers" provision (as Constitutional), which requires law enforcement to check the status of someone they suspect is in the country illegally.
Ultimately, the court's decision and ruling shows that immigration reform is badly needed and that it certainly won't happen until after the November election. And it ultimately puts the debate squarely back on Congress in Washington D.C. to once and for all come up with a solution.
Masterrogue666 posted at 6:33 am on Tue, Jun 26, 2012.
@Bingo6: I believe you were the first to mention race. IMHO, that makes YOU the racist.
Masterrogue666 posted at 6:32 am on Tue, Jun 26, 2012.
@Pancho: It will never happen! Your "people" will get too use to America's way of life. Why would they want it to be like Mexico, with Cartels being the real power? Is that what you really want?
We'd just have to go to war with Mexico once again. WIN once again, and this time keep Mexico as a buffer zone under military rule. That's about the only way I see getting rid of the cartels there. Mexico is too corrupt.
Rational Human posted at 10:07 pm on Mon, Jun 25, 2012.
Chris is so happy he's calling everyone dear. Now that is sad.
Rational Human posted at 10:06 pm on Mon, Jun 25, 2012.
Chris, after explaining how our constitution works, how can you not see that the executive branch is thumbing their nose at the people who enacted the current laws on immigration? We voted these people into office to enact the laws we wanted. We elected a president who swore to uphold the constitution and enforce it's laws. He not only refuses to honor his oath, but has circumvented the elected legislature in a power play to secure the Hispanic vote. Is that not the same as wiping your rear end on the constitution? How on earth could these so called SB1070 folk do anything to the constitution? We are powerless in the face of an invasion that our own federal government has chosen not to defend. Now the Supreme Court says yes they have the power to sit on their hands and no the states can't do the job congress and we the people want done.
In any case, the part they allowed is significant. Now we will be able to apprehend and fully document a people who have been very good at hiding themselves from view. If they are determined to be here illegally we now have the right to detain them until their status can be determined. ICE will now refuse to have anything to do with AZ police concerning these invaders, but now we will be able to fully document them. Fingerprints and photos. Soon, if we can overthrow this socialist regime and take back congress, things will change, and we will know who they are. That will make it a lot easier when the deportations begin in earnest.
Masterrogue666 posted at 9:50 pm on Mon, Jun 25, 2012.
Cerulean: That law should be enforced as well. No one law will take care of flood of ILLEGAL IMMIGRANTS that started with the first (and was suppose to be ONLY TIME) amnesty was given. As I predicted then, all it did was open the flood gates.
I doubt anyone here has a problem with LEGAL IMMIGRATION. However, if you think that all ILLEGAL IMMIGRANTS only break ONE LAW, then you are blinding yourself to the truth that MANY LAWS are broken. Who pays for it? The US Citizen. Nothing changes the fact that they are CRIMINALS. The majority of US Citizens are against any kind of amnesty. I'd be surprised if Obama gets elected again. However, Americans can be stupid. They elected Clinton twice....
Cerulean posted at 7:57 pm on Mon, Jun 25, 2012.
Dale, my friend [smile]
I understand your point. My irritation stirs more from the fact that employers are the ones who encourage migrants, while they are never held accountable. They have too much power. Meanwhile, the ridiculous name calling from one group to another continue with nothing really being resolved one way or the other.
mesaparent posted at 7:31 pm on Mon, Jun 25, 2012.
CSalafia--the issue had to do with empowering, or at least supporting, the playground aide. Not hiring more aides.
And if spending more money or expelling more kids isn't seen as supporting or empowering the playground aide by those out on the playground who chose to misbehave, then the aide cannot maintain order or safety.
The kids, and the illegals, know who has the power and authority and who doesn't.
When illegals are standing on the steps of the state capitol, proudly and defiantly declaring that they are illegal, challenging authority, the situation is out of control.
Rational Human posted at 6:26 pm on Mon, Jun 25, 2012.
And now the feds can continue wiping their rear ends on the constitution and throwing dirt in the face of all American citizens, and you people cheer for this? We elected representatives to the legislative branch who enact the laws. The executive branch is sworn to uphold these laws. They choose to ignore their sworn duty. The judicial branch interprets these laws. They choose to ignore the will of the people. Who do you suppose is really running this country now? You? Not likely. Even though the Supreme Court handed the Obama administration a political loss by upholding Section 2(B), the most controversial provision of Arizona’s law, it is still a sad day for all America. Well we are a step closer to taking back America, and you can be sure the fight will go on until the last man is standing. At least now America has the right to question whether or not a detained individual is in our country legally. The feds wont do their job and the states aren't allowed to do it for them? How is that logical?
mesaparent posted at 6:15 pm on Mon, Jun 25, 2012.
