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Subscribe to RSSAs demonstrators stood outside the Supreme Court protesting the 2010 Arizona law known as SB 1070, the justices at the high court appeared sympathetic to the provision that allows police in Arizona to check the immigration status of anyone suspected of being in the U.S. illegally. NBC's Pete Williams reports.
Editor's note: In an earlier version of this story, msnbc.com erroneously described a portion of the bill under review. The section in question requires that police try to determine the immigration status of people whom they arrest or stop if there's reasonable suspicion that person is in the country illegally.
Updated 1:35 p.m. ET: The U.S. Supreme Court indicated Wednesday it appears ready to uphold one of the most controversial parts of Arizona's immigration law: a requirement that police officers check the immigration status of people they think are in the country illegally.
Wading into a highly divisive issue in the middle of a presidential campaign year, conservative and liberal justices who heard oral arguments on Wednesday morning seemed to find no strong objection to that section of the law.
Justice Anthony Kennedy, who casts the deciding vote in many cases, referred to the "social and economic disruption'' that states endure as a result of a flood of illegal immigrants and suggested that states such as Arizona have authority to act.
"You can see it's not selling very well," Justice Sonia Sotomayor, one of the more liberal-leaning judges, told Obama administration Solicitor General Donald Verrilli, referring to his arguments that the law would lead to harassment of citizens.
Arizona appeared to have a tougher time defending two other provisions of the law that are now blocked: making it a state crime to have no federal immigration papers and making it a state crime for an illegal immigrant to look for work. Neither is currently a federal crime.
The court session ran 20 minutes beyond the scheduled hour, with Verrilli arguing the case for the Obama administration and Washington attorney Paul Clement, who served as President George W. Bush’s solicitor general from 2005 to 2008, representing Arizona and its Republican governor, Jan Brewer.
Chief Justice John Roberts dismissed the administration's arguments that the Arizona law conflicted with the federal system, saying Arizona’s measure is "an effort to help you enforce federal law.''
The four conservative justices, Roberts, Kennedy, Antonin Scalia and Samuel Alito, all asked tough questions of Verrilli. Fellow conservative Justice Clarence Thomas did not ask any questions, but based on past votes is expected to support the Arizona law.
Leonida Martinez, left, from Phoenix, Ariz., and others, take part in a demonstration in front of the Supreme Court in Washington, D.C., Wednesday, as the court weighs Arizona's immigration law.
Justice Elena Kagan recused herself from the case because she had previously worked on it while serving as the solicitor general for Obama.
Verrilli tried to persuade the justices that they should view the law in its entirety and said it was inconsistent with federal immigration policy. He said the records check would allow the state to "engage effectively in mass incarceration" of undocumented immigrants.
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But Roberts said the state merely wants to notify federal authorities it has someone in custody who may be in the U.S. illegally. "It seems to me that the federal government just doesn't want to know who's here illegally and who's not," Roberts said.
NBC's Steve Handelsman reports.
The Obama administration argues that only the federal government, not states, has the right to set immigration policy. It says Arizona cannot impose immigration laws that conflict with federal laws.
Arizona says it enacted SB 1070 because the federal government has failed to stop an influx of illegal immigrants from Mexico. It says its law doesn’t conflict with federal statute, and in fact does specifically what the federal law is supposed to do.
The legislation was signed into law by Brewer in April 2010 but key parts of the law were put on hold by lower courts pending action by the Supreme Court on the challenge from the Obama administration. Arizona’s law has inspired similar laws in other states.
Brewer was on hand for the final argument of the Supreme Court's term.
Can an illegal immigrant become a lawyer?
Outside the Supreme Court, supporters and opponents of the law held their own court, giving speeches, holding banners and singing songs. At one point, supporters of the law started singing, “The Star-Spangled Banner,” The Wall Street Journal reported. Opponents joined in, and both groups sang the end of the national anthem together, the Journal reported.
The Supreme Court is expected to render a decision before the end of June.
It’s the second high-profile case involving the Obama administration to be argued this year before the Supreme Court. Last month, the court heard oral arguments on a constitutional challenge to Obama’s sweeping health care law.
One of the main architects of the Arizona law, former Republican state Sen. Russell Pearce, has described the unabated flow of illegal aliens into the country as one of the “greatest threats to our nation.”
