The Supreme Court almost got it right.
Monday’s ruling on immigration struck down the bulk of Arizona’s 2010 immigration law, leaving the highly contentious “papers, please,” portion intact.
The court ruled Arizona may not force immigrants to carry immigration papers, make it a crime for an illegal immigrant to hold a job, or let police arrest suspected illegals without a warrant.
The justices upheld the most contentious provision that allows police to check the immigration status of anyone they stop for a legitimate cause and whom they have a “reasonable suspicion” of being in the country illegally.
Problems inherent with this provision include racial profiling, harassment and prolonged detention of American citizens.
The good news is the high court said the door is still open on this last provision because as of yet, it has never been ruled on, though currently a pending lawsuit in Arizona challenges the law on racial profiling grounds.
Still, as President Obama said, “no American should ever live under a cloud of suspicion just because of what they look like.”
In general, the Supreme Court found that the new Arizona law — written, in part, by Kansas’ Kris Kobach — interferes with federal law.
Arizona, the court said, cannot declare itself sovereign and write its own immigration laws. This should be a clear warning to other states considering similar legislation that the task is fruitless.
The ruling is a victory only in the sense that it prevented bad legislation from becoming worse. Congress needs to own up to the task of making citizenship possible for the millions who would make excellent U.S. citizens.
— Susan Lynn
