The United States Supreme Court made what can only really be called a split decision over Arizona’s SB1070 immigration law. Some see it as a win for the state of Arizona, others as a win for Federal supremacy. I did laugh at the range of headlines form assorted newspapers and internet sites in response to ruling as it became evident what political stripe said groups were in based on their choice of headline. Perhaps the most amusing was HuffPuff’s (aka Huffington Post) use of the term “gutted”
in their headline, when the ruling was actually quite the opposite.
What was upheld:
- Allowing local law enforcement officers to attempt to verify the immigration
status of a person who has been stopped or detained for violating other laws,
including moving vehicle violations.
This was one of the hot button issues involved with the law and one most often criticized as an overreach by the state of Arizona into Federal powers. With this ruling, the SCOTUS has made it clear that enforcement of immigration law for non-immigration related issues is lawful and appropriate.
What was struck down:
- A crime for illegals to be in Arizona.
- A crime for illegals to seek employment in Arizona.
- Authorized police officers to make warrantless arrests of anyone they believed had made a deportable offense.
I could see why these three were struck down. They could be seen as violating an array of laws and civil rights such as double jeopardy and protections from illegal search seizure to name but two.
Ultimately it is what it is: a split decision of which neither side can claim
complete victory. Already the pro-illegal supporters claim victory while
the anti-illegal supporters also do so. Overall, I’d say the decision was an minor victory for Arizona as the SCOTUS kept a key provision that the Federal government argued was their purview alone. That alone was a slap at the current administration’s dictatorial attitude and arrogant self righteousness of the Department of Justice towards the States. I also see the decision as a push by the SCOTUS against the Federal government to start enforcing existing U.S. immigration law and working on genuine reform, not just pandering and declarative amnesty by politicians looking to be re-elected to office.
Regardless of the decision, it still does not address keys issues that needs to be resolved by the United States: immigration reform and illegal immigrants. Obama simply can not “wave his hand” and claim so called “Dreamers” effectively a free pass and not bring on the ire of many American citizens and legal immigrants, especially in states that bore the brunt of illegals eating up local services, who are tired of government policies that give the perception (rightly or wrongly) of favoring illegals and law breakers over those are citizens, legal residents, and law abiding. Solve the immigration policies and problems and you’ll solve much of the debate and concern over illegal aliens.
Unfortunately, given the issues surrounding illegals has been around since long before I was born and we have self serving politicians more interested in their party and their greed than the well being of the nation I don’t see any resolution coming in the near future. All I see is pandering and promises to Hispanics in vain attempts to get votes, not workable solutions.
Gray3's Thirdsphere 