Skip to comments.Supreme Court Allows Immigration Checks
Posted on 06/25/2012 2:35:45 PM PDT by lbryce
The Supreme Court struck down much of Arizona's effort to crack down on illegal immigrants but left one key part intact in a ruling that gave both sides of the debate something to cheer.
In a 5-3 ruling, the court said Arizona in effect had tried to set up a parallel enforcement system that punished illegal immigrants more harshly and interfered with congressional authority over the nation's borders. The court rejected parts of the state law known as SB1070 that made it a crime for illegal immigrants to seek work and that authorized warrantless arrests of people suspected by state and local police of committing deportable offenses.
But the court upheld for now the law's directive that state and local police check the immigration status of people they stop when they suspect them of lacking authorization to be in the U.S. The justices observed that federal law already requires immigration officials to respond to status checks from local authorities.
The impact of the ruling was unclear Monday, as immigrants and advocates scrambled for answers from legal analysts and law enforcement. Most opponents of the law reacted with relief at the ruling, but some immigrant advocates said implementation of the law could still pose problems for immigrants.
"There's still going to be a lot of uncertainty until it's clear how police will approach this," said Joe Rubio, lead organizer for Arizona Interfaith Network-Industrial Areas Foundation, a network of community organizing groups. "The state is going to have to monitor this very carefully" to avoid racial profiling, he said.
The court left open the possibility that the surviving provision could be challenged depending on how it is applied. It acknowledged concerns that the provision could lead to abuses, such as prolonged detention of arrestees while their status was being checked.
(Excerpt) Read more at online.wsj.com ...
In a nutshell, the government told AZ to f off.
See CA prop 187.
But 0bambi decided he was suspending the enforcement of the laws he doesn't like, including this one.
Legislative? Judiciary? Limited Powers?
Banana Republic: It's your country, not a store!
The Federal Government is wholly unwilling to enforce the laws on the books. I suggest we stop pretending, and just call off the Border Patrol alltogether. Why put up the false appearance anyone in government gives a damned?
Everyone in the Border Patrol ought to quit. Their Commander In Chief has gutted their purpose and job.
It is black letter law that a State can have more restrictive laws than Federal Law.
That pesky 10th Amendment — who needs it?
“The state is going to have to monitor this very carefully” to avoid racial profiling, he said.’
Can’t have that now, can we?
Check EVERYONE and make sure anyone who complains understands that they must to ensure that there is no profiling per Holder and crew...
“The state is going to have to monitor this very carefully” to avoid racial profiling, he said.
Of course. Can’t have racial profiling can we? There needs to a good batch of 80 year old grandmothers in the mix. Can’t speak English? Not a problem, that would be racial profiling - who are we to tell anyone what language they should speak.
If anyone knows how racial profiling can be avoided please call Eric Holder immediately.
Gets even better.
In 1996 Clinton and Congress pass the Illegal Immigration Reform and Immigrant Responsibility Act which included Section 287(g). 287(g) allowed for local law enforcement to be trained and then deputized by ICE to make arrests of illegals based on an agreement signed by the locality and the feds.
And what does Obama do today? He announced that the agreements of 287(g) will no longer be honored.
Can 1324(a)(1)(A)(ii) "Any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law" be applied to a local police officer who conducts a traffic stop and finds a driver of a car (who may be an illegal) who has other people in the car as passengers (who are illegal) under the "transports" clause?
(a) Criminal penalties
(A) Any person who
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
In other words, could Arizona police officers (under the definition of "any person who" be held in violation of this law by not detaining someone they suspect to be in violation of the above clause?
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.
Does "all other officers whose duty it is to enforce criminal laws" refer to state and local police officers?
(3) Upon the request of the governor or chief executive officer of any State, the Service shall provide assistance to State courts in the identification of aliens unlawfully present in the United States pending criminal prosecution.
The governor has the power to request the federal government to assist in the determination of immigration status of detained suspects.
So, Federal law allows for Arizona police to detain suspected illegal aliens pending ICE review.
The Governor can request federal support in determining the status of detainees.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1226 (Apprehension and detention of aliens) says:
(d) Identification of criminal aliens(1) The Attorney General shall devise and implement a system—(A) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;(B) to designate and train officers and employees of the Service to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and(2) The record under paragraph (1)(C) shall be made available—(A) to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any alien who was previously ordered removed and is seeking to reenter the United States, and
The federal code requires that the Attorney General create a database of legal immigrants that local law enforcement can call upon for verification of suspected illegal immigrants. The local law enforcement would not access this database directly, but would go through a liaison within the Justice Department. The federal code says that the Justice Department is to make this system available on a 24-hour basis.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part V > § 1252c
§ 1252c. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens(a) In generalNotwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who—(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States.(b) CooperationThe Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) of this section is made available to such officials.
1252c specifically authorizes states to arrest and detain certain illegal aliens.
“The Obama administration said Monday it is suspending existing agreements with Arizona police over enforcement of federal immigration laws, and said it has issued a directive telling federal authorities to decline many of the calls reporting illegal immigrants that the Homeland Security Department may get from Arizona police.”
(this post) “But the court upheld for now the law’s directive that state and local police check the immigration status of people they stop when they suspect them of lacking authorization to be in the U.S. ***The justices observed that federal law already requires immigration officials to respond to status checks from local authorities.***
The position in the thread below cited above is typical for this administration.
It is petty, vindictive and entirely political. Most importantly it is against the law as set forth—just like Zero.
Start drafting the articles of impeachment, just in case he somehow engineers his re-election.
George Zimmerman was racially profiled as a “white Hispanic”. It’s the white part that makes him prima facie racist.
Anyone know the vote count on this particular part (immigration check) of the law? I didn’t quite understand what the 5-3 vote applied to. Thanks.
Every state in the union should now file suit against the federal government for it’s failure to enforce existing law and seek to recover all damages resulting from said failure.
Good luck with that especially when three years after Obama was electedc 50% of the people still like the son of a bitch.
If they're suffering prolonged detention because federal authorities refuse to respond to requests for status checks, then the abuse is not on the part of the State.