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Key Provision of Arizona Immigration Law Stands

The Supreme Court today upheld the most controversial provision of SB 1070, the Arizona immigration law, allowing police to continue to check the immigration status of people they stop, detain, or arrest.

Most other portions of the Arizona law were invalidated, though, and the Court said that further challenges may occur to the “show your papers” provision that was not overturned. It appears the Court may in the future review objections to the provision that claim it allows racial profiling.

The White House may well decide to grab the issue and use it as another carrot for Hispanics to get to the polls for President Obama, who would argue he needs to be in office to help prevent such laws.

Obama offered up another carrot last week when he said the administration would stop deporting illegal immigrants who came here as children. The move is a “temporary” measure, a clear signal to Latinos that its best chance of remaining in force is to vote for Obama.

Among the portions of the Arizona law that were struck down today was a requirement that immigrants have their registration documents with them at all times.

Dissenting justices, led by Antonin Scalia, argued that the entire law should have been maintained.

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31 Responses to Key Provision of Arizona Immigration Law Stands

  1. Happy that they upheld the police’s ability to assertion someone’s status. Otherwise you are limiting an officers ability to perform his/her job duties…

  2. A couple of thoughts. . .

    Is anyone else surprised that this decision was unanimous?

    Also, how is AZ going to implement this–they might be allowed to require documents (when being questioned for other offenses) but ICE won’t do anything about it because of BHO’s recent edict?

    Why are either party working so hard to court the Hispanic vote–thought we just read an article that states that Asians are the most numerous immigrants coming to our country? Is it because Asian immigrants (by and large) are more educated; self sufficient and don’t require govt assistance like other immigrant groups? We get that Dems tend to cater to folks who are willing to go along with their “nanny state” ideology, but what’s up with the GOP?

    P.S. How do you think the “lamestream” spinmeisters are going to report this decision?

    • Just an FYI (so as not to conflict with Keith’s article):

      Justice Kennedy wrote the opinion for the court that was unanimous on allowing the status check to go forward. The court was divided on striking down the other portions.

  3. Scalia’s dissent was telling with regard to how the conservative wing of the Court is beginning to view this administration. His direct comments regarding the Executive Order issued by Obama regarding the deportation of illegals under the age of 30, seemed to me, to show a disgust for what this president is attempting to do via fiat.

    Quoting from Scalia’s dissent:

    Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws?
    A good way of answering that question is to ask: Would the States conceivably have entered into the Union if theConstitution itself contained the Court’s holding? Today’s judgment surely fails that test. At the Constitutional Convention of 1787, the delegates contended with “the jealousy of the states with regard to their sovereignty.” 1Records of the Federal Convention 19 (M. Farrand ed.1911) (statement of Edmund Randolph). Through ratification of the fundamental charter that the Convention produced, the States ceded much of their sovereignty to the Federal Government. But much of it remained jealously guarded—as reflected in the innumerable proposals that never left Independence Hall. Now, imagine a provision—perhaps inserted right after Art. I, §8, cl. 4, the Naturalization Clause—which included among the enumerated powers of Congress “To establish Limitations upon Immigration that will be exclusive and that will be enforced only to the extent the President deems appropriate.” The delegates to the Grand Convention would have rushed to the exits.

    Scalia is correct in his view that this Union would never have come to fruition had Obama and his minions been a part of the Constitutional Convention. Rather than being the “United States” we would have had a continent of individual countries a la Europe, and no doubt would have been at war with each other for the past two hundred years.

    It will be interesting to see what the great legal mind of Scalia has to say on Thursday regarding Obamacare.

  4. This is a terrible loss for America and the rule of law concerning illegal aliens storming our borders. The President’s catering Latinos with an unlawful half-Dream act, and the federal government’s refusal to effictively seal our borders means that we will see an influx of foreign nationals who will have no fear of deportation. Mexican nationals are not the only ones caught at our borders; people from other nations enter the US illegally and now they are all given a free pass.

    This raises the question; do the Border Patrol agents have the right to detain a person walking in the desert or close to the border or even caught climbing over the border fence? Would “racial” profiling be protested by those who might be detained? If a person doesn’t need to carry their documentation papers, then they can all be set free.

    This ruling is a disaster and our country will be the worst for it.

    • I agree srdem. The frightening part of this is the fact that CJ Roberts joined the liberals in striking down three of four major provisions of the law. Sad day for America.

      • Is anyone else listening to Rush today–he mentioned that he was not surprised that CJ Roberts sided with the libs–what does Rush know that we don’t about Roberts???

        • Whole thing has me very worried about Thursday’s ruling…seems like every time Barry appears to be seriously on the ropes, things start to go his way in bunches.

          Fingers crossed.

  5. The underlying cause of why the USA has an Immigration problem is Mexico’s failure to make a society which makes it attractive for people to have a job and good opportunities to cause them not to want to leave. The Mexican Dream is to go to the USA and try to latch onto the American Dream. The debate should include what is Mexico doing or not doing to help her people. As it now stands Mexico is transferring her problems to the USA.

    • Mexicans want to go to America, steal money from the American economy, and send it back to Mexico.

