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The Spectacle Blog
At CFIF, I lament today’s Supreme Court decision on the Arizona immigration law.
View all comments (26) | Leave a comment
More Blog Posts by Quin Hillyer
http://spectator.org/blog/2012/06/25/my-take-on-az-case-obama-won
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btims86| 6.25.12 @ 1:18PM
The political elite both in this country and around the world, want never-ending mass immigration. They want it to purposefully destroy national sovereignty and the notion of one country, one culture, one group of pe0ple. Thus they are forever fighting against the enforcement of borders and immigration laws.
Bob K| 6.25.12 @ 2:19PM
The Democrat party honchos want it because they think they will get more votes for the party and return to power but they will end up sharing party power with Latino Political leaders and losing Reagan democrat voters.
The Republican Party honchos want it because they want cheap labor which they think will help turn our drooping economy around and in turn get votes for the party candidates.
Meanwhile the country will continue to circle the drain!
TLP| 6.25.12 @ 1:53PM
"The President Won."
No Sh*t.
C. Vernon Crisler | 6.25.12 @ 1:54PM
I hardly think this is a win for Obama. He lost on the main issue, which was the immigration check.
Occam's Tool| 6.25.12 @ 2:14PM
This one should have been a slam dunk. Only a lawyer can tell me why a State Law supporting a Federal Law is not Constitutional.
RCV| 6.25.12 @ 4:17PM
If you read the Court's opinion, it is entirely clear why this is so, and I think most lawyers would agree.
Al Adab| 6.25.12 @ 5:49PM
The ruling ALLOWS the State to take action, check status and act accordingly. It is the administration which perceives this as a defeat and their directive to refuse action if and when requested by AZ authorities demonstrates the fact. AZ will have to act on its own behalf faced with federal refusal to enforce the law.
RCV| 6.25.12 @ 6:55PM
See my response on the other post, Al Adab. Here's what the Court actually said:
"Detaining individuals solely to verify their immigration status would raise constitutional concerns. And it would disrupt the federal framework to put state officers in the position of holding aliens in custody for possible unlawful presence without federal direction and supervision. The program put in place by Congress does not allow state or local officers to adopt this enforcement mechanism."
The opinion struck down the provision allowing Arizona to arrest people based on immigration violations, or to deny them the right to seek employment.
Oldefarte| 6.25.12 @ 2:37PM
I partially disagree since states now have a legal seat at the immigration enforcement table; police can now legally check immigrants statuses when they stop/question illegals; the current problem results from federal NON-ENFORCEMENT of immigration AND THAT CAN BE REMEDIED BY ELECTING REPUBLICANS AND ROMNEY:
'.....The U.S. Supreme Court upheld a key part of Arizona's crackdown on illegal immigrants on Monday, rejecting the Obama administration's stance that only the U.S. government should enforce immigration laws in the United States.The nation's highest court, in an opinion by Justice Anthony Kennedy, unanimously upheld the state law's most controversial aspect, requiring police officers to check the immigration status of people they stop.But in a split decision, the justices also ruled that the three other challenged provisions went too far in intruding on federal law, including one that makes it a crime for illegal immigrants to work and another that requires them to carry their documents."Arizona may have understandable frustrations with the problems caused by illegal immigration ... but the state may not pursue policies that undermine federal law," Justice Kennedy wrote in a 25-page opinion.
Kennedy said the mandatory nature of police checks did not interfere with the federal immigration scheme, and found unpersuasive the Obama administration's argument that this portion of the law must be preempted at this stage......'
Oldefarte| 6.25.12 @ 3:18PM
Those po-poing this decision must then agree with the alternative by Democrats:
'....Democrats said the decision shows President Barack Obama was right to challenge the law's constitutionality and praised him for deferring the deportation of some young illegal immigrants. But they also said the decisions could encourage discrimination."I am greatly concerned that the provision putting American citizens in danger of being detained by police unless they carry their immigration papers at all times will lead to a system of racial profiling," said Senate Majority Leader Harry Reid, a Democrat from swing-state Nevada.....'
JeffPerren | 6.25.12 @ 2:57PM
“As a general rule, it is not a crime for aremovable [sic] alien to remain in the United States.”
Huh?
C. Vernon Crisler | 6.25.12 @ 3:07PM
IOW, it's not a felony.
btims86| 6.25.12 @ 3:21PM
It's a misdeamnor to be in the country illegally, however since most illegals wind up taking jobs, they most often violate other misdemeanors and felonies - such as social security fraud, identity theft, income tax evasion, driving without a license, etc.
Also if an illegal is caught and deported.....if they return to the USA, it is then a felony and many, many illegals have been caught and deported and returned over and over.
C. Vernon Crisler | 6.25.12 @ 3:28PM
Yes, reentry is a felony. Also, if an illegal has commited a felony or has misdemeanor drugs or violence charges, he can go to jail for a long time.
But the Court was not referring to criminal illegals, but to non-criminal aliens. Their punishment is deportation -- when the federal government is doing its job.
darcy| 6.25.12 @ 3:40PM
"Oh well," Mr. Hillyer, is hardly an adequate response to the opinion of the SC on SB1070. Quelle horreur would come close, but even it lacks the sword-in-the-gut feel, the betrayal by our government, that must now be reverberating all across the land.