“We have a national crisis, and yet we continue to ignore it," Pearce, who was removed from office last year in a recall election, testified on Tuesday at a U.S. Senate hearing.
NBC's Pete Williams and The Associated Press and Reuters contributed to this report.
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Illegal aliens are sucking our country dry. Look at California! I am of Spanish descent and my relatives had to enter the USA the legal way, they can too. And.. they can pay federal taxes and Social Security and state taxes and everything else Americans have to pay. Why would anyone object if they have the proper documentation? They are objecting because they DON'T have the proper documentation and they don't want to get caught. I don't know why politicians worry that if they agree they won't get the latino vote... illegal aliens can't vote. It's not like we are saying you can't be in this country, just come in the legal way and pay taxes like every other American!!!
For all you ignorant people who think it's just a matter of filling out the paperwork, paying a fee or whatever else, get educated, you have to qualify to become a resident and most people don't - do you really think people risk their lives coming here through the dessert or under trucks or whatever just to avoid some paperwork? get real.
Illegal Immigrants = new Democrat voters, along with the dead and those in prison. A winning combination for the scum bag Democraps.
I am of Mexican descent here is what i don't understand, this is MY opinion agree with it or not i do not care
How does a state that was once of mexican property plan to kick out all "illegal aliens" when much of the states residents are of mexican descent all this law does is racially profile people how is that okay?
To be honest i hope this law passes and it spreads to the rest of the west coast states. I want to see how a region where states make their money in agriculture will make ends meet when no one will work their orchards and fields. Lets see that national debt rise even more right!? Or we can keep "illegal aliens" here who add 9 billion dollars PER year to this nations economy.
Oh what about people with fake papers right? well they pay taxes too, except they cant collect on them like these "AMERICANS" can so yeah thats extra money that the IRS has no problem taking.
Why cant they just get their Visas or come to this country legally?
Do you understand how long and costly of a process is? It can take up to 16 years! and thousands of dollars to make that possible. How does anyone expect workers who are willing to take less the half of the minimum wage to pay that?
Why are only mexican immigrants being targeted? what about the asian population or the people of middle eastern descent? Oh RIGHT! its because America is scared that terrorists might cross the border again to attack this country like 9/11....but wait how many of those hijackers crossed through the mexican border? 5?6?7?.....oh no I forgot it was 0! since they crossed through Canada LEGALLY.
We want them out since they are all criminals right? statistics show that immigration has been at a standstill...No jobs=No immigration.
I really dislike what this country is coming to, all we will hear during presidential elections is how we need to stop this so called "invasion". We wont hear about how these people are exploited or how recently immigration has actually declined. I hope the right decision will be made and if not lets see the outcome.
...What part of the word "illegal" do you not understand? ...You sound like a racist. ...This is a nationalist issue, not a racial issue. ...Get a grip!
Alex- If we doport them then we are doing them a favor to keep from being exploited! The national debt does not rise or fall due to illegal workers. I would get into that more but I doubt you would understand. The cost from jailing, welfair, and free medical outway any contributions illegals may add to the economy. All illegals should be deported, that is the one point I can agree on.
Alex, it's because of racism and fear. It's fear mongering by white officials that want to keep power and they are afraid because here in Tucson, Mexicans are no longer sitting quietly they (we) are actively demanding civil and human rights. Unfortunately they have a footing due to all the elderly white ppl that actual buy-in to the fear and racism. They even manage to persuade uninformed Mexicans to sway their way with empty promises, which we all know a politician's promise is virtually useless. But they don't care as long as they maintain power they have control and if you are in control you must have someone to control, undocumented families are an easy target for all this hate and racism.
By the way, are all you people ok with all the other undocumented workers? or is it just an issue with the Mexicans? Immigrant is not sinonimous with Mexican, and Brown Skin does not equal illegal, THAT is the problem in our country (yup, OUR, I'm American) bunch of ignorant racist stereotyping lazy @$$ that think they deserve more than anyone else and want to blame their problems on everyone else who isn't like them.
Looking like the Court is going to hand Obama a tough summer. It will be interesting to see what happens to his support when they Approve SB1070 and Shoot down Obama Care in the same month
If the police stop you and you can only speak a little if any English at all, than they have that right to ask for your papers. But it is the responsibility of those who are stopped and are immigrants to carry their papers and I.D. with them at all times.
