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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Tuesday, June 26, 2012

Obama, Critics Praise Different Parts of Immigration Ruling

USA TODAY (Article by David Jackson):  Both President Obama and his critics found things to like about the Supreme Court's ruling on the Arizona immigration ruling, and both said it points to the need for new national legislation on the issue.

In a statement saying he is pleased, Obama cited the fact that the court struck down most of Arizona's law, including a provision that allowed police to arrest suspected illegal immigrants without warrants.

"What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform," Obama said. "A patchwork of state laws is not a solution to our broken immigration system -- it's part of the problem."

Obama said: "I agree with the Court that individuals cannot be detained solely to verify their immigration status. No American should ever live under a cloud of suspicion just because of what they look like."

In another statement, Gov. Jan Brewer, R-Ariz., praised the part of the court's decision upholding a provision allowing officers to check the papers of suspected illegal immigrants, calling it "a victory for the rule of law.

"It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens," Brewer said.

The court ruled in the midst of a presidential campaign in which immigration -- and the growing Hispanic vote -- is playing a major role in the race between Obama and Republican candidate Mitt Romney.

Romney, who is doing fundraising in Arizona today, said the decision underscored the need for a new immigration law, something he said Obama has failed to deliver, as reported by our OnPolitics blog.

The former Massachusetts governor did not address the specifics of the Supreme Court ruling.

"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," Romney said.

Obama has said that congressional Republicans, pushed by their Tea Party allies, have blocked a comprehensive immigration bill.

In his statement on the high court ruling, Obama did express concern about the remain provision allow police to check the papers of suspected illegal immigrants.

"Going forward, we must ensure that Arizona law enforcement officials do not enforce this law in a manner that undermines the civil rights of Americans, as the Court's decision recognizes," Obama said.

Obama also pledged to "work with anyone in Congress who's willing to make progress on comprehensive immigration reform that addresses our economic needs and security needs, and upholds our tradition as a nation of laws and a nation of immigrants."

On a 5-3 vote, the Supreme Court objected to parts of the law that had given police officers wide latitude to stop people suspected of illegal immigration.

The justices did uphold an Arizona provision that said police officers can check the immigration status of people they detain or arrest before they can be released; the court also said this rule could be subject to future challenges if it is enforced in a discriminatory manner.

The court struck down parts of the law requiring all immigrants to carry registration papers, making it a crime for an illegal immigrant to seek work or hold a job, and allowing police to arrest people without warrants upon suspicion of being illegal immigrants.

Justice Elena Kagan -- appointed by President Obama -- did not participate in the decision because she had been involved in the case as Solicitor General.

The Obama administration sued Arizona over the law, variations of which have been passed in five other states: Alabama, Georgia, Indiana, South Carolina and Utah.

The Arizona law intensified a political clash over immigration policy.

One side -- including many Republicans -- want to tighten border protection; the other -- including Obama -- wants to combine tighter borders with a pathway to citizenship for illegal immigrants who are already in the United States; critics say a pathway to citizenship amounts to amnesty for lawbreakers.

The law also produced a highly publicized, finger-wagging dispute between Obama and Gov. Brewer, who signed the Arizona immigration plan into law.

Obama said immigration problems require a comprehensive national approach, rather than a piecemeal, state-by-state approach such as the one in Arizona.

Brewer and other proponents of the law said Arizona had to act because the federal government has shirked its responsibilities.

Earlier this month, Obama said his administration will stop deportations of the children of illegal immigrants. In his statement today, the president said, "we will continue to use every federal resource to protect the safety and civil rights of all Americans, and treat all our people with dignity and respect."

Romney, who backs many of the GOP calls for an enforcement approach, has not said whether he would repeal Obama's order, saying he would pursue a complete overhaul of immigration policy.

"Today's decision underscores the need for a President who will lead on this critical issue and work in a bipartisan fashion to pursue a national immigration strategy," Romney said in his statement today. "President Obama has failed to provide any leadership on immigration. ... As Candidate Obama, he promised to present an immigration plan during his first year in office. But four years later, we are still waiting."

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