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Monday, April 23, 2012

Courts - "U.S. Supreme Court immigration case weighs states' powers"

James Vicini reported Sunday for Reuters that "A clash over immigration law will go before the U.S. Supreme Court this week." A few quotes:

At issue in the case is whether federal immigration law pre-empted and thus barred the Arizona law's four key provisions.

The Arizona law requires police to check the immigration status of anyone detained and suspected of being in the country illegally. Other parts of the law require immigrants to carry their papers at all times; ban illegal immigrants from soliciting for work in public places; and allow police to arrest immigrants without a warrant if an officer believes they have committed a crime that would make them deportable.

A federal judge and a U.S. appeals court earlier ruled for the Obama administration and blocked all four parts of the Arizona law from taking effect.

[Paul] Clement will argue that the Arizona law was designed to cooperate with federal immigration efforts and that it did not conflict with federal policy or law.

"This is another federalism case. This is not all about immigration. It's really about the relationship between the federal government and the state government. It's the norm that you have state officials enforcing federal law," he said in an interview with Reuters.

Clement said the burden was on the government to show why immigration law specifically prevented states from the usual participation in enforcement of federal policy. * * *

Five other states - Alabama, Georgia, Indiana, South Carolina and Utah - have followed Arizona's lead and adopted similar laws, parts of which could be affected by the Supreme Court's ruling. In some of those states, legal immigrants have faced run-ins with local law enforcement.

And from the April 21st LA Times, this story by David G. Savage, headed "Showdown on Arizona immigration law goes to Supreme Court." The story begins:
The Supreme Court and the Obama administration are set for another politically charged clash Wednesday as the justices take up Arizona's tough crackdown on illegal immigrants.

It will be a rematch of the attorneys who argued the healthcare case a month ago, and another chapter in the partisan philosophical struggle over states' rights and the role of the federal government.

Finally, for the real nuts and bolts, see this long "Argument preview: Who controls immigrants’ lives?" from Lyle Denniston at SCOTUSblog.

Posted by Marcia Oddi on April 23, 2012 01:52 PM
Posted to Courts in general