Advocacy

Supreme Court Signals Support for Arizona Immigration Law Provision

from FOX News 4/25/12  –  The Supreme Court signaled Wednesday that it might uphold a key element of Arizona’s immigration law, as justices across the board suggested the state has a serious problem on its hands and should have some level of sovereignty to address illegal immigration.

The justices appeared ready to allow a provision requiring police officers to check the immigration status of people they think are in the U.S. illegally.

The justices strongly suggested Wednesday they are not buying the Obama administration’s argument that the state exceeded its authority, with Chief Justice John Roberts at one point saying he doesn’t think the federal government even wants to know how many illegal immigrants are in the country.

“You can see it’s not selling very well,” Justice Sonia Sotomayor told Obama administration Solicitor General Donald Verrilli.

Just like the health care overhaul challenge heard earlier this month, Wednesday’s hearing on the immigration law drew passionate surrogates from both sides. Arizona Gov. Jan Brewer was loudly booed by the law’s opponents in front of the courthouse. She said in a statement Wednesday afternoon that “I am filled with optimism — the kind that comes with knowing that Arizona’s cause is just and its course is true.”

While the justices addressed the traffic stop provision Wednesday, it was unclear what the court would do with other aspects of the law that have been put on hold by lower federal courts.

Kansas Secretary of State Kris Kobach, who helped draft the law, voiced optimism in Arizona’s chances.

“This was a very good day for Arizona in the Supreme Court today,” he told Fox News. “The U.S. Justice Department was on the ropes.”

But Brent Wilkes, director for the League of United Latin American Citizens, warned that the law would take a “human toll” on Arizona families if allowed to stand.

“This is really a racial profiling bill,” he told Fox News.

The hearing Wednesday morning has implications far beyond Arizona’s borders, as several states, including Alabama and South Carolina, have followed in Arizona’s footsteps to craft their own immigration enforcement measures.

The Obama administration, which opposes those measures, has argued that the country cannot sustain a patchwork of separate immigration laws.

Verrilli, who is arguing on behalf of the government, said in his brief that the Executive Branch has the power to enforce immigration policy.

“For each state, and each locality, to set its own immigration policy in that fashion would wholly subvert Congress’ goal: a single, national approach,” he wrote.

But Arizona argued that the current system is broken, and that the state is paying an unfair price for that failure.

“Arizona shoulders a disproportionate burden of the national problem of illegal immigration,” attorney Paul Clement argued in his brief. He argued that enforcement attention in California and Texas has turned the Arizona border into a funnel for illegal immigrants, with a third of illegal border crossings occurring there.

The attorney described Arizona’s law as a response to an “emergency situation” — with illegal immigrants soaking up millions of state dollars in health care and education, posing safety risks to ranchers and cutting into the state’s job market.

Two of the key statutes, which have been blocked and will be at issue in Wednesday’s arguments, are provisions to bar illegal immigrants from seeking a job and to require law enforcement to check the immigration status of anyone they suspect of being in the country illegally in the course of a routine stop.

A ruling from the Supreme Court is likely to come this summer, in the thick of the presidential election year — it could either bolster what has been a bold move from the Obama administration’s Justice Department to intervene in state issues ranging from immigration to voter ID laws, or stop the administration in its tracks and open the floodgates to even more state laws that challenge federal authority.

The immigration case arrives at the high court Wednesday just weeks after the justices heard arguments in the multi-state challenge to the federal health care overhaul.

Democrats on Capitol Hill this week were already scrambling to prepare for the possibility that the high court upholds the immigration law. Sen. Chuck Schumer, D-N.Y., announced a plan to introduce a bill that would effectively nullify Arizona’s law — though it would stand virtually no chance of passing in the Republican-controlled House.

“Immigration has not and never has been an area where states are able to exercise independent authority,” Schumer said Tuesday at a Capitol Hill hearing, where he announced he would introduce the proposal should the Supreme Court “ignore” the “plain and unambiguous statements of congressional intent” and uphold the Arizona law.

But former Arizona state Sen. Russell Pearce, the author of the law, said: “We have a national crisis, and yet everyone wants to ignore that: the cost, the damage, the crime.”

The Associated Press contributed to this report.

