The Supreme Court’s opinion in Arizona’s SB1070 fits nicely with the Presidential election. In a bit of coincidental timing, Mitt Romney happens to be in Arizona today at a fundraiser. And he has basically lined up with the Arizona law, most of which was overturned today as pre-empted by federal oversight.
Arizona Governor Jan Brewer put on a brave face and described the ruling as a “victory,” because it did not quite invalidate the entire law. However, it left wide open an overturning of the one key provision that remains. That’s the “show your papers” part of the law. If actual Arizona implementation violates federal statutes or results in unconstitutional equal protection violations, it can be challenged again. In Arizona, the home of Joe Arpaio, that is almost certain to happen; this law can and will be revisited at a later date. Having most of the law thrown out before implementation isn’t anything that could conceivably be described as a “victory” (something we’ll probably find out on Thursday, relative to the health care law).
Then you have how this ruling will impact all the copycat provisions around the country, most of which build off the model legislation of SB 1070. Immigration laws in Alabama and Mississippi and elsewhere will have to be revisited as well.
It’s possible, I suppose, that conservatives could be newly energized by the overturning, and will take that out on politicians in November. But that assumes they weren’t already energized by voting out the Kenyan socialist. On the other hand, the state overreach on immigration plays into the argument the President made at the National Association of Latino Elected and Appointed Officials last Friday. In it, he said that Republicans should take the blame for blocking immigration reform. I don’t know that I totally believe that, but it’s true that the Republican Party has drifted completely away from the McCain-Kennedy-Bush days of seeking a comprehensive solution.
On the same day as this speech, a Romney campaign official said that as President, the presumptive Republican nominee would rescind the deferred action directive for DREAM-eligible students. Clearly, the base of the Republican Party now favors self-deportation and sharply opposes anything they could call amnesty, and they want the kind of state laws that the Supreme Court just struck down.
If that doesn’t call eligible Latino voters to action across the country, it’s hard to see what would.
And you can see this in the reactions to the law from political leaders. Chuck Schumer stressed that the ruling shows the need for a comprehensive solution at the federal level as the only alternative to the issue. “This decision tells us that states cannot take the law into their own hands and makes it clear that the only real solution to immigration reform is a comprehensive federal law. The decision should importune Republicans and Democrats to work together on this issue in a bipartisan way,” he wrote.
And Harry Reid, who did express concern over the “show your papers” provision morphing into racial profiling, also stressed that Congress must act on a comprehensive solution, and he added, “Looking ahead to the immigration debate, it is disturbing that Mitt Romney called the unconstitutional Arizona law a ‘model’ for immigration reform. Laws that legalize discrimination are not compatible with our nation’s ideals and traditions of equal rights, and the idea that such an unconstitutional law should serve as a ‘model’ for national reform is far outside the American mainstream.”
So that’s going to be the Democratic strategy through the election. And the Supreme Court provided a spur for it today.
…The fact that Romney refuses to comment on the immigration ruling should tell you something.
UPDATE: The President did release a statement on the ruling, and while he calls himself “pleased” at the Court striking down most of the provisions, he exhibits concern over the “papers please” part of the law:
At the same time, I remain concerned about the practical impact of the remaining provision of the Arizona law that requires local law enforcement officials to check the immigration status of anyone they even suspect to be here illegally. 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. 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. Furthermore, we will continue to enforce our immigration laws by focusing on our most important priorities like border security and criminals who endanger our communities, and not, for example, students who earn their education – which is why the Department of Homeland Security announced earlier this month that it will lift the shadow of deportation from young people who were brought to the United States as children through no fault of their own.
The rest is a renewed call to Congress to work on comprehensive immigration reform, stating that a patchwork of state laws will not work to provide the needed clarity to the system.




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Well I’m certainly heartened that Team Obama will be using racial profiling as a campaign issue–after completely failing to make this argument at the Supreme Court in the SB1070 case. How opportunistic, as usual. Right now the only legal twitching on that issue is a Federal district court case by MALDEF and LULAC targeting racial profiling. From the White House–crickets chirping.
The residue of “Show your papers” is not good. It will be intimidating. Unnecessary as well, since AZ can”t enforce the rest anyway.
AZ needs to trip up once and get taken back to court to finish it off.
BTW did ALEC have anything to do with the AZ law as a “template?”
Re ALEC and SB1070, check this out.
Always someone or something behind the screen pulling strings. Thnx!
