NATIONAL JOURNAL (Article by Fawn Johnson): A supporter of Arizona's "show me your papers" immigration law, who declined to be identified, demonstrates in front of the Supreme Court, Wednesday, April 25, 2012.
Show me your papers is the most familiar provision of Arizonas tough immigration law, but it is not the most consequential. As such, the Supreme Courts decision on Monday to allow that provision of the state law to stand is still a victory for the Obama administration.
Conservative critics of the federal governments complaint against Arizona had hoped for a wholesale endorsement of the state law. Instead, Arizona got permission to do what local police officers all over the country already do on an ad hoc basischeck with federal officials about a questionable persons legal status inside the United States.
The Supreme Court agreed with the federal governments argument that the three other questionable parts of Arizonas lawwarrantless arrests, ID requirements, and criminalizing work of undocumented workersimproperly stomped on the federal governments role of enforcing immigration law.
Federal governance of immigration and alien status is extensive and complex, the high court held in an opinion written by moderate Justice Anthony Kennedy. He was joined by four othersChief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. In other words, it wasnt even close, with five justices on board and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito dissenting in part. Justice Elena Kagan did not participate in the deliberations because of her previous work on the issue with the Obama administration as solicitor general.
Presumptive GOP presidential nominee Mitt Romney tried to use the ruling as a promise to "work in a bipartisan fashion to pursue a national immigration strategy" -- something that has proven next to impossible in a highly polarized Congress.
"President Obama has failed to provide any leadership on immigration," said Romney, who has had to address the issue in lieu of hammering home his signature message on the economy. "This represents yet another broken promise by this president. I believe that each state has the duty -- and the right -- to secure our borders and preserve the rule of law, particularly when the federal government has failed to meet its responsibilities. As Candidate Obama, he promised to present an immigration plan during his first year in office. But four years later, we are still waiting.
The part of the Arizona law that will stand gives police officers the ability to check the legal status of people they stop for other violations of the law. The idea is to create a seamless cooperative enforcement system between local and federal law enforcement. At oral argument, the justices showed little patience for the governments argument that the requirement impeded federal authorities ability to enforce immigration laws.
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