IBJNews

High Court reacts skeptically to immigration-law challenge

Back to TopCommentsE-mailPrint

Bucking the Obama administration, Supreme Court justices seemed to find little trouble Wednesday with major parts of Arizona's tough immigration law that require police to check the legal status of people they stop for other reasons.

But the fate of other provisions that make Arizona state crimes out of immigration violations was unclear in the court's final argument of the term.

The latest clash between states and the administration turns on the extent of individual states' roles in dealing with the nation's 11 million illegal immigrants. Immigration policy is essentially under the federal government's control, but a half-dozen Republican-dominated states, including Indiana, have passed their own restrictions out of frustration with what they call Washington's inaction to combat an illegal flood.

Parts of laws adopted by Alabama, Georgia, Indiana, South Carolina and Utah also are on hold pending the high court's decision.

Civil rights groups say the Arizona law and those in some other states encourage racial profiling and ethnic stereotyping, and debate over such laws could have an impact on this fall's elections. More than 200 protesters gathered outside the court, most of them opposed to the Arizona law.

However, in an unusual comment, Chief Justice John Roberts made clear at the outset of the administration's argument Wednesday that the court was looking only at state-versus-federal power, not the civil rights concerns that already are the subject of other lawsuits. "So this is not a case about ethnic profiling," Roberts said.

That matter dealt with, both liberal and conservative justices reacted skeptically to the administration's argument that the state exceeded its authority when it made the records check, and another provision allowing suspected illegal immigrants to be arrested without warrants, part of the Arizona law aimed at driving illegal immigrants elsewhere.

"You can see it's not selling very well," Justice Sonia Sotomayor told Solicitor General Donald Verrilli Jr.

Verrilli tried to convince the justices that they should view the law in its entirety, and as inconsistent with federal immigration policy. He said the records check would allow the state to "engage effectively in mass incarceration" of immigrants lacking documentation.

He said the law embodying Arizona's approach of maximum enforcement conflicts with a more nuanced federal immigration policy that seeks to balance national security, law enforcement, foreign policy, human rights and the rights of law-abiding citizens and immigrants.

But Roberts was among those on the court who took issue with Verrilli's characterization of the check of immigration status, saying the state merely wants to notify federal authorities it has someone in custody who may be in the U.S. illegally. "It seems to me that the federal government just doesn't want to know who's here illegally and who's not," Roberts said.

Verrilli did not mention Wednesday that the administration has deported nearly 400,000 people a year, far more than previous administrations, although the information was included in written submissions to the court.

The other provisions that have been put on hold by lower federal courts make it a state crime for immigrants not to have registration papers and for illegal immigrants to seek work or hold jobs. Arizona's Republican Gov. Jan Brewer, who signed the law two years ago, was at the court Wednesday.

Arguing for Arizona, Paul Clement said the state law mirrored federal immigration law and that the state it took action because, with its 370-mile border with Mexico, Arizona "bears a disproportionate share of the costs of illegal immigration."

But Roberts expressed unease with the state's focus on illegal workers. "The State of Arizona, in this case, is imposing some significantly greater sanctions," he said.

Alone among the justices, Antonin Scalia appeared ready to uphold the entire law, which he described as an effort by Arizona to police its borders.

When Verrilli said that Arizona's immigration law could raise foreign policy concerns, especially with Mexico, Scalia said, "So we have to enforce our laws in a manner that will please Mexico. Is that what you're saying?"

Outside the courthouse, more than 200 protesters gathered. The law's opponents made up a clear majority of the crowd, chanting and carrying signs such as "Do I Look Illegal To You?" Some shouted "shame" at Brewer when she emerged from the building after the argument.

Brewer told reporters she was "very, very encouraged" by the justices' questions.

Republicans have far outpaced Democrats in pushing tough anti-immigration laws, posing potential political problems in some states for GOP candidates including Mitt Romney. The Republicans' aggressive stand has alienated many Hispanic voters, one of the electorate's fastest-growing segments.