Let's consider a simple analogy involving misbehaving children on a school playground.
There are children not following the playground rules. The playground aide (the governor of Arizona) is attempting to maintain order and safety on the playground (in the state of Arizona). The playground aide reports this violation of playground rules to the classroom teacher (the President) who ignores the problems the aid has reported. This clearly sends a very LOUD message to those who choose to break the rules.
Ask your five year olds, or your teenagers, how well this goes over on the playground.....
Accuracy posted at 3:33 pm on Mon, Jun 25, 2012.
Christian Salafia obviously knows how it feels to be an “Open Border” enthusiast. He and Dale Whiting feel that illegal aliens deserve “their fair share of America” based solely on their (illegal by Federal law) presence in the Unites States.
The Supreme Court upheld a key part of Arizona’s tough anti-illegal immigration law . . . The part of the Arizona SB 1070 law – which never went into effect because of court challenges – that allows police officers to ask about immigration status during stops.
“Open Border” advocates do not want this part of the law upheld.
Butters posted at 3:17 pm on Mon, Jun 25, 2012.
Salfia, let me answer that one for you. This coming January, Obummer, Nappy and that criminal racist by the name of Eric Holder will all be gone. Sheriff Joe's enforcment program will be back in full swing, only this time around, We, the people, the US Citizens, will have conservative control of not only the US House, but the US Senate as well.
How's that hope and change working for ya, Salafia? After all, the private sector is doing just fine according to your master.
Brittanicus posted at 2:50 pm on Mon, Jun 25, 2012.
PROTECT 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.
“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 SOVEREGN 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
Dale Whiting posted at 2:30 pm on Mon, Jun 25, 2012.
Yes, I know that "but" is really spelled " b u t t." But that sets off the profanity alarms.
Dale Whiting posted at 2:29 pm on Mon, Jun 25, 2012.
Cerulean, my friend,
The others cannot explain what this means because they don't have the foggiest notion of what it means. They will have to listen to other nuts explaining what they think it means. So I'll take a few minutes and explain it to you.
"Pre-emption" is the legal theory used to challenge the heart of this bill on three of the four measures challenged. "Profiling" is the other theory and it applied to ordering cops to check the immigration status of those who looked like they might be illegal.
Pre-emption means that immigration law is the sole and exclusive business of the Feds. The states cannot but in uninvited. Sheriff Joe once was invited. Then he started profiling so his invite got withdrawn.
Profiling is the technique where if someone looks suspecious, they get stopped and questioned. Their appearance meets some vague profile of criminals. Here a legal four generations hispanic could get stopped because he looks like an illegal alien looks. That's illegal.
Now the Supremes refused to make that portion of the law which requires cops to check immigration status of those whom they stop for other reasons on the rational that this would lead to unlawful profiling. Rather they said, "Let's see what happens. If we see profiling, they Judge Bolton [the Phoenix Federal Judge in this case] can step in and enter another injunction. Then we will take a second look and see if we agree."
So SB1070 has had three of the four measures that were challenged ruled unconstitutional and the fourth put on probation. And Brewer the the other Neocon cooks on this site don't yet realize it.
Nice to hear from you again.
CSalafia posted at 2:14 pm on Mon, Jun 25, 2012.
Dear Butters,
Article 1, Section 8, Clause 4 grants the Federal Government exclusive jurisdiction over immigration.
And now the 287(g) program has been suspended indefinitely, so now Joe has no authority to conduct his immigration raids.
How's it feel to be on the wrong side of the Constitution?
Marcus Gallio posted at 2:10 pm on Mon, Jun 25, 2012.
I WANT OUR LAW ENFORCEMENT OFFICERS TO CHECK U.S. District Court Judge Susan Bolton and Pima County Sheriff Chester Dumb-Chuk, every day, twice a day, coming and going to their job.
"Papers Pleez, now get out of the car, full cavity search .... spread 'em .... wider .... WIDER !!!"
And we can really start rounding up these illegals, once and for all, hope the cops give a lot of "street tune-ups" so they get the flippin message that this ain't their home. GO HOME, ILLEGALS, GO HOME.
Butters posted at 1:24 pm on Mon, Jun 25, 2012.
