The State of Arizona felt compelled to enact S.B. 1070 to address pressing questions regarding the social costs of large numbers of illegal immigrants in the State. These large numbers the consequence of a failure of the federal government to aggressively enforce immigration laws. In Arizona et al v United States No 11-182, Justice Kennedy delivered the opinion of a Court that did not include Justice Kagan who took no part in the case due to her conflict from her previous position. The Court held that the majority of the law intrudes upon the field of alien registration, criminal penalties for violation of immigration laws and warrantless arrests, which violates the Supremacy Clause when it is clear that this is a field that is Congress’ sole province to enforce and regulate. However the majority felt that Section 2(B) presumptively escapes injunction because consultation between federal and state agents is an “important feature” of the immigration system and requiring state officers to conduct a status check during a lawful authorized detention was proper unless and until state courts determine that the scheme unduly intrudes on federal law. The majority of the Act was struck down but this part remains and can be seen as a mixed victory for the Justice Department, which sought to enforce the notion that this is an area that is distinctly federal. Politics, however, will ensure that these laws do not get enforced and Arizona will be left with the socio-economic shambles unless comprehensive reform is in place and the borders are effectively policed.
Dave Parker Show
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|Friday||05/03/13||10:00AM||Bob Dylan Ticket PRESALE! - May 3rd||Online - see below|
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