After meeting behind closed doors on Friday to review the Obama Administration challenge to Arizona’s controversial immigration law, SB 1070, the Supreme Court of the United States (SCOTUS) has agreed to decide on the law. Justice Elena Kagan will be recused from deciding on the case. This is probably due to her work on the law as the Administration’s Solicitor General.
The Administration has been conducting a fight against states with laws targeting immigrants. Alabama, South Carolina and Utah have similar laws and are facing federal law suits. The federal government claims that the job of enforcing immigration laws is a federal responsibility not a state’s. The states that have passed a law claim that the federal government is not enforcing them.
Immigration is a hot issue, along with Obama Care and redistricting in Texas. All these cases will be heard next year prior to the 2012 election. An estimated 11 Million illegal immigrants reside in the US. GOP Presidential candidates have discussed the issue during several of the 12 debates. The only agreement is that the border must be controlled before any other actions can be taken.
In urging the court to hear the immigration case, Arizona said the administration’s contention that states “are powerless to use their own resources to enforce federal immigration standards without the express blessing of the federal executive goes to the heart of our nation’s system of dual sovereignty and cooperative federalism.”
Many other state and local governments have taken steps aimed at reducing the effects of illegal immigration, the state said.
But the administration has argued that the various legal challenges making their way through the system provide a reason to wait and see how other courts rule.
In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge’s ruling halting enforcement of several provisions of Arizona’s S.B. 1070. Among the blocked provisions: requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant. CBS News