With Justice Elena Kagan recusing herself, SCOTUS delivered a 5-to-3 ruling in re Arizona’s SB 1070 — as in Arizona v United States.
The provision requiring police to conduct immigration checks on those they arrest or stop for questioning — and they suspect as illegal — was upheld. From the Jurist.org:
Four specific provisions of the law were at issue: Section 2(B), which requires police officers to check the immigration status of anyone whom they arrest and allows police to stop and arrest anyone whom they believe to be an illegal immigrant; Section 3, which makes it a crime for someone even to be in the state without valid immigration papers; Section 5(C), which makes it a crime to apply for or hold a job in Arizona without proper papers; and Section 6, which gives a police officer the power to arrest an individual, without a warrant, whom the officer believes has committed a crime that could cause him or her to be deported, no matter where the crime may have occurred.
Everything else: struck down. Essentially the SCOTUS indicated that illegal immigration enforcement falls within the scope of federal authority only. The states must step aside and shut up.
In my opinion, this is merely one branch of the Fed, the Judicial [Executive, Legislative, Judicial], simply standing up for itself and the other two. In my view, to be expected.
Which is good if your version of the federal government believes in enforcing laws extant. Bad if your federal government involves Mr Obama.
Arizona Governor Jan Brewer crowed about the ruling in a positive fashion. I submit: she couldn’t be more wrong. Immigrant-rights advocates cried foul. They couldn’t be more wrong either.
Because, as a direct result of this ruling, Janet Napolitano declared immediately:
Homeland Security Suspends Immigration Enforcement Program For Arizona Officers
The Department of Homeland Security is suspending the program it uses to deputize local, county and state law enforcement officers in Arizona so they can double up as immigration agents.
The move affects only Arizona and it was made in direct reaction to the U.S. Supreme Court’s ruling on Monday regarding Arizona’s controversial immigration laws.
But with Homeland Security’s suspension of the program — called 287(g) from its section in immigration law — no future officers in Arizona will be given the training to arrest immigrants solely on their immigration status.
You’ll enjoy this. Further:
Homeland Security would not comment on the record. An official on background indicated that ICE agents in Arizona have been instructed not to respond for calls for assistance from local enforcement unless the person in question is a convicted criminal, was just caught crossing the border illegally or is a repeat illegal border crosser.
Not only will no more officers be trained in Arizona, but already existing agreements with state law enforcement agencies were also nixed, according to the Homeland Security official.
Because I’m a “bottom line” kind of individual, what did this ruling actually do, and what does it mean?
It means that Arizona peace officers can, for example, stop vehicles and inquire into immigration legality. But, once a potential illegal Mexican or otherwise is found, it can do nothing further.
Because the federal government has decided to ignore Arizona and its MOUs or JPAs.
It has kicked Arizona to the curb. It is now refusing to acknowledge Arizona or its ability to bring illegals to light. It is refusing to deal with illegals unearthed by Arizona.
The federal government, in a nutshell, is refusing to enforce its own laws. It has overtly suspended immigration enforcement in Arizona. By targeting Arizona. For having the balls to challenge federal authority. And challenging the US government to enforce its own laws.
Yet, with that in mind, Maricopa County (AZ) Sheriff Joe Arpaio weighs in during an interview with Fox’s Neil Cavuto:
Say what you will about Joe Arpaio, he clearly has balls the size of grapefruit.
God bless you, Sheriff Arpaio. You’re one of a few Actual Americans left in this country’s governments.
BZ
O.K. so they don’t have to have papers with them. To me, that doesn’t mean that they don’t have to have papers at all.
So BZ no papers means your a flight risk. That means you will be bound over until trial or the papers are presented. In VA the turn around for traffic court is about a month …. so … fair and speedy? Heh. What say you?
Great post BZ. Just this morning I was watching “Morning Joe” over at that other network—just go over there to get fired up for the day. They were talking about the recent Obama Campaign ads on Romney and Bane Capital his supposedly out-sourcing jobs. None dared, however, to mention the recent 800,000 jobs Obama took from “Legal Americans” with just a stroke of the pen. As for the SCOTUS opinion yesterday it was a blow against states rights and the one part left standing is meaningless and will do nothing because the only illegals that will be deported are murderers and cutthroats. Obama swore to uphold the laws of this nation, but picks and chooses which ones he will enforce—absolute bull$hit!
Trust me when I tell you, Ron, that committing a crime in Fornicalia is NO guarantee that you’ll get deported. We’ve seen Mexicans commit crimes time and again when they WERE deported because all they had to do was get their ankles moist, at most.
BZ
The Court is operating exactly the way Alexander Hamilton and John Marshall intended. You cannot blame the Court for the total failure of the other two branches.
PROBLEM SOLVED – Arizona and every other state has the power right now to crush illegal immigration.
Simply go after local businessmen for state tax violations with their illegal employees. There are tons of possible tax angles a state could use to make life a living Hell for business.
A few high profile tax cases and the job market for illegal simply vanishes.
Gary: actually, you know what? That’s a GREAT idea and an idea that the state CAN control whilst the feds CANNOT!
That is IT.
BZ
I rather enjoyed stopping a carload of “beaners” and laying them all out on the pavement, “spread-eagled” in the hot sun ,,, as I ran them thru ncic.
Lots of wanted felons were put BACK into the system because of me,,, and I am proud of doing this.
Who knows how many crimes upon persons that I prevented.
I am 73 going on 74.
Time has passed.
The next generation will have to put on the “zap gloves” and keep the peace.