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US apex court sides with Obama on
immigration law
Tuesday June 26, 2012 09:10:40 AM,
Arun Kumar,
IANS
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Washington: Handing
US President Barack Obama a partial victory in an election year,
the Supreme Court Monday largely sided with his administration to
strike down key parts of a controversial Arizona law on
immigration.
But it was a less than complete win as the court's 5-3 ruling also
upheld the most controversial provision of the Republican-ruled
state's law involving police checks on people's immigration status
while enforcing other laws if "reasonable suspicion" exists that
the person is in the US illegally.
"The national government has significant power to regulate
immigration," Justice Anthony Kennedy wrote in the majority
opinion, ruling the federal government had the power to block the
Arizona law.
"Arizona may have understandable frustrations with the problems
caused by illegal immigration while that process continues, but
the state may not pursue policies that undermined federal law," he
added.
In its ruling, the apex court also made clear the immigration
status provision could still face future constitutional challenges
depending on how the state enforces it.
The Obama administration had challenged four major provisions of
the Arizona law that never were enforced, pending the legal
ruling, arguing immigration matters were strictly a federal
function.
Writing for the minority, Justice Antonin Scalia argued the
court's ruling encroached on Arizona's sovereign powers.
"If securing its territory in this fashion is not within the power
of Arizona, we should cease referring to it as a sovereign state,"
he wrote.
Provisions struck down included authorising police to arrest
immigrants without warrant, making it a state crime for
"unauthorized immigrants" to fail to carry identification papers
and soliciting work or even indicating their willingness to do so
with a "gesture or nod".
Arizona had passed the tough immigration law because of what it
said was the federal government's inability to stop the flow of
illegal immigrants crossing from Mexico.
Similar laws passed by several other states are under challenge in
lower courts in Georgia, Alabama, Utah, Indiana and South
Carolina. Arizona's appeal is the first to reach the Supreme
Court.
(Arun Kumar can be contacted at arun.kumar@ians.in)
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