So if I understand Jesus Christo de Nogales correctly, he sounds like he wants Mexico to take more responsibility for their own country and citizens, instead of shoving their problems on us. Even if Jesus was being satrical, his approach is a great idea and one that is long overdue.
Cerulean posted at 1:23 pm on Mon, Jun 25, 2012.
OK Masterrougue, you did not answer my question. The Reform and Control Act of 1986 (passed by a Republican controlled Senate and Presidency) puts the onus on the employer as legally responsible to hire legally documented workers. So, immigrants who cross the border commit a misdemeanor offense. What is the penalty for the employer? None of these laws mean anything because no one can or will enforce them. They are merely punitive while SB1070 has cost we tax payers millions more than it was worth. That is stupid!
VofReason posted at 1:15 pm on Mon, Jun 25, 2012.
I think everyone who visits here should take another read of Jesus Christo de Nogales above. He nailed it. I think that most Mexicans would rather have their country turn into a flourishing economy and live there. Our federal Government not enforcing it's borders or laws prolongs the degeneration of Mexico. If they could not go somewhere else, they would probably topple the corrupt Government and start anew.
Mike McClellan posted at 1:12 pm on Mon, Jun 25, 2012.
1. Despite what Brewer said today about SB 1070 being a reaction to poor border security, everyone knows that SB 1070 has nothing to do with securing the border. It did nothing in that arena.
2. Mitt Romney said that SB 107 was a "model for other states." I guess that gives us a peek into a Romney presidency, which apparently would leave unchallenged what a majority of the Supreme Court felt was clearly unconstitutional provisions within the law.
3. The one provision upheld only is currently constitutional; that is, there is no case to judge is constitutionality. Which means, soon enough we'll have more lawsuits and that provision will again reach its way into federal courts.
4. Russell Pearce, Brewer, Kavanagh are all spinning like crazy that this is somehow a victory. Just like Pear Harbor was for us because not all ships were sunk.
5. Watching the Republican press conference this morning on TV, I was hoping some reporter would ask Maricopa State Senator Steve Smith how his border fence was coming. Last time anyone checked, he hadn't built a foot of it and hadn't taken in enough money to build even a quarter mile of a fence. I suggest he build it anyhow and then have Brewer's New Militia patrol it. Maybe build it in Pinal County, maybe around the sheriff's office there . . .
Butters posted at 1:01 pm on Mon, Jun 25, 2012.
Masterrogue666 wrote:"Is it Arizona's fault that the majority of them are Hispanic in nature?"
It certainly isn't. It doesn't matter what the ethnic background of the illegal aliens is. It's organizations like "The Race" la Raza, that are playing the race card and also doing serious reverse discrimination damage against US Citizens. It's high time we put a stop to it and enforce our immigration laws.
For those treehugging socialist progressive demodopes out there who don't like my poltically incorrect rhetoric, too bad. Political Correctness is a fad that many US Citizens are growing tired of.
Masterrogue666 posted at 12:16 pm on Mon, Jun 25, 2012.
Cerulean: Those persons you are referring to are not "migrants". They are INVADING FOREIGN NATIONALS. Not all of them: 1. Move from place to place 2. Not all do "seasonal" work.
They are, however, here ILLEGALLY. That's why the term ILLEGAL ALIEN will always be more accurate than any euphemistic term you supporters use to obscure their crimes.
I enjoyed reading:
"The nation's high court ruled this morning that Arizona can require state and local police to check the immigration status of those they have stopped."
and
"The majority said U.S. District Judge Susan Bolton should not have enjoined the law until state courts had an opportunity to review it and see how it would be implemented."
and
"In fact, Kennedy suggested the Obama administration brought the challenge to that section far too early, even before the law took effect."
So, it seems Obama jumped before looking, AGAIN! Let the State system do its job. I'm still awestruck by the fact that people forget we are talking about CRIMINALS. Is it Arizona's fault that the majority of them are Hispanic in nature?
Jesus Christo de Nogales posted at 11:34 am on Mon, Jun 25, 2012.
Obama is a true racist. Why does the US President hate the advancement of the standard of living for Mexico’s poor? Barrack Hussein Obama; how dare you deprive Mexico its young educated and motivated people? These illegal aliens now in the US are the only hope for Mexico and you want to keep them here in the US. They could start businesses, create jobs, and improve the standard of living for the poor people of Mexico. Yet you want to be selfish and deprive Mexico of these talented youth who could make life better for all the people of Mexico. SHAME ON YOU! Have you no compassion for the poor now living in Mexico? Gustavo Arellano, Steve Gallardo, Nicky Diaz Santillan, and La Raza need to insist that all these young educated and talented Mexicans be sent back to Mexico to help improve the standard of living for the poor Mexicans.