President Barack Obama won two-thirds of the Hispanic vote in 2008, and hopes to do better this fall. In the GOP primary contests, Romney took the harshest anti-illegal immigration stance among the top contenders, but he has had little to say lately on the issue. Romney has not taken on stand on legislation proposed by Sen. Marco Rubio, R-Fla., that would allow some undocumented immigrants a chance at visas to remain in the United States.

More than a decade ago, Republicans were making inroads among Hispanic voters. President George W. Bush, a former Texas governor, favored comprehensive immigration reform that could have established pathways to legal status for millions of illegal immigrants. But staunchly anti-illegal immigration forces gained influence in the GOP, and the reform plans were dropped.

Hispanic voters are especially important in a few battleground states that will help determine the Nov. 6 presidential election. They include Florida, New Mexico, Nevada and Colorado. Romney's problems with Hispanics also might tempt Obama's campaign to make a push in Arizona, usually a reliably Republican state.

A recent poll of Hispanic voters by the Pew Research Center found that 67 percent supported Obama, and 27 percent Romney.

A decision in the high-profile immigration case is expected in late June.

California, New York and nine other states with significant immigrant populations support the Obama administration.

Florida, Michigan and 14 other states, many of which also are challenging Obama's health care overhaul, argue that Arizona's law does not conflict with federal law.

Justice Elena Kagan, who was Obama's first solicitor general, is not taking part in the case, presumably because she worked on it while in the Justice Department.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. So the Mayor adds another non value added layer to having a vehicle towed? Whereby the City Government RECIEVES AN ILLEGAL KICKBACK FROM A LGOISTICS COMPANY THAT SUBS THE WORK TO LOCAL TOW COMPANIES? What is the service the City performs for receiving the "tribute"? This is RICO!!!!! What a corrupt and unnecessary layer. What a dirtbag Mayor and his cronies.

  2. Owner occupied housing. Clear enough?

  3. So people think I am paranoid. It's from experience in dealing with puds requested by developers who make major donations themselves to representatives, have nice fund raisers for those running for office and hide through pac's. then there are the public relation firms. You will note some pr comments below. You there Clyde Lee? My opinion. Commercial along 421, great. Multifamily housing, terrible idea that will change the town. Senior condos or zero lot line homes west, great. I suggest keeping all entries to commercial areas at 421. All entries to owner occupied on sycamore. Will keep the traffic on sycamore down some. Two other things. You can't trust what will be there in 10 years. Steve builds quality stuff, but areas change over time. Look at the changes at the wall mart center at 86th and 421 over the last 10 years. Look at the apartments and neighborhoods behind St Vincent's. Raintree properties WILL decrease in value if commercial and multifamily goes in near. It has already been happening around the bridges area. The houses that have been sold recently are way below market. Several deals not closed due to the Illinois construction and the whole unsurety of the bridges. It's pretty simple, Zionsville will approve the whole thing because the city council has been groomed over a LONG period of time for this. I might even suggest some are in their position as a result of this.

  4. Esta, do you have a dog in this fight? You seem to really want to knock anyone against this project. No, I didn't move to Indiana for the architecture. I moved here for that red barn in the field. The horses and fields of corn. A place that is NOT overdeveloped. There are plenty of nearby places in Indianapolis that could be REDEVELOPED instead.

  5. RKW - OK, we get it, you're paranoid. The question is, are you paranoid enough? Greg - Yes, Pittman(s) is (are) at it again. They are developers, they build things. It's what they do. So when you go to work tomorrow, Greg, you're at it again too. Cliff - Really? You moved to Indiana for its progressive architecture? That's like moving to England for the cuisine. Zionsvillain - The house you moved to was once a field or woods. I'm willing to bet folks were upset when that ground was plowed under and a house was built. But I guess now that you are in, everything should stop? "My house was OK, but the next one is sprawl." SE Guy - Please don't paint us with such a wide brush. Most reasonable Zionsville residents welcome planned, measured development.

ADVERTISEMENT