• 12
  • December
    2011

The U.S. Supreme Court decided today that it will hear Arizona v. United States. The case involves the federal administration's challenge to Arizona's 2010 immigration law. The Court's decision on this issue could change the way state governments approach immigration issues. While Florida immigration law avoided reform last year, Indiana, Georgia, South Carolina and Alabama have all passed immigration enforcement bills similar to Arizona's law.

Arizona Senate Bill 1070, the Support Our Law Enforcement and Safe Neighborhoods Act, was signed into law in 2010. The Act required police officers to check the immigration status of individuals during a lawful stop, detention or arrest when they reasonably suspected the individuals to be illegal immigrants.

The U.S. Department of Justice successfully challenged the law, stating that only the federal government could enforce immigration laws. A federal judge issued an injunction the day before the law would have taken effect, putting the law on hold.

What's at stake in Arizona v. United States?

When the U.S. Supreme Court hears this case, it will answer whether Arizona's immigration law is constitutional. In other words, can states create laws to combat illegal immigration and, if so, to what extent?

"There is no reason [for the Supreme Court] to step in now," said Solicitor General Donald Verrilli, Jr. about the Supreme Court's decision. According to the administration, state and local governments do not have the right to make their own policies for immigration law and deportation because immigration is a federal issue.

State and local governments contend that the federal government is not moving forward on immigration "reform," and, therefore, they must act. Governments across the country are creating and enforcing their own immigration policies, many unwritten and against federal law.

The Supreme Court decision in Arizona v. United States will likely come during the height of the 2012 election season and in the midst of intense debate. We will have to wait to see if the current U.S. Supreme Court will follow precedent and uphold the federal government's authority over immigration issues or will find a loophole allowing states to come up with their own immigration enforcement policies.

Source: USA Today, "High Court Will Look at State Immigration Laws," Joan Biskupic, Dec. 12, 2011.