Butters posted at 10:51 am on Mon, Jun 25, 2012.
Salafia, I think it is you and the joke in the White House, who don't know or understand what is written in the US Constitution.Sad that you can't come up with a good reply to what I previously stated. So typical of "The Race" la Raza supporters.
Less than 72 hours and counting until that Obamination of a health care law is dealt with by SCOTUS.
chuckles3 posted at 10:46 am on Mon, Jun 25, 2012.
Hmm, interesting. I went back and read the law so I could comment intelligently. . It was really just a challenge to the Feds total lack of enforcement by trying to get local law enforcement more engaged. The Provisions struck down seemed like an overreach to the Court. The Main one stays though.
Are most illegals in this State Hispanic? Yes. Would the law result in a disproportionate number of Hispanics being the ones arrested? Yes. Apparently the Supremes are OK with this as long as AZ provides strict guidelines.
Will these guidelines be challenged in Court by many. many pro-immigrant groups as soon as someone not white is arrested? Of course. So the story is far from over.
This is really about selective enforcement of the Law and enough of an outcry from the the voters that AZ did something about it. I don't see this as a huge decision, either way.
CSalafia posted at 10:23 am on Mon, Jun 25, 2012.
The more I hear from the crowd who screams "follow the Constitution", the more it's obvious they really don't know what's in it.
Butters posted at 9:49 am on Mon, Jun 25, 2012.
Can any of you Treehugging Socialist Progressive Ilegal Alien Loving Constitutional Stompers, tell me why it's okay to discriminate against other ethnic origins in this country, but not against those with a hispanic background? Seriously, when's the last time you dialed a federal or state office, and the menu prompted you to push 1 for Italian, 2 for German, 3 for Polish, 4 for Russian, 5 for Farsi, 6 for French...well, you get the idea. Because of people like you, our government is catering to ONE particular ethnic group, while disciminating against many others. So tell me, is that equal and impartial treatment to all?
I still have yet to hear from anyone who can give me a valid reason as to why immigrants who came to this country legally from around the world, don't get the same special treatment that many hispanic illegal aliens who sneak across our borders do. This is the WORST form of discrimination anyone has ever seen. I did not serve my country, including taking an oath to protect my country from all enemies, foreign AND domestic, so my own government can TROMP on the rights of my fellow US Citizens, while catering to a particualar ethnic group of people, regardless of what country they come here ilegally from.
Perhaps it might be different and you wouldn't see a need to pass laws like SB-1070, if our Federal Govrenment did their job of enforcing our borders and keeping out the illegal invaders. Many other countries send illegal invaders to PRISON, then deport them. Some are even accused and tried as spies, all because they did not respect that country's laws just by crossing their borders illegally. Good deterrent. About time we started permanently rotating our regular military units stationed in the USA, for border duty, and without tying thier hands behind their backs. That's exactly what many countries around the world do, they use their own military to partrol and protect THEIR own borders.
Cerulean posted at 9:48 am on Mon, Jun 25, 2012.
“But the justices did conclude that other provisions of the 2010 law are preempted by federal statutes, including making it a state crime for those not in the country legally to seek employment.”
Can anyone tell me what this means? Does it mean that the state cannot enact laws that forbid migrants (persons who have crossed the border without papers) from working in Arizona? Does it mean that Joe Arpaio’s car wash sweeps are illegal?
Butters posted at 9:31 am on Mon, Jun 25, 2012.
Attention Treehugging Socialist Progressive Illegal Alien Lovers, YOU LOST. That's right, YOU LOST. The KEY PROVISION of SB-1070 has been UPHELD.
Dale Whiting, Judge Susan Bolton was REPRIMANDED by SCOTUS. That's what happens when you have judges on the bench who thumb their noses at our US Constitution and Bill of Rights, who instead try to legislate from the bench, which is exactly what she was trying to do. This ruling will hurt any chance she might have had at being appointed to an appeals court. Judges like her are one of the reasons why our appeals court system is so overloaded. She would fit right in with the so called judges over at Maricopa County Superior Court.
SCOTUS to Judge Susan Bolton: "The majority said U.S. District Judge Susan Bolton should not have enjoined the law until state courts had an opportunity to review it and see how it would be implemented."