OK, this cinches it: At this point, unless the economy tanks and the voters blame Obama for it, Romney’s toast.
Michigan, Romney’s home state, just flipped into the Obama column, giving Obama 269 electoral votes — and he only needs 270 to win. If he flips Iowa, he’s over the top; but he’d much rather flip Florida and make it plain that Romney can’t win this thing.
And guess what Obama’s stances WRT end-running GOP opposition to the DREAM Act, as well as opposing SB1070, do for him among Latino voters? They boost him rather nicely.
That’s probably why Tim Pawlenty, who was so eager to be McCain’s running mate four years ago that he pushed to have the RNC held in Saint Paul (he thought he’d be on the RNC stage with McCain holding his hand, you see), and who ran a fairly scrappy albeit underfunded primary campaign in 2011-12, has politely bummed out Larry O’Donnell by announcing his non-desire to be picked as R-$’s running mate. Pawlenty’s waiting for 2016, and he doesn’t want the freshest and most important part of his 2016 résumé to be “Was 2012 GOP running mate to guy who couldn’t even win his home state — either of them”.
Ha, ha, ha, ha, ha, ha, ha, ha, ha! It’s true, they only detain people for exercising the right to free speech.
Here in America we profile all the time. I was stopped driving a G20 Infinity, while wearing a baseball cap sideways. I said to the State Trooper after giving him license and registration, “Geez, I’m not black, I’m not a kid, I violated no law and you’re profiling based on type of vehicle.” Having been pegged, he handed me back both items and at least said have a good day. The auto was my son’s. He was stopped twice without probable cause, even thought his inspection sticker and registration both showed as valid on the computer system used to verify, on stops. Problem was the local dudes, chumps, who stopped him both said the inspection sticker came up expired. In both instances the cops lied right through their pearly whites. Personal connections who have access to that system, in both instances, a check of the system showed everything was valid. The cops lied.
This was a clear case of profiling, due to car being driven. They where sniffing looking for anything to railroad people. The rancid side of humanity??
In Nazi Germany Jews where forced to wear David’s star. No need to profile. What we are witnessing in Arizona is no different. “Your papers please!” Scapegoating and blaming immigrants, legal or not for your economic misfortunes in Arizona, hence America as brownshirted Nazis blamed Jews for economic realities in Germany, is disgusting. Why not hand the immigrant marijuana leave symbol to be wore on derriere? However, I’m sympathetic to the legitimate security concerns of the residents of this state, as all Americans should be, as long as it is not “rouse” for state sponsored discrimination/segregation. We know how dubious/manipulative corporations and their purchased /bought politicians are when protecting the business models of folks, to own people?
I see this ruling from the Supreme Court of Corporatia as just another in a line of judicial support for business uber alles. Companies in tourism, restaurant, and agribusiness have been hurt badly by repressive immigration laws which have driven immigrants out of states. This will no doubt help them out considerably.
The Republican vow to rescind Obama’s stay on student deportation is precisely why Obama’s effort was doomed to fail. Families in the immigrant community are not idiots. They understand that a decision to stand down prosecution is not the same as a change in the law and were, correctly, hesitant to come forward and take part in the program.
Half-way measures, like Obama’s, which fail the tests of leadership, commitment and integrity don’t fool anyone these days.
We, here in the Sonoran Desert, have vociferiously opposed SB 1070, given the history of Arizona law enforcement’s specialty for “racial profiling.”
And by way of background, the Navajo Tribal Government approved a Resolution in their initial opposition to SB 1070, along with the companion piece that is HB 2281, and this Resolution was premised on “We all look alike.”
Of course, Arizona’s history for racial profiling goes back nearly 30 years at least, and when the state police, the Arizona Department of Public Safety was conducting comprehensive profiling. Prior to her joining the Obama administration as the Secretary of Homeland Security, Governor Napolitano directed the Department of Public Safety (DPS) to enter into a court-approved Consent Decree that prohibited the DPS from racial profiling. And one of the outcomes was to “collect” the data from all traffic stops, and since this inception of the Decree, the Republican Jan Brewer has yet to announce or make all data publicly available that has been collected.
Consequently, today’s “Three Down and One to Go!” seems to be both prudent and practicable. And the ACLU has a pending date in federal court to he-activate its class action lawsuit on racial profiling or “papers pleez.”
Jaango
Can’t we all just agree that the federal government has preëmptive constitutional authority over immigration and border control and that it generally exercises that authority in a manner that caters to American employers’ demand for cheaper workers with fewer rights?