What the Arizona decision means

Republicans tried to paint SCOTUS' decision on Arizona immigration laws as a win for them.   It is not.

Actually it is a win for Obama and his Justice Department, which had sued the state of Arizona over this law as infringing on the federal supremacy in immigration control.

Just think what it would be like if all 50 states enacted their own immigration laws, which might be different from each other and from the federal.   Immigration comes under foreign policy, which the Constitution gives to the federal government, not the states.  Border control is a federal function.

Essentially the decision struck down the Arizona law, except for the part that requires Arizona police to verify the legal status of anyone they apprehend that they suspect of being an illegal immigrant -- and hold them in custody if they cannot immediately verify their status (like having immigration papers on them).

A Tucson, AZ sherrif was interviewed on NPR today.   He is not happy with the AZ law that requires this.  He says in Tucson they make some 37,000 arrests a year, most of whom are immediately given a citation and released to appear in court.  But now they will be required to hold in jail any of those who might be released whom they suspect of being illegals.  This means, he says, a huge increase in jail populations that they cannot accommodate.  And it will be the same all over the state.

The SCOTOS decision also stated that this part of the law that was upheld may be revisited in the future if it proves to be misused or problematic or leads to racial profiling;  but they did not pre-emptively assume it would be, given that it has not yet been put into effect.  In other words, as I read it, there's nothing inherently wrong with Arizona police verifying immigration status -- unless it becomes a problem in the carrying out of it.    The Tucson sherrif seems to be predicting that it will become a very big problem.

Roberts and Kennedy joined the four liberals in this 6-2 decision.    Wouldn't it be great if the health care reform has the same result !!

Ralph