Leon Ceniceros posted at 9:18 am on Mon, Jun 25, 2012.
P.S....WATCH THIS RULING ON APPREHENSION RIP APART THE PHOENIX, MESA, GLENDALE, TEMPE, GILBERT POLICE DEPARTMENTS BETWEEN THE "ILLEGAL ALIEN LOVERS" AND THE COPS WHO DON'T "CHERRY PICK" THE LAWS THAT THEY ENFORCE. ...YOU KNOW...THE "REAL" LAW ENFORCEMENT OFFICERS THAT THANKFULLY WE STILL HAVE HERE IN ARIZONA.
Leon Ceniceros posted at 9:13 am on Mon, Jun 25, 2012.
NOW PIMA COUNTY SHERIFF DUMB-CHUK AND ALL THE OTHER "ILLEGAL ALIEN LOVERS" WILL HAVE TO START ENFORCING..."ARIZONA LAW".
THE SUPREME COURT HAS ALLOWED THE ...."SHERIFF JOE PROVISION"....TO GO FORWARD. ALL THOSE TRUCKS WITH THE CAMPER SHELLS AND VANS THAT ARE LOADED TO THE GILLS WITH ILLEGAL ALIENS BETTER MAKE SURE THAT EVERY TAIL LIGHT, EVERY HEAD LIGHT WORKS, THAT THE TIRES ARE ALL INFLATED PERFECTLY, THAT THE LICENSE PLATE IS CLEARLY VISIBLE (DUSTED DAILY.....LOL) AND THAT THE DRIVER IS EQUI-DISTANT FROM THE RIGHT AND LEFT PAINTED TRAFFIC LANES BECAUSE THE PINAL AND MARICOPA COUNTY DEPUTIES WILL BE GIVING AN ...."EAGLE EYE"....TO ANY VEHICLE OR DRIVER THAT LOOKS EVEN THE TINIEST BIT SUSPECIOUS............................COYOTES, BE AFRAID....BE VERY AFRAID................[wink][wink][wink]
abimopectore posted at 8:49 am on Mon, Jun 25, 2012.
For all those clamoring that SB1070 was going to be upheld, let's hear now the excuses. For months I heard folks stating it was going to be upheld with silly illogical arguments. This law was silly from the beginning and everyone who has ever been involved in the legal application of laws of this type knew that it was going nowhere, not even the provision that was upheld just like hillstreet above has clearly noted. Let police do their work as they have always done it and don't burden them with laws that are written solely for political points even when their underwriters clearly know that these laws are constitutionally-challenged if ever someone was to take them to court. More lawsuits are just waiting to happen with this only provision that was upheld and even the Supreme Court acknowledged this reality in their ruling.
Dale Whiting posted at 8:44 am on Mon, Jun 25, 2012.
Good Morning Arizona!
Hillstreet and IceCat are correct. But it appears that the newsies are spinning it otherwise. When one considers that the Court begins with the assumption that the law is constitutional, placing the burden on the challenger to show otherwise, this challenge was not lost. We do have a provision or two that were thrown out. And the "as applied" ruling merely says that the police will have to watch what they are doing. Thought not gutted, SB1070 has been placed "on probation" by the Supremes and Judge Bolton has been told to keep a close eye on enforcement. The Supremes merely gave Arizona the benefit of the doubt.
soricobob posted at 8:42 am on Mon, Jun 25, 2012.
No need to quibble over who won on this: Feds 3, AZ 1. Once again, I thought Justice Thomas was quite astute, when he wrote: "I agree with them".
IceCat posted at 8:20 am on Mon, Jun 25, 2012.
Nothing has change. [wink] Brewer and Russell Pearce lost big time on this, although I see the Gov is trying to spin this as a victory.
This quote from the ruling will get some people fired up: As a general rule, it is not a crime for a removable alien to remain present in the United States.
hillstreet posted at 8:05 am on Mon, Jun 25, 2012.
"The nation's high court ruled this morning that Arizona can require state and local police to check the immigration status of those they have stopped."
We cops have been doing this for years, so what changed? Lots of money and time was wasted just to get right back to the fact cops can turn illegals to ICE if they feel like it , and the ultimate decision is, as it always has been, left to the street cops' discretion.
Most cops have no time to wait on ICE and release illegals anyway, unless they have been arrested for a real crime. I've been doing it this way for over 25 years and SCOTUS did not change a thing. Big deal.
Now we get to watch the morons on both sides claim victory all day.