Maine news, sports, weather from Portland Press Herald / Maine Sunday Telegram, Portland, Maine

June 26, 2012

Court: Arizona went too far on immigrant law

Justices throw out key parts, saying they intrude on federal statutes, but uphold the 'show-me-your papers' checks by police.

The Associated Press

WASHINGTON — A divided Supreme Court threw out major parts of Arizona's tough crackdown on illegal immigrants Monday in a ruling sure to reverberate through the November elections. The justices also unanimously approved the law's most-discussed provision -- requiring police to check the immigration status of those they stop for other reasons -- but limited the consequences.

Although upholding the "show me your papers" requirement, which some critics say could lead to ethnic profiling, the justices struck down provisions that created state crimes allowing local police to arrest people for federal immigration violations. And they warned against detaining people for any prolonged period merely for not having proper immigration papers.

The mixed outcome vindicated the Obama administration's aggressive challenge to laws passed by Arizona and the five states -- Alabama, Georgia, Indiana, South Carolina and Utah -- that followed its lead in attempting to deal with illegal immigration in the face of federal inaction on comprehensive reform.

The administration had assailed the Arizona law as an unconstitutional intrusion into an area under federal control.

Justice Anthony Kennedy, joined in his majority opinion by conservative Chief Justice John Roberts as well as three liberal justices, said the impasse in Washington over immigration reform did not justify state intrusion.

"Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermine federal law," Kennedy said. That part of the ruling drew a caustic dissent from Justice Antonin Scalia, who said the Obama administration doesn't want to enforce existing immigration law.

A second opinion with potentially important implications for the presidential campaign is expected when the court meets Thursday to issue its final rulings this term. The court's verdict on President Obama's landmark health care overhaul probably will come that day.

The Arizona decision landed in the middle of a presidential campaign in which Obama has been heavily courting Latino voters and Republican challenger Mitt Romney has been struggling to win Latino support. During a drawn-out primary campaign, Romney and the other GOP candidates mostly embraced a hard line on the estimated 11 million illegal immigrants, though Romney has lately taken a softer tone.

Obama said he was pleased that the court struck down key parts of Arizona's law, but he was concerned about what the high court left intact.

"No American should ever live under a cloud of suspicion just because of what they look like," the president said in a written statement. He said police in Arizona should not enforce the provision in a way that undermines civil rights.

"What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform," Obama said.

In Scottsdale, Ariz., later Monday, Romney said he would have preferred that the court "give more latitude to the states" in immigration enforcement.

Romney told campaign donors that the law has "become a muddle" and that the states have more options to enforce their own immigration laws.

Earlier, he said in a statement, "I believe that each state has the duty -- and the right -- to secure our borders and preserve the rule of law, particularly when the federal government has failed to meet its responsibilities."

In his majority opinion, Kennedy distinguished the "show me your papers" provision from the other challenged parts of the law by pointing out that consultation between local and federal authorities already is an important part of the immigration system. Local and state police called on the Immigration and Customs Enforcement's support center more than 1 million times in 2009 alone, he said.

(Continued on page 2)

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