While the battle over SB 1070 reached a dramatic climax with the U.S. Supreme Court’s ruling this week, the most meaningful implications may well play out for years to come on the street when police arrest suspects and then in lower courts.

The ruling that upheld one key provision of the anti-immigration law didn’t settle as many issues as opponents and supporters would have their followers believe, legal experts said.

The high court allowed one controversial provision — one that requires police to check the immigration status of people they’ve stopped — to take affect. But the court only addressed whether the law is unconstitutional on its face, said Carissa Hessick, an Arizona State University law professor who has written extensively on SB 1070.

“We’ve seen the legal battle over the abstract principle at stake and over the balance between the federal and state powers, but I don’t think we have a good sense over what SB 1070 will mean on the ground,” Hessick said.

What’s critical is how police develop policies, training and priorities, she said. That could lead to future legal challenges where that key provision could be upheld, limited or struck down.

Hessick said both sides of the issue can claim some victories with the high court’s ruling — but only to a point.

“The decision on this part of the law is much more nuanced than people area appreciating,” Hessick said. “It wasn’t ‘This is fine.’ It was, ‘We don’t have enough information to say this is OK.’”

ASU law professor Evelyn Cruz expects the battle to wage for years in court. Cruz is director of the Immigration Law & Policy Clinic and said it’s often overlooked that many other provisions of SB 1070 haven’t been challenged in court — but could lead to other lawsuits.

One provision of SB 1070 could pose a problem for police on both sides of the issue, Cruz said.

The law allows citizens to sue a law enforcement agency if they believe SB 1070 is not being fully implemented. But other groups could sue police if they believe enforcement leads to racial profiling.

“I really feel for the police departments because they’re caught in a hard place,” Cruz said.

One of the most controversial parts of SB 1070 is still unresolved, Hessick said. The power to verify an immigrant’s legal status has raised concerns racial profiling is inherent in the 2010 law. While the court allowed the verification to occur, it noted that legal challenges could come forward once the law is put into effect.

“The aspect that everybody was so fired up about was never decided by the Supreme Court,” Hessick said.

One factor could be in flux indefinitely. The court gave presidents latitude to establish their own immigration policies and priorities, Cruz said. That means Arizona leaders frustrated with the Obama administration might find a more collaborate partner in, say, a Mitt Romney presidency.

A significant thing the court did establish is that states can’t pass laws that mimic federal laws when local lawmakers are unhappy with inaction in Washington, D.C., Hessick said. That could have broad applications with issues beyond immigration.

“It’s a signal I think that the mirror image theory maybe isn’t going to be as successful as we thought it might be,” Hessick said.

Contact writer: (480) 898-6548 or ggroff@evtrib.com

(7) comments

Jesus Christo de Nogales

Obama is a true racist. Why does the US President hate the advancement of the standard of living for Mexico’s poor? Barrack Hussein Obama; how dare you deprive Mexico its young educated and motivated people? These illegal aliens now in the US are the only hope for Mexico and you want to keep them here in the US. They could start businesses, create jobs, and improve the standard of living for the poor people of Mexico. Yet you want to be selfish and deprive Mexico of these talented youth who could make life better for all the people of Mexico. SHAME ON YOU! Have you no compassion for the poor now living in Mexico? Gustavo Arellano, Steve Gallardo, Nicky Diaz Santillan, and La Raza need to insist that all these young educated and talented Mexicans be sent back to Mexico to help improve the standard of living for the poor Mexicans.

samkat

Juggenaut: I suspect Obama cut off his nose to spite his face in this instance. How many non Hispanics are going to turn to other candidates since he is not willing to protect our citizens. Adding another 800,000 to 1.4 million and probably much more than that illegals to the workforce simply makes it more difficult for our own citizens to find work. We currently have 14 plus million Americans out of work and over 7 million illegals in the work force. We could whittle that number down considerably with more stringent workplace enforcement which Obama has indicated by his actions that he is not willing to do.

While I do not care for either candidate, Obama is not even a speck on my voting list.

Juggernaut8000

Concernedcitizen you make several good points, but there are no answers to your questions because logic is not involved, votes are. Imagine you are a politician, like our traitor president, and you want to get re-elected. He needs lots of votes and he decided to get the hispanic vote by allowing illegals to pour across our border and now blocks all of Arizona's laws. He has just secured the hispanic vote and will beat Romney in November.

His job right now is to get re-elected, not protect American citizens from attack by illegals that are in this State right now. If the Forefathers saw what Obama has done to their Counrty they would probably cry.