Leave a Reply

55 Comments on "Supreme Court Signals Support for Arizona Immigration Law Provision"

Notify of

Sort by:   newest | oldest | most voted
DOVIE BROWN
4 years 4 months ago

WHY DO WE MAKE LAWS IF WE ARE NOT GOING TO UPHOLD THEM .IF OUR PRESIDENT OF ALL PEOPLE DON’T UPHOLD THEM HE SHOULD PAY JUST LIKE ANYONE ELSE .MAY WE ALWAYS REMEMBER WE ARE ONE NATION UNDER GOD IF WE DON’T ,LIKE RONALD REAGAN SAID WE WILL BE ONE NATION GONE UNDER ,LOOK HOW FAR UNDER WE HAVE GONE SENSE OBAMA DAYS,ARE WE GOING TO STAND BY AND LET HIM DESTROY OUR GREAT NATION , WHERE OUR GREAT LEADERS WITH GUTS TO TAKE A STAND AND PUT HIM IN HIS PLACE?????

Oliveira
4 years 2 months ago
Richard Wheeler,can you see the gift those CANDIDATES ARE GIVING to AMERICA,subjecting their self to AMERICAN’S SCRUTINY, EVEN ATTACKS AND INSULTS AND BAD MEDIA COMMENTS, ALL THAT BECAUSE THEY FEEL THAT AMERICA IS CALLING THEM TO BECOME THE LEADER TO FIX THE DESTRUCTION’S COMING,THEY COULD HAVE JUST SAY NO, I WANT MY COMFORT AND NO BODY TO SEE MY WHOLE LIFE,LIKE I’M JUST A SHOW FOR THEM, LIKE IF THEY THINK THEY OWN ME, BECAUSE I WANT TO BE THEIR LEADER, well yes, the CANDIDATES bare themselves to AMERICANS IN ORDER TO HAVE THE HIGHEST POSITION, THE PRICE THEY MUST PAY, but they dervsee the highest respect from AMERICAFOR THEIR DEDICATIONS, not insults for all of them,because not many are worthy of the position even if they have been push in by MONEY, or UNIONS,OR RACE OR MEDIA. IT WON’T MAKE THEM A LEADER, IT TAKES MORE THAN THAT,YOU HAVE… Read more »
Paul
4 years 4 months ago

November 6, 2012 will be Do or Die at the voting machines all over this Land
Romney in 2012

Jim
4 years 4 months ago

Keep in mind, the Executive (President) is but one branch of our Federal Government that is supposed to be controlled through checks and balances by the Legislative (Congress) and Judicial (Supreme Court) branches. Consider carefully the choices you make for the Senate and House of Representatives at the polls in November. If the other two branches do their jobs properly, the President is not nearly so powerful as he might like to think he is.

Ellen
4 years 5 months ago

Two of the primary responsibilities of the federal government are to provide a military to protect us and to keep our borders secure. The feds have been failing in those two primary responsibilities for a long time. The failure to enforce immigration laws are just the latest manifestation of that failure. Since the federal government is not doing it’s job, the states must be allowed to protect their citizens.

Roger Howard
4 years 5 months ago

The most important part of the term ” Illegal Immigrant ” is the word “Illegal”. Our politicians, the “Press”, the “Do Gooders”, all seem to think the “Illegals” are subject to and protected by the same rights as a US Citizen. We all know those “Rights” so I won’t expound on them..

They ignore the fact that they (the “Illegals”) are not subject to or protected under those “Rights” and that is because they are NOT U.S. Citizens and until they are granted US citizenship they have no “Rights” under US Law.

What amazes me is that the leniency is coming down directly from the TOP and it’s a disgrace.

Paul
4 years 4 months ago

All those ” do gooders ” are do gooders with our money and not money from their own pockets
Those illegals have broken our laws by being here illegally. Do like Mexicans do with their illegals who come to their country.

Calabash
4 years 5 months ago

Every time the white house lawyers use the term, “immigrant,” Arizona attorneys should jump up and say, ‘Objection! The correct term is ILLEGAL ALIEN.’ The high court would have to sustain the objection and there would be a constant reminder in open court since the white house lawyers would never use the correct terminology, thereby weakening their case every time they do.

Anda
4 years 2 months ago

also get Access denied in Windows Home Vista I have been using peorsnal computers for over 30 years Yes, I built my first one from an Altair kit and I have just spent 3 hours trying to login as Admin in Vista and have visted 18 web sites to try to get help nothing works yet!!!!

Glenn Shannon
4 years 5 months ago

Roger Howard you are wrong they have more rights under Obama then the U.S. citizen

George Beaver
4 years 5 months ago

I’m not from Arizona, but I got here as soon as I could. God bless Governor Jan Brewer for her courageous stand to uphold the law and to protect the citizens of Arizona. She has more “guts” in her little finger than the entire Obama administration!