RCV| 6.25.12 @ 4:57PM
Quinn is exactly right on this one. One only need read the first paragraph of Scalia's dissent to realize what a crushing victory for the federal government this is. Either Jan Brewer is just dumb or she's pretending when she announced her delight at the Court's ruling this morning.
C. Vernon Crisler | 6.25.12 @ 11:08PM
For all of us here in Arizona, the immigration check was the big thing.
RCV| 6.26.12 @ 11:52AM
Here's what the Court had to say about the immigration check provision, which it simply said by itself is not unconstitutional on its face, but may be in practice if it conflicts with federal immigration policy.
"Detaining individuals solely to verify their immigration status would raise constitutional concerns. And it would disrupt the federal framework to put state officers in the position of holding aliens in custody for possible unlawful presence without federal direction and supervision. The program put in place by Congress does not allow state or local officers to adopt this enforcement mechanism."
Oldefarte| 6.26.12 @ 4:57PM
Again ANY state immigration law is worthless if/until the federal government is willing to DO ITS JOB OF DEPORTATION. If Arizona police arrest etc an illegal and thereafter turn him over to ICE for deportation and ICE then does not deport and releases him from custody, what good does the Arizona law provide:
'.....Conservative talk radio king Rush Limbaugh thinks Supreme Court Justice Antonin Scalia is 100 percent correct in his opposition to the court’s repeal of two elements of Arizona’s controversial immigration law.“Scalia is so right on money on this. It boggles the mind,” Limbaugh said on the air Monday, Politico reports. “All Arizona did was write a law that mirrors the federal law that Obama was not enforcing. And the court told them today they can’t do that. It’s disheartening".....'
Oldefarte| 6.26.12 @ 11:11AM
If Brewer is 'just dumb', then many of the rest of us are also......but that is you liberals typical BULLEXCREMENT! You lost, and furthermore your ars will be grass in November when the FINAL SOLUTION to this and many other similar problems presently will be effected. Until them, enjoy your 15 minutes of fame, 'cause yo gig is up 11/6/12!!!!!!!!
RCV| 6.26.12 @ 11:48AM
Keep telling yourself that, Oldfarte, if it makes you feel better. But your days are over.
Oldefarte| 6.26.12 @ 4:59PM
Speaking of "dumb".....Quin's name is spelled with one "n" not two!!!!!!!!!
Oldefarte| 6.26.12 @ 5:22PM
Hey, want "dumb" try this:
'.....The Justice Department has set up a hotline for the public to report potential civil rights concerns regarding the Arizona law that requires police to check the immigration status of those they stop for other reasons.The hotline phone number is 1-855-353-1010. The email is: SB1070(at)usdoj.gov.The Supreme Court unanimously approved Arizona's "show-me-your-papers" requirement on Monday but struck down provisions that created state crimes allowing local police to arrest people for federal immigration violations.In his majority opinion, Justice Anthony Kennedy also said the law could — and suggested it should — be read to avoid concerns that status checks could lead to prolonged detention.He said detaining individuals solely to verify their immigration status would raise constitutional concerns. But he did not define what would constitute excessive detention.....'
Oldefarte| 6.26.12 @ 4:44PM
"My days"? What do I/me have to do with with it? It's the GD country's days, since same is dying a slow death from this moron you and yours have put into the WH. If by "your' you possibly mean conservatives or Republicans, then what does that say about you and yours? I'll admit I was incorrect and ignorant before 11/4/08, as I absolutely did not think it possible that this country could be so GD STUPID as to elect him POTUS, but I was wrong big time. I thought that this country was smarter than that, since only dumbarses with a -10 IQ should be capable of making such an asinine decision to vote for him, but again I was wrong. The important thing for you idiots in his corner to note is not that "my days are over" but that it is also YOUR DAYS AS WELL THAT ARE OVER IF THIS IMBICILE IS RE-ELECTED, SINCE EVERYONE WILL BE EFFECTED ACCORDINGLY!!!!!!!!!!
Oldefarte| 6.26.12 @ 5:36PM
Yeah, this is "just dumb":
'.... “I was shocked. I was outraged. I thought, you know, this is politics at its best,” Brewer told Fox News’s Greta Van Susteren in an interview Monday night.“It’s just unconscionable. What they said to Arizona is: ‘Drop dead, Arizona, drop dead, and go away. We’re going to ignore you,’” the Republican added, suggesting the action by the Department of Homeland Security was prompted by the court’s ruling that upheld the state’s right to stop and question a person’s immigration status.Brewer said the decision by Homeland to rescind the joint arrest agreement, known as 287g — which essentially deputizes state and local police to detain illegal immigrants — would also affect the state’s ability to use federal data bases to help “verify” illegal immigrants.
“I guess I shouldn’t be surprised . . . From the beginning, they have downplayed the border situation that Arizona faces on a daily basis in regards to security,” Brewer said. “They have certainly ignored our pleas for them to do the job.”“It just is incomprehensible to think that this has all taken place today,” the governor continued. “And it ticks me off. I think that it should tick the people of America off.”
Asked whether the Homeland decision on 287g could be appealed, Brewer sounded doubtful.
“It is their program. And it’s almost become apparent that they can do whatever they darn well want,” she said..........'