Today the US Supreme Court ruled on Arizona SB1077, the tough immigration law enacted by the state in 2010, and struck a blow to states’ right. While the Court did not throw the law out in its entirety, it did rule that Sections 3, 5C and 6 are “preempted by federal law.” The irony of this case, and its ruling, is that if the federal government would do its job then states like Arizona would not feel the need to enact tough immigration rules to protect its legal citizens.
The sections that the Court felt went too are as follows:
Section 3: It is a misdemeanor to fail to comply with federal alien-registration requirements.
Section 5C: It is a misdemeanor for an unauthorized alien to seek or engage in work in the state.
Section 6: Authorizes state and local officers to arrest without a warrant a person “the officer has probable cause to believe…has committed any public offense that makes the person removable from the United States.”
The Court went on to say that “as a general rule it is not a crime for a removable alien to remain in the United States.”
Here we have the highest court in the land saying that it is unlawful for states to add enforcement to laws already on the books, and that it is not a crime to be here illegally unless you are engaging in a crime. Forget the fact that it is a crime to be here illegally. What is truly sad is that offenders are charged on both federal and state laws all the time in criminal cases in order to ensure conviction at some level. The Court got this one wrong, and it is another example of encroaching federal power. Not only is the federal government not acting in its capacity on immigration and border security, it does not know better than the states dealing with these issues everyday what is best.
Justice Kennedy delivered the opinion of the Court, in which Chief Justice Roberts and Justices Ginsburg, Breyer and Sotomayor joined. Justices Scalia, Thomas and Alito filed opinions concurring in part and dissenting in part. Justice Kagan took no part in the consideration or decision of the case.
To read the Supreme Court decision click here: http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf
Point to ponder: The only way to ensure that the power of the federal government is reduced, and the rights of the states and individuals prosper is to elect officials who believe in the original intent of the Constitution. AZ SB1070 was as much a 10th Amendment issue as an immigration issue.
