SB 1070: Comments from Supreme Court majority on 4 provisions decided - Ahwatukee Foothills News: Valley And State

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SB 1070: Comments from Supreme Court majority on 4 provisions decided

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Posted: Monday, June 25, 2012 12:27 pm

Here are the four provisions of SB 1070 decided by the U.S. Supreme Court as well as comments from the court's majority ruling.

Section 2(B) requires police to try to determine the immigration status of someone they have already stopped if there is “reasonable suspicion” that person is unlawfully in the country. It also requires determination of immigration status of anyone placed under arrest. UPHELD AS WRITTEN.

“However the law is interpreted, if Section 2(B) only requires state officers to conduct a status check during the course of an authorized, lawful detention or after a detainee has been released, the provision likely would survive pre-emption -- at least absent some showing that it has other consequences that are adverse to federal law and its objectives. There is no need in this case to address whether reasonable suspicion of illegal entry or another immigration crime would be a legitimate basis for prolonging a detention, or whether this too would be preempted by federal law.”

Section 3 makes it a state crime for someone not in this country legally to fail to carry federally issued registration cards. VOIDED AS PREEMPTED.

“Federal law makes a single sovereign responsible for maintaining a comprehensive and unified system to keep track of aliens within the Nation?s borders. If Section 3 of the Arizona statute were valid, every State could give itself independent authority to prosecute federal registration violations. . . . Even if a State may make violation of federal law a crime in some instances, it cannot do so in a field (like the field of alien registration) that has been occupied by federal law.”

Section 5(C) makes it a crime for an undocumented worker to apply for work in a public place or perform work as an employee or independent contractor in Arizona. VOIDED AS PREEMPTED.

“Congress made a deliberate choice not to impose criminal penalties on aliens who seek, or engage in, unauthorized employment. A commission established by Congress to study immigration policy and to make recommendations concluded these penalties would be 'unnecessary and unworkable.' . . . . Congress decided it would be inappropriate to impose criminal penalties on aliens who seek or engage in unauthorized employment. It follows that a state law to the contrary is an obstacle to the regulatory system Congress chose.”

Section 6 lets police make an arrest without a warrant if there is “probable cause” they committed an offense that makes them removable from the country. VOIDED AS PREEMPTED.

“This state authority could be exercised without any input from the Federal Government about whether an arrest is warranted in a particular case. This would allow the State to achieve its own immigration policy. The result could be unnecessary harassment of some aliens (for instance, a veteran, college student, or someone assisting with a criminal investigation) whom federal officials determine should not be removed. This is not the system Congress created.”

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