The Supreme Court Wednesday seemed receptive to the argument that Arizona’s tough plan to have state and local law enforcement play a much more active role in identifying illegal immigrants was a valid exercise of its power to protect its borders.
Hearing final oral arguments in the case, justices seemed skeptical of the Obama administration’s claim that a requirement that police check the immigration status of those arrested or detained was an impermissible intrusion on Congress’s power to set immigration policy and the executive branch’s ability to implement it.
“What could possibly be wrong,” Chief Justice John G. Roberts Jr. asked Solicitor General Donald B. Verrilli Jr., with Arizona officers simply checking the status of someone detailed and giving the information to the federal government.
If the federal authorities do not wish to invoke deportation proceedings against the alien, Roberts said, they don’t have to.
Justice Antonin Scalia went further, sharply questioning Verrilli about whether a state has the ability to “defend its borders.”
Justice Sonia Sotomayor told Verrilli that the government’s argument that “systematic enforcement” might violate federal law was “not selling.”
The Supreme Court is examining four parts of the law that have never gone into effect because of legal challenges. The U.S. Court of Appeals for the 9th Circuit enjoined provisions of the law that:
- Require state and local law enforcement to verify the citizenship status of anyone stopped, detained or arrested when there is “reasonable suspicion” that the person is in the United States unlawfully.
- Authorize law enforcement officials to make and arrest without a warrant when an officer has “probable cause to believe . . . [t]he person to be arrested has committed any public offense that makes the person removable from the United States.”
- Make it a state crime to be in the United States unlawfully and require non-citizens to carry documents to prove they are legally in the country.
- Make it a state crime for a person who is not lawfully in the country to work or seek work. Federal law puts the burden on employers to verify the legality of those seeking work.
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I have to show my passport to get back into the U.S. … I don’t have any problem with making everybody do it.
