ARIZONA REPUBLIC (Article by Alia Beard Rau): The U.S. Supreme Court has ruled that one key part of the Arizona immigration law, known as Senate Bill 1070, is constitutional, paving the way for it to go into effect. Three other portions were deemed unconstitutional in a 5-3 opinion.
The part ruled constitutional is among the most controversial of the law's provisions. It requires an officer to make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there's reasonable suspicion that person is in the country illegally.
The three parts ruled unconstitutional make it a state crime for an immigrant not to be carrying papers, allow for warrant-less arrest in some situations and forbid an illegal immigrant from working in Arizona.
The long-awaited decision was a partial victory for Gov. Jan Brewer and for President Barack Obama, who sued the state of Arizona to keep the law from taking effect. By striking down the portions they did, justices said states could not overstep the federal government's immigration-enforcement authority. But by upholding the portion it did, the court said it was proper for states to partner with the federal government in immigration enforcement.
Despite the Supreme Court's ruling, the injunction blocking the provision from taking effect is still in place. The case now goes back to the lower courts. Authorities cannot begin enforcing the provision upheld by the Supreme Court until U.S. District Court Judge Susan Bolton lifts the injunction she issued in 2010. It is unclear how long that process could take.
Once it does take effect, the federal government will not automatically accept for deportation every person arrested under SB 1070 in Arizona, federal immigration officials said Monday.
Immigration and Customs Enforcement said it will not take action when receiving calls from local police unless the person arrested meet priorities for deportation. ICE's priorities include illegal immigrants who have been convicted of serious crimes and those who pose a threat to national security.
"ICE will not issue detainers unless they meet priorities," a Department of Homeland Security senior official said.
Justice Anthony Kennedy wrote the majority opinion. He said it was improper for the lower courts to enjoin Section 2, which requires law enforcement to check immigration status, "without some showing that (the section's) enforcement in fact conflicts with federal immigration law and its objectives."
"The mandatory nature of the status checks does not interfere with the federal immigration scheme," he wrote. "The federal scheme thus leaves room for a policy requiring state officials to contact ICE as a routine matter."
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