I carry my wallet and ID and present many places when asked. Banks, DMV, Police officers, Stores, ect.
that is racial profiling - some citizens don't speak english well, that is not reasonable suspicion - my neighbors kids grew up in france - speak english with an accent - they are citizens, just goes to show how racist and ignorant you are
Kent;
Good for you. I once forgot my wallet when I drove to the store. I was still ticketed and had to call my family to get my wallet. Did I complain when it happened. Yes. But I knew I was breaking the LAW. Illegal is Illegal. And in this day and age when even suntanned people get stopped you better have I.D. Nobody is above the law. Exceptions are babies and children.
it's past time the high court is siding with the rights of the states.i am sorry to say the federal govt is getting way out of hand as to dictating what the states can and cant do to govern themselfs.
Racism is wrong.
Believing that your race doesn't have to follow the same rules as everyone else - is racism.
Latinos who are here illegally - give up your racist ways, and start obeying the law.
Stop living here illegally . . .
Go home, and apply for citizenship, like the legal immigrants did..
Pretending that you don't have to obey the law, because you're Mexican, is a disgusting way to bring up your children.
Every one knows only whites from Europe can be racist.
...Or, better yet, go back home, stay and fix up your own country
No problem with the law, as long as they also question and detain (if no papers) anybody that looks Canadian as well.
I should hope the court would back Arizona! The Feds won't enforce the law then who is left... States and citizens. It's easy enough for Illegals to enter but what about terrorists wanting access to the country. Obama & Democrats just let us all hang out to dry for VOTES!
Victor, I live in Tucson also and TUSD is NOT bankrupt from providing ESL courses, where did you get that data from?? It's bankrupt from mismanagement of budgets, hiring morons like Hicks-see him showing his true colors on the Daily Show if you suspect he is not in fact a moron. And from wasting money trying to apply their racist agenda by attacking the MAS program. Wasteful spending is the problem not Undocumented Human Beings. AZ criminal justice system is only overburdened as you say b/c hate mongering racist like Arpaio waste time and money destroying families based upon their fears and belief of entitlement to power. Quit Ignorantly spreading Hate and read and study and think critically about what this is motivated by. The white ppl are scared, there are too many brown ppl and those brown ppl are demanding rights, Human and Civil rights. And just b/c a couple racists power hungry white guys made a law doesn't make it right.
This isn't about race, it's about the law! Until the law is amended, it is to be enforced. If the Feds won't or can't do it, then it is up to the state and the people of that state. The law is the Law!
Sounds like you're one of those TRAITORS whose dropped a couple of bastardoes with an ILLEGAL Whetbacko!!
RushSean Dumb Ass, Um no I am Native American and so I am really the only Legal person here and I would much rather be with a Latino than a racist jerk any day of the week. Here is a spanish lesson for you: Pendejo, ve te al verga!
Evenstar, it's not just about the law. The laws of this country used to say that it was okay to have segregation but Progress has shown us that was WRONG. So now this law is wrong and it needs to be changed, again Progress. But tearing apart families and criminalizing human being is not okay, imagine it were happening to YOU because you wanted a better life and opportunities for your children. I am sure your ancestors did it but I guess they were just lucky it wasn't an election year with the GOP looking for scapegoats to attach their inadequacies to.
A nation without laws is doomed. If we can not enforce the laws of this land then we as a nation will cease to exist. The laws of this land are to protect the people, however, being invaded from every continent (except Antartica) by illegals is forcing a financial burden on us, the legal taxpayer, and in this economy that could break our backs. Until the law is amended, it is to be enforced. If the Feds won't or can't do it, then it is up to the state and the people of that state. The law is the Law!
I am going to Mexico.
Apply for welfare. Live off the Mexican Tax Payers.
Eat Tacos and drink Tequila.
When a Mexican Police Officer asks me for my passport I will just call him a racist.
Get a sign and protest the racist police outside the Capital Building.
I will call everybody in Mexico a racist.
I will demand my rights to free education, food stamps, free College.
I will refuse to buy insurance and insist I receive free Medical care and free Cable TV.
I am sure the nice Mexicans will welcome me with open arms.
I here the Mexican Police are very nice.
ok.
Bye.
While I appreciate your perception, the harm that will be caused by this law will not only affect Mexicans, my friend. But that harsh super-empowering of lawful authority to even kill you if you fail to stop for the police will affect even your children.