Troduponenough
4 years 4 months ago

…George – out here one might say she just got more kahones than that entire Marxist cabal.

Aneve
4 years 5 months ago

I already posted my comment and has not posted yet. Any problems?

mike taurino
4 years 5 months ago

well just remember in november……….NOBAMA

Dale
4 years 5 months ago

The powers that be in the white house now have got to go, they are absolutely ruining our country. Makes me so DAM mad, no one does anything about it.These num nuts also need to be deported.

Durwoodl Walker
4 years 5 months ago

Obama should be arrested for many things!! His claim of being a christian is really criminal. And I guess he thinks he has God’s permission to kill babies – with taxpayer money!!

Sue Navratil
4 years 5 months ago

I lived in Chicago when Immigration laws were being inforced and knew a family of illegals. They were deported with the understanding they could never enter the US again. Things certainly have changed with O’s selective deportation system!

What a loser mentality it is to not enforce a law for what ever reason! Why have one if it is not enforced?? Why have a system that legal immigrants must use? Americans have a deep sense of fair play and a double standard does not fit into that! Mr O was trained by a Muslim step-father, went to Madrasa, cultivated Marxist professors,

Paul
4 years 4 months ago

B Hussein Obama is a Muslim and a Communist he is out to destroy our Country from within he is the Manchurian Candidate he might even be 666

Barbara G.
4 years 5 months ago

Leave it to Chuckie Schumer to stick his big, fat mouth into something that is none of his business. If he worried about his own state more, maybe it wouldn’t be in such a mess. If the Feds don’t do their job, it’s up to each state to take care of themselves. I’m sick of Obama and Holder suing states for trying to watch out for their citizens. It is a disgrace what has happened in this country. November can’t come fast enough for me.

Paul
4 years 4 months ago

Schmuck Schumer is a phony his wife is having jobs with several New York City Agencies at a very high level being paid high salaries. She is arrogant, nasty and and don’t know anything about the position given to her. Just like her nasty husband

Sue Navratil
4 years 5 months ago

Amen!

Dan Cain, Sr.
4 years 5 months ago

It is high time that someone takes charge of the illegal immigration problem and brings it under control. This has gotten way out of hand and needs to be corrected to relieve the American taxpayers of such substantial burdens as subsidizing the illegals.

David
4 years 5 months ago

I was born and raised in Arizona. Some of my best friends are Mexican. There was never any “people” hanging around or moving through our property. Since I moved away, it is virtually a nightly occurance. My aunt and uncle were bound and gagged and their car stolen. When caught, the perpetrator committed suicide in the jail cell because he was told by his recruiter that he would be tortured if he did not commit suicide.

Charles Lund Sr.
4 years 5 months ago

I Love Arizona and It’s Governor! Wish We had leadership like that Here in Connecticut. We could sure use some GOOD Leaders. All Connecticut Politicians are Wimps! We are overpopulated with Immigrants, and those of us that were born Here can’t get a Good job because the Illegal Immigrants have them All! WAKE UP USA!!

Sue Navratil
4 years 5 months ago

If you won’t stand for something, you’ll fall for anything! Look what happened in ’08.

Walter M. Reckinger III
4 years 5 months ago
Both the paternal and maternal sides of my family immigrated here LEGALLY. They earned their citizenship legally. They were proud to learn the english language and did not expect americans to learn their language and have dual language instructions and signage. My mother was a naturalized citizen. She learned the english language from her playmates in the neighborhood before she started school. There was no “English as a Second Language Program” or special teachers hired to teach her in french. Today it is politically incorrect to call illegal alliens what they are, illegal and allien. We are supposed to call then anything but what they factually are, illegal alliens. Immigrant implies that they are here at the invitation of our country. They are not. They comehere illegally and sneak accross our borders as common criminals sneak about their llega activities. I find the term illegal immigrant repulsive. It lessens the… Read more »
Calabash
4 years 5 months ago

Every time the white house lawyers use the term “immigrant,” Arizona attorneys should jump up and say, ‘Objection! The correct term is ILLEGAL ALIEN.’ The high court would have to sustain the objection and it would be a constant reminder in open court since the white house lawyers would never use the correct terminology.

Den
4 years 5 months ago

My father was a Bracero, invited and welcomed to this country during WWII to fill a need in agriculture. He later was legally naturalized because he kept his nose clean and earned it. Many came in and earned their way here. Those that didn’t were sent back to Mexico. America still needs immigrants — immigration was one of the things that helped America become great through the mixture of cultures and ideas — but Congress is too freaking lazy and corrupt to address the issue, they are too preoccupied with lining their own pockets through their own insider trading and paying back their corporate sponsors and lobbyists. Think I’m kidding? Very few congressmen leave congress not a millionaire and even if not, they are set for the rest of their lives for income and superior health care (as good, maybe better).

