Monday, December 12, 2011

Supreme Court to hear Arizona's Immigration Law

The Supreme Court has given certiorari to the Arizona case dealing with illegal immigrants. However the Supreme Court will only address the following questions:


  • Section 2(B), which requires local police officers to investigate the immigration status of any person they stop or detain whom they possess “reasonable suspicion” to believe is unlawfully present in the United States;
  • Section 3, which makes it a crime under Arizona law for foreign nationals to fail to carry or apply for registration papers provided by the federal government;
  • Section 5, which makes it a crime under Arizona law for immigrants to solicit, apply for, or perform work without federal employment authorization; and
  • Section 6, which authorizes local police officers to arrest foreign nationals whom they have “probable cause” to believe have committed an offense making them deportable from the United States.
Thus the court has thankfully left the bigger question of whether individual states have the right to rule on Federal Immigration issue alone.  Knowing that the justices are conservative, they would probably rule for State rights which would create a mess.

Justice Kagan is recusing herself. This means that the court will be heavily Conservative. And most probably they will rule for Arizona's ability to keep the provisions alive. However in Alabama, a German Manager from a Mercedes Benz plant and a Japanese Manager from a Honda plant was detained by police.  These companies will eventually leave Alabama. So good luck to the businesses in Arizona. 

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information

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