© Miri WTPOTUS June 25, 2012
Today, in a 5 to 3 decision, the Supreme Court struck down three of the four provisions of the Arizona Immigration statute, S.B. 1070. Justice Kagan recused herself from the case.
Upheld was the provision that allowed AZ law enforcement officers to check identification to see if persons routinely stopped are in the country legally.
The bottom line is that the Court ruled that immigration is under the control of the federal government and, so it seems, the system set up by Congress allows the current administration to apply “discretion” in determining who to arrest and what to do with them. The Court ruling stated
As a general rule, it is not a crime for a removable alien to remain in the United States. The federal scheme instructs when it is appropriate to arrest an alien during the removal process.
The Court appeared to rule that the Attorney General (currently Eric Holder) holds the power to issue warrants to arrest illegal aliens, or not. Therefore, state officials cannot interfere in the federal government’s process by arresting illegal aliens without a warrant, if their only crime is to be illegally in our country.
This is something that the NEXT CONGRESS ought to fix. The Court also says that their crime is a “civil” violation. Something else that the NEXT CONGRESS ought to fix.
Welcome to open border country, folks. This is WHY the next election is so crucial. Either we have a system that respects the rule of law, and an administration that upholds the rule of law, or we lose our country and its sovereignty. It’s as simple as that.
Statistics. Something that the Obama Administration loves (see Fast and Furious) but which, in this case, will come back to bite them. This means that state officials can compile statistics on the number of illegal aliens identified by state law enforcement but then let go by the federal government.
This is a developing story, so updates and analysis can take place in comments.