You see, here in New England we still have few minorities - but that federal law which is about to happen will impact me and my family just like the Mexicans in Texas or Arizona.
So - it's not as wise as you believe it is.
When my family wishes to cross the border to visit Canada as we have done for decades with no incident, after this law goes into effect you can be certain we will have to probably give DNA samples just to prove who we are and how long we've lived in this country.
Few up here are Mexican.
It is up to American citizens and taxpayers whether immigrants naturalize immediately upon arrival or not as my ancestors all did or YOUR permissiveness to allow them to linger for decades with no substantive demonstration to prove that they intend to stay here as productive citizens. Many Americans travel to the beaches of Mexico and they, too will be substantially impacted by this law.
So - all I can say is grow up and urge your federal government to enforce the Constitution because it is sufficient law.
there is no doubt the vast majority of americans agree with az and would prefer all states do the same !! this is avery liberal site yet 77.6 percent say it is the right thing to do !! it looks like this is one thing allmost all americans can agree with and that is very rare !!!
I'm also of Spanish descent I agree with your comment have a good day
In my travels to foreign countries, they are careful to protect their immigration laws although Europe is faced with an influx of illegal immigrants (Mostly Muslims) just like the U.S. is dealing with our friends south of the border.
In Costa Rica and Panama, two of my most visited countries, you better believe that they will check your papers, passport, etc to determine if you are in the country illegally. When you enter the country you must show your return ticket to leave within their required visitor regulations. Mexico will hassle an American also until the corrupt official is properly paid. Happens every day.
Would being white and english speaking get you extra attention?
If a legal citizen is found to be speeding and have been fined but failed to pay the fine, he or she would be in trouble for breaking the law. Illegal immigrants have been breaking the laws of our country for too long. I have heard many times of how immigrants with large families such as those from Guatemala depend on food stamps to survive. If an american citizens who has paid taxes all their working life was to make such a request, he or she has to meet some tough rules to get help. It is not about immigration, it is about illegal immigration that is draining resources. Schools for instance require that parents fill an application for free meals if they do not have sufficient resources to pay for their children's meals. Since the government is not doing enough to verify the information given again the tax payer gets the screws put on. In some cases where immigrants are getting free meals for their children and if we could see the cars and the homes some lived in, no wonder we are angry. The Arizona law should be upheld because politics is playing an unnecessary game that is hurting the taxpayers.
Whether or not you get certain benefits like medical care or a public education has nothing to do with one's legal immigration status. Those laws and some court decisions have been written to cover everyone regardless of their immigration status. And since anyone born in this country is automatically a citizen, I would suggest that most of those who you think are here illegally are actually as much a citizen of this country as your are; that is, of course, if you happen to have citizenship here.
Finally it seems that the USSC is going to dope-slap this pathetic administration for not enforcing the law, and trying to force others not to enforce the law.
The sad part is that all Obama wants is votes, and he will destroy the nation if that's what it takes to be elected again.
Obama stinks on ice.
The White house is GROSSLY underestimating the number of illegal aliens in this country and basing that number on the census. Anybody knows that not everybody here illegally is going to fill out the census truthfully. Then they try to tell us that there are only about 4 million illegals here. That's a crock. There's probably 12 million without papers and four million with false papers, and then there about 4million that are from countries like China, and Eastern Europe. It's no wonder this country is going down the tube.
5 years ago they said there were 25-30 million.They should cross check against public school records.
leroy, the schools refuse to cooperate under the guise that they are not law enforcement. So the school records do not contain the information needed to find the illegals. Someone please provide a different, acceptable method of finding and deporting the millions of illegals. Letting them stay is not an option and leaving it up to ICE has not and will not work.
dupe, sorry
Orthehighway - I agree with your anger, but when you back up your own numbers with the word, "probably," I don't get a good feeling that you've done your homework. At least the WH has a census to back up their numbers. You have "probably."
Naota, that is NOT the definition of racism. Racism has nothing at all to do with laws it has to do with perceptions of others from a different race as less than human. I will say this again. YOU ARE ALL ILLEGAL! You don't want to admit it but it's true. The Native Americans and Indigenous Mexicans have an actual claim to this land whereas everyone else came here on the backs of ancestors who practiced widespread genocide and terrorism. But the Latinos will have the last laugh, it's too late. Use your time and energy wisely and enroll in a Spanish class.