Tag Archives: immigration law

THE UNITED STATES vs. ARIZONA – THE SUPREME COURT’S IMMIGRATION DECISION IN A NUTSHELL

Four issues were argued and decisions rendered.  The most significant and most controversial provision in Arizona’s law was upheld by the unanimous vote of eight of the nine Justices.  Judge Kagan recused herself.

The other three provisions of Arizona’s law were struck down on a 5 to 3 divided vote.

Upheld
Arizona police may check the immigration status of an individual stopped on reasonable suspicion of having committed a crime.

Struck down
1. Arizona state law that mirrored existing federal law making it a crime not to complete or carry immigration papers.

2. A provision of Arizona law that made it illegal for an illegal immigrant to apply for or hold a job.

3. A provision of Arizona law allowing police to arrest and detain an illegal alien not yet convicted of a deportable crime.  Police must release the individual after telling them to show up later for a hearing.

Justice Scalia wrote the dissent.
Here is the decision.
Here are excerpts from Scalia’s dissent.

Post Script – The case is actually identified as AZ vs. US but I think the United States against Arizona better reflects the reality.