Arizona Immigration Law

[Voronwë the Faithful]

The SCOTUS issued a split decision today, upholding the controversial "papers please" provision, but largely gutting the law other than that. From the little I have seen, it sounds like as much of a victory for the administration as they could have hoped for after oral argument. Remember that they were only challenging the law on federal supremecy grounds, not on equal protection grounds. There is a separate lawsuit that is currently winding its way through the courts that challenges the papers please provision on equal protection grounds, and the court apparently acknowledge that challenge in its decision today (I haven't read it).

Supreme Court strikes down most of Arizona immigration law

[vison]

I understand the fear of "racial profiling", but at the same time, if you are stopped for some violation or committing a crime, is there a constitutional issue about asking for proof of citizenship or immigrant status?

If it was applied to everyone?

I, personally, think it's wrong of the police to demand "papers", it smacks of the old USSR.

But maybe this is a sort of compromise?

[nerdanel]

I understand the fear of "racial profiling", but at the same time, if you are stopped for some violation or committing a crime, is there a constitutional issue about asking for proof of citizenship or immigrant status?

If it was applied to everyone?

I think the concern is that it is difficult if not impossible to make sure that it is applied to everyone. E.g., I think the fear is that there will be a spate of pulling over brown (essentially, Latino- or Asian-appearing) drivers for driving 50 in a 45 mph zone, then checking their papers. Yes, technically such people are "violating the law" - but trivial violations that would be overlooked if a white person committed them can be enforced against brown people with the specific-but-difficult-to-prove intent of checking immigration status (rather than neutrally to enforce the underlying law).

There could indeed be a constitutional issue if the law is so enforced, and I am sure that watchdog groups nationally will be watching the Arizona police very, very closely. In rejecting the facial challenge to this provision, Justice Kennedy clarified that the Court was not foreclosing as-applied challenges to the law after it goes into effect.