      And have some anchor babies to get access to American social programs so as to provide meal money so more cash can be sent back to Mexico.

      They don’t want the American dream, they want the American money.

  6. 8 USC § 1304 – Forms for registration and fingerprinting.
    (e) Personal possession of registration or receipt card; penalties
    Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

    An Alien MUST BY PRESENT law carry their documents 24/7!

  7. We have a severe illegal immigration problem in this country–nationals beyond those from Mexico, including terrorists, who are crossing the borders that the federal government refuses to adequately secure in order to make our country safe. That said, with all this political focus on illegal immigrants to garner the ‘hispanic’ vote someone should stand up and address the issue of legal immigrants — those who are now either legal or citizens and those who have been waiting for years to do so. Those who came legally can vote and those who are still caught in the legal immigration process,a process which clearly needs attention and reform, need to be encouraged. How many good potential citizens are we losing with this outrageous rush to gather hispanic votes by rewarding those who break the law of the land?

    • Great points, grace. With their rush to garner voting support, the Administration have made the term “illegal Immigrant” synonymous with Hispanic. If that is not racial/ethnic profiling, I don’t know what is!

  8. For all intents and purposes, the USA has descended into a state of lawlessness. We have a self-proclaimed citizen of Kenya in the WH trashing the U.S. Constitution, a SCOTUS upholding his refusal to enact existing Federal immigration laws, and a DOJ that is actively advocating voter fraud by outlawing voter ID.

    The fact that AZ LE can still stop and detain suspected illegals means nothing. They must notify FED immigration authorities – an exercise in futility (at least until after Nov. 5!)

    The handwriting was on the wall last August when the Usurper-in-Chief ‘amnestized’ over 300,000 illegal alien detainees scheduled for deportation…and gave then work permits. Dick Durbin declared that amnesty for all illegal ‘youths’ would follow soon!

    http://standwitharizona.com/blog/2011/08/18/obama-amnesty-begins-halts-deportations-for-300000-illegal-aliens-offers-work-permits/

  9. From what I have read, 85% of illegal aliens are latino — the population that has introduced a second language into the mainstream of our nation — divided us into English and Spanish speakers — given us jobs that require a foreign language, Spanish — and appear to have no intention of assimiliating, learning our nation’s language, adopting our nation’s culture.

    Thank you, Supreme Court for helping these foreigners displace American culture with a politicized mishmash of foreigners united by a foreign language.

  10. Ironically, one of the chief requirements for U.S. citizenship is a working knowledge of the English language – both written and oral. Half of the border jumpers are illiterate even in their own language! I once had a guy apply for a job and he couldn’t even write his own name on the application. He signed it with an “X”!

    • You bring up a very valid point but we’d like to ask–does that requirement still apply in light of the fact that everything from voting ballots to signs in Walmart are now written in both English and Spanish? Any bets on whether or not they hand them a Spanish language form to fill out when applying for citizenship–do they do this for other ethnic groups–do Germans get a German language form; do Italians get an Italian language form; do Chinese, Korean, Indian, Polish, Russian et al get citizenship study/testing materials in their native language–probably not!

  11. GotFreedom, the reason we have bi-lingual ‘everything’ is to encourage and accommodate the millions of illegal Mexicans and Central Americans. In my lifetime as a native Californian I have yet to meet anyone from Mexico who came here legally. After the Reagan ‘amnesty’, the floodgates were opened. Fake documents are available everywhere and it only costs a few hundred dollars to get here these days. The days of the black and white ‘immigration buses’ patrolling neighborhoods are long gone. The deportation fears are gone. In fact, it is considered ‘legal’ to be ‘illegal’. We are now a bifurcated nation – no longer a melting pot.

  12. I just read some chatter-classer suggesting that racism is behind opposition to legalization of illegal aliens. The idea is that people don’t want them to become citizens because they aren’t white.

    I’d like to turn that idea on its head — if most illegal aliens were white and from, say, Canada, would there be the widespread swooning emotionalism over the importance of their legalization? I doubt it.

    • Illegal is illegal regardless of race.And by the way, it was the left who went out of the way to create a new race,the White Hispanic George Zimmerman. Race is the avenue to avoid the substance of any issue.

  13. Apparently following the Arizona decision the DHS withdrew its cooperation with Arizona deputies.So, they can ask for papers and that’s about it. I will bring myself up to speed, but increasingly it appears that either the President, the DOJ and DHS are frequently choosing which laws to enforce. My meter has gone from interested, to concerned, to possibly alarmed. No one, in my opinion, has done more to divide this country and make large segments of our population dependent on this government and cry victim more than Barack Obama.

  14. 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 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

  15. It would be nice to have a President, a Supreme Court, and a Congress who advocate, judge, and legislate as hard for legal American citizens as they do for illegals from anywhere who currently live in this country.

    • It would also be nice if they would all obey that oath of office each and every one of them swore to and “support and defend the Constitution of the United States against all enemies, foreign and domestic”. This is a rogue government. They have basically told Arizona screw you, we don’t care about the Americans living in your state. If we allow this to stand, Arizona won’t be the last state to suffer the wrath of this petty tyrant.