Here’s the definitive summary of the ruling from SCOTUS Blog. (If you don’t follow the SCOTUS Blog, you should be… shame on you!)
Here is a rundown on the Court’s ruling with respect to each relevant challenge:
1. Police Checks. Section 2(B) of the law requires the police to check the immigration status of persons whom they detain before releasing them. The Court held that the lower courts were wrong to prevent this provision from going into effect while its lawfulness is being litigated. It was not sufficiently clear that the provision would be held preempted, the Court held. The Court took pains to point out that the law, on its face, prohibits stops based on race or national origin and provides that the stops must be conducted consistent with federal immigration and civil rights laws. However, it held open that the provision could eventually be invalidated after trial.
2. State Law Crime of Being In The Country Illegally. Although federal law already makes it illegal for someone to be in the country without proper authorization, Section 3 of the Arizona statute also makes it a state crime, subject to additional fines and possible imprisonment. The Court held that this provision was preempted and cannot be enforced. The Court held that Congress has left no room for states to regulate in this field, even to implement the federal prohibition.
3. Ban on Working In The State. Section 5(C) of the statute also makes it a state crime for undocumented immigrants from applying for a job or working in the state. It is also held preempted as imposing an obstacle to the federal regulatory system. Because Congress obviously chose not make working in the country without proper authorization a federal crime, states cannot enact additional criminal penalties Congress decided not to impose.
4. Warrantless Arrest Of Individuals Believed To Have Committed A Deportable Crime. Section 6 of the statute authorizes state law enforcement officials to arrest without a warrant any individual otherwise lawfully in the country, if law enforcement officials have probable cause to believe the individual has committed a deportable offense. The Court held that this provision is preempted. Whether and when to arrest someone for being unlawfully in the country is a question solely for the federal government.
Very interesting…. SCOTUS has left no doubt that immigration laws should be the realm of the Federal Government.
One major ruling left for this year… the Affordable Care Act, aka Obamacare. That will come Thursday.