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Should the Supreme Court Rule Arizona's Immigration Law Unconstitutional?

The Supreme Court announces that it will hear the case against a highly controversial immigration law

December 12, 2011 RSS Feed Print

The Supreme Court announced Monday that it would weigh in on several provisions of Arizona's controversial immigration law S.B. 1070. Lower federal courts have blocked aspects of the law, including a provision that requires Arizona police to check the citizenship of anyone being arrested. At issue is whether these and other parts of the state law violate federal authority on immigration. Arizona is now taking the law to the highest court in the land. Justice Elena Kagan, who as solicitor general was involved with lower cases against the law, abstained from the Supreme Court's decision to hear the case and recused herself from the final ruling.

[See a collection of political cartoons on immigration.]

The Arizona case, alongside the case against Obama's Affordable Care Act that the Supreme Court will also be hearing this term, is a very contentious issue, and immigration is already a talking point for the 2012 election. Though the Obama administration had urged lower courts to block some parts of the Arizona law, it had hoped the Supreme Court would not take the case up this term. Nevertheless, White House spokesperson Jay Carney said, "You know the president's position and the administration's position. We look forward to arguing it in this case." An argument at the national level over S.B. 1070 may help Obama with Latino voters, but also may alienate independent swing voters who call for tougher action on immigration.

What do you think? Should the Supreme Court rule Arizona's immigration law unconstitutional? Take the poll and comment below.

Should the Supreme Court rule Arizona's immigration law unconstitutional?

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Previously: Should Democrats Abandon the Tax on Millionaires?

Tags:
Obama administration,
immigration reform,
Supreme Court

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You wrote:

"a provision that requires Arizona police to check the citizenship of anyone being arrested"

Not so.

U.S. federal law requires all aliens over the age of 14 who remain in the United States for longer than 30 days to register with the U.S. government, and to have registration documents in their possession at all times. The Arizona Act additionally makes it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents, requires that state law enforcement officers attempt to determine an individual's immigration status during a "lawful stop, detention or arrest" when there is reasonable suspicion that the individual is an illegal immigrant.

Note that the requirement is only met when there "reasonable suspicion" that the person is an illegal immigrant.

junior of DC 8:46PM December 14, 2011

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