The U.S. Supreme Court rendered a 5-3 decision, to strike down key parts of an Arizona law, that discouraged illegal immigration.
Known as Support Our Law Enforcement and Safe Neighborhoods Act, or SB1070. The bill was signed into law by Arizona Governor Jan Brewer, on April 23 2012.
The passing of the immigration law; caused the U.S. Supreme Court to file a suit against the state of Arizona; because the law sought to trump federal law.
Other states including Georgia, Alabama, Utah, Indiana, and South Carolina followed Arizona, by passing similar laws. The U.S. Supreme Court is now bringing those states into question.
The U.S. Supreme Court, states that the federal government, has significant power to regulate immigration, and states may not pursue policies that undermine federal law.
The parts of the law that were struck down includes the following:
– Authorizing police to arrest immigrants without warrant where “probable cause” exists that they committed any public offense making them removable from the country.
– Making it a state crime for “unauthorized immigrants” to fail to carry registration papers and other government identification.
– Forbidding those not authorized for employment in the United States to apply, solicit or perform work. That would include immigrants standing in a parking lot who “gesture or nod” their willingness to be employed.
The U.S. Supreme Courts decision that seems to be unclear, is a provision that lets police check a person’s immigration status while enforcing other laws if “reasonable suspicion” exists that the person is in the United States illegally.
This part appears to be tricky, because it still allows law enforcement to question someone’s immigration status, based on law enforcement duties.
This seems to open the door to confusion, and continued practices to discourage illegal immigrants, by both law enforcement and local governments.