Jesus Christo de Nogales

Obama is a true racist. Why does the US President hate the advancement of the standard of living for Mexico’s poor? Barrack Hussein Obama; how dare you deprive Mexico its young educated and motivated people? These illegal aliens now in the US are the only hope for Mexico and you want to keep them here in the US. They could start businesses, create jobs, and improve the standard of living for the poor people of Mexico. Yet you want to be selfish and deprive Mexico of these talented youth who could make life better for all the people of Mexico. SHAME ON YOU! Have you no compassion for the poor now living in Mexico? Gustavo Arellano, Steve Gallardo, Nicky Diaz Santillan, and La Raza need to insist that all these young educated and talented Mexicans be sent back to Mexico to help improve the standard of living for the poor Mexicans

Brittanicus


ILLEGAL ALIENS ARE NOT JUST FROM SOUTH OF THE BORDER?

The Obama Justice Department led by the notorious U.S. Attorney General Eric holder has been harassing the legal residents of Arizona, as some plaything? The Obama’s administration is playing with the lives of innocent citizens, being slaughtered on the highways of America, the criminals who have spilled into this sovereign nation, transporting their drugs across the border. Daily headlines in the rural press tell of murders, home invasion and assaults on women and children by illegal aliens. How many more citizens are going to live in fear of their lives throughout the border region? Which cattleman is going to be murdered on his land, have their home ransacked, fences cut or their property covered with narco-terrorist trails leaving piles of human trash.

Who will be the next U.S. border Patrol agent to die, through slip shod programs such as ‘fast and furious’ an unraveling mystery as yet to be revealed? Just look at the statistics of crimes on ‘THE DARK SIDE OF ILLEGAL IMMIGRATION’ website? But the mainstream Liberal press either denies this is happening or refuses to print the truth. Of course the Ultra Socialist editors in the mainstream media always corrupt the evidence, stating that Americans commit the same offenses. Obviously Americans do, but does that mean we should tolerate the heinous criminals from other nations and third world countries who shouldn’t be here in the first place. Both political parties in their own wretched way, have brought this epidemic on this land.

However, they refuse to recognize, that if the border was really secured or they could track the over stays, who use international flights as foreigners posing as tourists. All this mayhem brought about by years of what I think was intentional unconcern and ignorance by decades of previous governments. Seeing the Supreme Court’s ruling didn’t go exactly the Justice Department way, they are acting like a spoiled child by cutting of the 287(g) enforcement law for the Grand Canyon state. In light of yesterday's Supreme Court ruling, the Obama Administration has suspended the 287(g) program in Arizona and enforcements. Holder using their ultimate power to intimidate the desert state that is trying to survive the onslaught of illegal aliens. A Justice Department should be there to help protect the people, but instead they are using any manner of issues to undermine the Arizona state sovereignty.

The 287(g) program is an official partnership between local law enforcement agencies and Immigration and Customs Enforcement (ICE) to aid in enforcing federal immigration laws at the local level. Federal officials said the program is no longer needed in Arizona now that the Court has upheld the section of the state's immigration-enforcement law requiring all police to check immigration status. What is next for the Obama regime and his Czar goons, to rescind the ‘Secure Communities’ so local police cannot fingerprint suspicious people who may be illegal aliens.

A COVERT AMNESTY HAS BEEN PASSED BECAUSE PRESIDENT OBAMA, HAS NOT ONLY DISMISSED LAWS PASSED BY THE CONGRESS, BUT NOW IS STATED THAT IT WILL NOT ENFORCE IMMIGRATION LAWS, SPECIFICALLY ON THE ONGOING INTIMIDATION OF ARIZONA. IN OTHER WORDS THIS PRESIDENT HAS METHODICALLY TORE UP THE EDICTS IN THE CONSTITUTION AND ALLOWING FOREIGN NATIONALS TO STAY BY EXECUTIVE FIAT. THIS MAN DOESN’T SEEM TO CARE THAT THIS COUNTRY IS BEING OVERWHELMED BY THE POVERTY FROM SOUTH OF THE BORDER, BUT ALSO A MAGNET TO MILLIONS OF PREGNANT WOMEN WHO ONCE ARRIVE HERE CAN STEAL THE WELFARE OF AMERICAN FAMILIES. ONCE SMUGGLED THROUGH THE BORDER 400.000 ILLEGAL ALIEN MOTHERS ANNUALLY CAN REAP THE REWARDS OF CRIMINALLY ENTERING THE UNITED STATES. WHAT SHOULD BE GOING TO OUR OWN CITIZENS, BEING BLED FROM STATE TREASURIES TO PAY FOR THE WELFARE THROUGH COURT UNFUNDED MANDATES.

We should not be looking from either the Obama Government or the Mitt Romney potential administration, but the TEA PARTY. IT is the Time of the PEOPLE’S PARTY. It is the time for the TEA PARTY, which is complimented by man/women; African, White, Hispanic, Asian and other Americans of different nationalities. The TEA PARTY is a wealth of different religions, faiths, gay and ordinary people of every walk of life. Remember a large Majority who votes for President Obama for a second term could be non citizens or American citizens who spend their days watching TV, selling drugs, collecting public assistance and living off the rest of us as parasites. The exception is the sick and true disabled human beings, so think of their dilemma who taxpayers should be assisting, instead of foreigners. If you are frustrated with feeding the rest of the world, unable to get a decent job then join the TEA PARTY. The controversial immigration debate and the problems it has brought; it is a theft of your taxes.

