The U.S. Supreme Court struck down as unconstitutional some components of a 2010 Arizona law that called for more stringent immigration policy and enforcement there, but left in place one key element.
In a 76-page decision, a majority of the court struck down provisions that made it a crime under Arizona state law for immigrants to fail to register under federal law, that made it a crime for illegal immigrants to work or try to find work in Arizona and that allowed police to arrest people suspected of being in the country illegally without warrants.
The court ruled unanimously that police in Arizona can continue checking the immigration status of anyone they arrest or detain if there is reason to suspect the individual is in the country illegally.
“The mandatory nature of the status checks does not interfere with the federal immigration scheme,” wrote Justice Anthony Kennedy for the majority. “Consultation between federal and state officials is an important feature of the immigration system. In fact, Congress has encouraged the sharing of information about possible immigration violations.”
Justices Antonin Scalia and Clarence Thomas dissented, saying they would have sustained all three of the blocked provisions. Justice Samuel Alito would have sustained the provisions making it a crime for illegal immigrants to work in Arizona and allowing police to make arrests without warrants.
Justice Elena Kagan, who worked on the case Arizona v. United States, No. 11-182, as solicitor general under President Obama, recused herself.
In the past few years, Danbury police have been sharing information with U.S. Immigration and Customs Enforcement officials.
“The Arizona law is blatantly unconstitutional, and unacceptable because it is draconian, discriminatory, and undemocratic,” said U.S. Sen. Richard Blumenthal. “States understandably are seeking to address serious defects and flaws in current immigration reform, but the only real solution ”“ vitally necessary now ”“ is comprehensive immigration law through federal law.”
The Supreme Court is expected to rule Thursday on a challenge to the Affordable Care Act.
