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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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The anarchists are at the gates. This is why we need to defeat Obama in November. Otherwise, our Supreme Court will be filled with more Obama Hand Puppets like Kagan and Sotomayor.
What faith are those holding the signs? Their faith is the good feeling of social justice. any country with open borders is soon to fall. At least the social justice folks will feeeel good until we go bankrupt.
And what is wrong with "records check would allow the state to "engage effectively in mass incarceration" of undocumented immigrants?" If they are here illegally, they should be incarcerated, then sent home.
It is in vain, sir, to extentuate the matter. Gentlemen may cry, Peace, Peace--but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field!
Why stand we here idle? What is it that gentlemen wish? What would they have?
Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?
Forbid it, Almighty God!
I know not what course others may take;
but as for me, give me liberty or give me death!
That Marine that Called Osama Bin Obama an idiot should have no problem getting a good job with any Republican.
Mike, its not just NBC. Its all the media that puts whatever spin they want to put on a news story. Some even outright distort the facts.
It doesn't bother me to show my ID to the police, to a cashier or to vote.
Yep. See, I told a customer years ago I needed to see his ID. He told me the check card guaranteed the check to $600.00. I told him the ID told me it was him spending his money.
Same with voting. Would you like someone to vote for you just because you had a "good buddy" on the polling staff?
Deport all undocumented criminals ... all undocumented immigrants are criminals.... No Amnesty... put the same law into place in all 50 states and start watching all the taco stands start closing down.
Once again don't let facts get in the way. The Obama administration had caught and deported 10s of thousands more illegals than the Bush administration ever did. Everybody living in this country has a decendancy of immigrants and now they don't want that to continune. How sad to think we have no room for anyne else to add to the mix.
Facts straight? I thought not. Bush had donkey democrats in congress that didn't want to enforce illegal immigration. Obama, once the republicans regained partial control of congress pushed to stop illegal immigration. If it were up to Boychild Obama he would be standing at the border handing out green cards, free voter registration passes, and kissing alot of butts!
It's not about immigration, it's about "Illegal". And it's not that we don't have the room...we don't have the money to support all the social programs!
But don't let the facts get in the way.
Lets not forget that Humberto Leal (who was here illegally) raped, tortured and murdered a 16 year old girl in San Antonio, TX. Last year, Obama tried to stop him from being executed.
In times past, the US had a quota to go by for each county. That was when people came here by boat. Now they come over, under or through the border and won't go through the turn-style.
Man I sure wish we could send back all of the wasps who came here through Ellis Island.
What a great country it would be then!
Virgle Merriitt wrote - Mexicans will never stopped. America does not have the guts for it.
Wow !! And no liberal/Obama lover here is calling that racist ?? And just think what an outcry there would be if the word "Mexican" was changed to "Whites" ?
The Federal government has the obligation to uphold the constitution. Illegal immigration is ILLEGAL. There is a process to become a legal immigrant. The guards, or other military should guard our border!
But somehow a person is not PC if they hint that they don't think the borders should be wide open to all without rules. The president and the congress should be arrested and jailed for treason for allowing it, and I'm not picking a party to scold. Both parties have been guilty on this.
The unemployment rate is off the scale (nobody believes the lie since it doesn't consider people who have just given up and run out of unemployment), the economy is in the tank and the dipweed congress thinks that somehow encouraging illegal immigration and showering illegal immigrants with benefits is okay?
Morons!
Reality check to Steve: the skilled manufacturing and office jobs that have disappeared in the recession are NOT going to be filled by any illegal immigrants no matter how many ways you spin it.
Nixon went to China in 1974. Shortly after that, I bought a pair of sweatpants made there. By 1978, I had several flannel shirts made in Germany. I suppose we did that because of WWII.
That means that we have been importing things for decades that we made here just to keep other governments happy. Between the late 70s and now, we have seen industries go to other countries, go broke or have THEM come here. In the interest of America, we need to make sure our citizens have jobs before other countries do.
Yeah, but Bob...we don't have to carry them on our backs for life. If they CAN'T fill the jobs you mention...who do you think will be paying for their lifestyle? There are plenty of skilled/educated workers who can fill those jobs and are currently out of work.
Why do you think we should fill our country with illegals? What is the benefit to our nation to have them here?
Fewer illegal immigrants than any time in the last 40 years and we need to enact laws that make us look like a third-world country?
So why don't you move to Afghanistan. They are a 'third world' country, and will be getting 2.7 billion US dollars per year for the next 10 years to secure their borders/country better than we do OURS!!!!
Sad, but true.
Then why want Oduma work with the fine citizens of Arizona.. If the BP catches Muslims, Obama just lets the terrorist go.