Obama’s new the rules and regulations have been forced on American with its so called ‘Political Correctness’ along with its growing taint of Socialism philosophies impregnating our young in the schools and universities. President Obama has placed obstacles to halt the extraction of valuable energy resources in our time of urgent need. This administration has squashed efforts to extract oil, natural gas and coal; that we could lower the costs from transportation, but sell residual amounts to friendly foreign countries. The progressive’s zealots in the environmentalist world have stopped the laying of oil pipelines from Canada to Texas, and in Utah the Prairie dog has more dominion over townsfolk people through the absolute fanatical ‘Endangered Species’ law. I wonder how long it will be before the Obama Administration taxes us even more, because we actually have a pulse.


AS A FURTHERANCE--WE MUST BE SURE THAT ELECTIONS ARE FAIR AND EQUITABLE, AS DEMOCRATS DO NOT SEEM TO CARE WHO VOTES? DEMONSTRATED BY THE EVIDENCE FOUND IN THE STATE OF FLORIDA AND HARASSMENT ONCE AGAIN BY THE JUSTICE DEPARTMENT. NON-CITIZENS ARE VOTING AND IN CLOSE RACES THIS COULD BE A DISASTER, FOR THE PRESIDENTIAL, FEDERAL AND EVEN STATE ELECTIONS. CALLING IT 'VOTER SUPPRESSION' THE LIBERAL DEMOCRATS WILL DO ANYTHING-BORDER LINE LEGAL, TO RETURN THE 'TAX & SPEND' PRESIDENT BACK INTO OFFICE.

Two of the most controversial issue, that we must be imposed at once, so no more foreign invaders are encouraged to break the immigration ‘Rule of Law’. ‘THE LEGAL WORKFORCE ACT’ (E-VERIFY) must be passed and advanced, so illegal aliens can no longer steal jobs from the millions of Americans unemployed. The ‘BIRTHRIGHT CITIZENSHIP ACT (H.R.140) must be compulsory so unborn babies smuggled into America, so that parents cannot take benefit from welfare, once the child become an immediate citizen. Half a million pregnant women enter the United States looking for handouts annually, for their children.

This is the time when every American who believes in the ‘Rule of Law’ and steps forward to let their Senator or Congress person knows how you will vote. Tell the politician’s aide (screen-er) and that you want them to sponsor E-Verify and the Birthright Citizenship bills. Citizen voters should phone Congress at the central Switchboard at 202-224-3121. Insist YOUR CONGRESSMAN/WOMAN TO fulfill their obligation to the oath of office and stop pandering to the businesses that use cheap labor or the pro-illegal alien lawmakers that you are only voting for those who favor the TEA PARTY ideology. Use the power of your VOTE to demand they sponsor these to policies or we are destined to become like Europe, overwhelmed by the poverty of other countries.

Masterrogue666

Don't look for logical among liberals, concernedcitizen.

concernedcitizen

How come articles I've read regarding this ruling on various news sites, both local and national, have not focused on:

1) How local police departments have already put safeguards in place so they are following the law and are not abusing it and being discriminatory,

and

2) How come it has not been reported that Arizona's agreement with ICE was suspended by President Obama? How President Obama is above the law and can issue an order to basically not allow Arizona to enforce federal law, even though the highest court in the land said that part of the law was ok?

Just a couple of thoughts in regards to all of this mess.

What I don't get is, if I am stopped by a cop and I don't have a driver's license on me or some form of ID, the cop is going to run every background check on me and my car as possible to make sure I didn't steal it, to make sure I am who I say I am, etc. Why is this part of the law, the only part that was approved by the high court, such a big deal? It is what cops should do anyways, ESPECIALLY if someone they've stopped has done something that gives them reasonable suspicion they've done something major, they should also be checking legal status. That just makes sense. It basically is what they are supposed to do now anyways, and ICE checks the legal status of those they request to be checked, the high court just enforced that Arizona does have this right. And yet Latino voters are in outcry over this ruling. Get over it, PLEASE. Illegal is illegal. If you are here illegally, expect to get caught at some point. I'd love to hear stories of people who have, or have had family or friends, get "turned in" for not having papers on them. From what I've read, the approved portion of SB 1070 does not allow for cops to indiscriminately do this, so I am really not sure what the big hey is, unless you and your friends are illegal immigrants and want to avoid having to follow the law. The laws/constitution are what have made this country FREE and GREAT. While our country was founded on immigration in a sense, it was LEGAL immigration, done through the right channels.

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