Rakesh
4 years 2 months ago

Obama hopes to elevate toxic iimogratimn debate – Worldnews.com. May 10, 2011. illegal immigrants responsible and fixing the broken legal . to tackle iimogratimn reform at a meeting of congressional leaders, ..The State of Hate: Escalating Hate Violence Against Immigrants …. May 1, 2009 . The Leadership Conference on Civil and Human Rights . and NumbersUSA, have portrayed immigrants as responsible for numerous societal ills, . These seemingly “legitimate” advocates against illegal iimogratimn are ..

Paul
4 years 4 months ago

We need a term limit for Congress too. No one should make a carrier out of it.

Glenn Shannon
4 years 5 months ago

In the 60s and 70s there was no such thing as drive by shootings or all the shootings at party’s in Phx. but today you hear in the news it happens almost daily. I would disagree with only 5 percent are hard working looking for a better way of life. As a technician going into many homes to repair appliances you could see what was happening. The woman lives alone producing kids for welfare and the man sneaks into the home at night after working for money under the table. That is the majority of what goes on here.

maria bruns
4 years 5 months ago

I WAS BORN IN THE STATE OF TEXAS AS WERE MY PARENTS;;;I SEE NO PROBLEM WITH ANY OF THE LAWS THAT ARIZONA”HAS FOR ITS CITIZENS”THATS THE KEY WORD IF YOU ARE AN ILLIGAL YES IT WILL TARGET YOU AND GUESS WHAT ‘YOU ARE BREAKING THE LAW ”WHICH TELLS ME YOU DO THIS WITH THE REST OF OUR LAWS’THAT WE RESPECT AND UPHOLD ”I HOPE EVERYONE THAT IS AN AMERICAN WILL BACK OUR GOVERNOR”THIS WOMAN IS AN OUTSTANDING INDIVIDUAL”PROTECTING US FROM DRUG CARTELS”DID YOU KNOW FOR KIDNAPPING DRUG RELATED”JUAREZ MEXICO IS #1 AND # 2 IS PHOENIX”’WAKE UP AMERICA;HELP ENFORCE OUR LAWS ”AND KEEP OUR BORDERS SECURE.’

Paul
4 years 4 months ago

It is too bad when she greeted Obama at the airport she used the wrong finger

Judy
4 years 5 months ago
We have a law in place – at the Federal level – which is not being enforced. Therefore, every politician including the President who refuses to enforce this law, should be subject to the same sanctions and penalties that we the American Legal Immigrants are subject to. Unless we exercise our right to vote all of them out of office, they will continue to bankrupt this Country. And isn’t that what Mexico and Bin Laden tried to do and are still doing. Mexico has stated that they do not need to “fire one shot” at the US in order to take back what they believe is their property – they will just do what they are already doing. Training their people in the ways to cross the border, abuse our laws, and bankrupt our States. Bravo for Arizona – for standing up to be counted as a State that says… Read more »
David A.
4 years 5 months ago
Growing up along the border in Laredo, Texas it was safe & fun to ride our bikes to the Rio Grande & fish, target practice with our BB air rifles. The kids on the other side of the creeks that fed into the river would wade over & we’d spend the whole day setting forts, building camping fires to cook our catch with home made tortillas. When we’d go hunting & came across people, they were ususally single, honest, humble, hard working families that just wanted an opportunity to escape the corruption & poverty. However, nowadays it’s a whole different type coming across & wouldn’t go near the river especially in remote areas even in daylight with some heat. BP friends have noticed this too for some decades. Breaking up productive families that are contributing to society is one thing but we can start deporting the illegals that have committed… Read more »
Butch Youmans
4 years 5 months ago

If you want to stop immigration then you have to have a law that will do just that. You catch an illegal send them back, but first take a DNA sample if they return then you give them 1 year of picking fruit or any other job that they would ordinarily would do. You take the money that the farmers would pay them and pay for there food ,housing and the guards. After one year you send them back and tell them if they return with proper green card they will spend the next 5 years. in the US picking fruit and be paid nothing. That will put a stop to illegal immigration.

Gradivus
4 years 5 months ago

Somewhere I’d like to see an actual news article that tells me what actually happened at the Supreme Court session instead of a reporter’s conclusionary characterization of it. This isn’t it.

wpDiscuz