I'm forming a new party... The Constitutional Party. My aim as President is to enact the laws of the Constitution and bring back the founders true intent. By the end of my first term, most illegals will either be registered citizens or deported. A strict border order will read in all languages... No Trespassing! Violators risk being shot! Also, laws will be enacted to overhaul Congress. Congressmen and women will lose the Congressional pension plan. Their pay will also be severely reduce, and their job to serve the wishes of the people will be realized. Lobbies will be outlawed, so no under the table money influencing their decisions. Welfare will be reformed to get those on welfare back to work. Those on welfare will also have to do work to get a check, whether cleaning and maintaining our communities or whatever work is needed. Companies that outsource their work will pay penalties, and those who hire Americans will get tax breaks. Grants and funds will be for those who will make a difference to better America, for example, farming. Those who receive scholarships will lose their scholarships if they don't maintain their grades and good citizenship. Equal rights will be established for everyone, not special treatment for minority races. Those are some of the items of my platform. Unfortunately, this new party will not be ready for this election. If everything goes well, look for us in 2016. If you like what you see so far, be looking for us. The Constitutional Party will bring America back to its greatness! We will serve America, not ourselves.
Sign me up.
Canada and Iceland have five parties and none of them have a majority. Makes for lots of work for whoever wants to get a bill going.
I like what you're saying so far. What have you got on foreign policy?
The Justice Dep't. messing with Arizona state law, when they should be MESSING with the corrupt OIL CORPORATES who have created a MONOPOLY against other corporates and worst of all the 99% American People! We can't feed our families because of gasoline ON THE STOCK MARKET! Whose country is this? It is supposed to be ALL THE AMERICANS AND NOT JUST THE CORRUPT CORPORATES & their REPUBLICAN POLITICAL PUPPETS! SEC take that damn oil stock off the stock exchange just the same as any other corrupt corporates!
Vote STRAIGHT DEMOCRATIC, the lives you save WILL be your OWN & your CHILDREN!
TR
Who is your Employer?
Vote straight dem ticket and get hosed on immigration. Obama is against the states having any authority. Dems will bleed this country dry. We are in serious financial crisis in case you haven't noticed.
You make Democrats look dumber with every post. Carry on.
Only a liberal thinks the 3.5% profits the evil oil companies make is obscene but the 17% taxes imposed by the government is just right. I suppose the $24 billion they paid in taxes last year isn't enough for you either?
I have worked with illegals before and they will tell you they do NOT want to be a US citizen. They get too many free benefits by working the system, having children in US hospitals, hiding behind cash only pay, and using fake or another person's ID. I wouldn't mind them in this country if they could be here legally and contributing through taxes in a legal manner. Then the churches get into the picture which is fine except for the fact that their answer never addresses the problem. Churches need to use their resources to reach out to these people and to only help them to become legal citizens. It appears that the only reason the powers that be, politicians, religious leaders, the ACLU, want to fight a serious change in immigration is for the money. There is no other factual reason to fight these changes. The moral question that it is the right thing to let these people try to make a better life even if it is an illegal one would be answered if they directed their attention to calling these illegals on their motivation as to whether they actually want to be citizens. The Wal-Mart de Mexico corruption is headed onto US soil. Just because that is just the way it is done does not make it right that some get advantages over others. Don't turn away from the problem just because you think nothing can be done or its part of life. There are ways to make things right and still reach out to those that want to make a better life here in the US. Its better than the way US citizens get treated when going to Mexico. The way other countries treat US citizens is nowhere near the level that the US treats those that come here.
And to those that have come here and jumped through every hoop the government required, spent hard earned money, and waited through the whole process... thank you and congratulations for wanting to be here and doing it the right way.
Perhaps churches need to be
taxedfined for every person they bring over here. Perhaps, since they want to sponsor these people, they should be held accountable to the TAXPAYER for their actions. I am all for that.My church hasn't asked anyone to come across the border illegally.
I do think that churches should pay property tax, at least on the land. That would keep the Catholic Church out of the real estate business.
I am amazed you go go church with the racist crap coming out of your mouth. You need to pay attention better to the sermon.
Illegal immigration is for the benefit of corporate society, needing ever cheaper labor. It is totally against the working taxpayer who is held up for health and welfare payment to the illegal immigrants upkeep. The Federal government is a spendthrift catering to special interests which is not following the procedure of a Democracy.
So racist scoundrels what shall we do moving forward? Have each individual state determine it's own foreign policy to apease the fear stricken morons who are the bought and paid for lackies of souless corporate masters? Since you are all too stupid to shape your own reponses check in with Darth Vader or whoever it is that does your thinking for you and get back to me. On the other hand don't please continue to sh@t the nest and chocke on it.
If the Feds are weak and corrupt and want defend your state from foreign invaders, the state has every God given right to defend itself. Brian - we can ship all the criminals to your neighborhood. It is like saying the local police are to protect my family. Takers brake into my home in the middle of the night with no police around. What should I do? 1. take out my S&W 38 special and defend myself 2. Let the Takers kill my family since the police should protect me. Liberals social justice types are depict-able!
BrianC, QUIT WITH THE RACIST B.S.!!!! It is not a racial issue. That is something someone says when they are loosing the argument.
Actually, as illegal immigration happens within our borders, the States would be determining their own domestic policies.
Border states have no choice but to enforce immigrations laws that the Federal government is refusing to deal with. Obama, Bush, Clinton...all are guilty. These border states end up suffering the financial burden as a result of our Federal governments apathy.
It started with Reagan. He is the one that granted amnesty to those who were here illegally. He is also the one that started the whole "trickle down economics" thing. I, for one, am really tired of being trickled on.