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Old     (WaterBullDawg)      Join Date: Mar 2010       06-25-2012, 9:29 AM Reply   
There were two issues up in the air:

The provision that allowed officer's to arrest someone without a warrant if they had probable cause that they were committing an offense that would get them deported and the provision requiring officers who have already stopped or detained somone to make an inquiry in certain circumstances, into the immigration status of the individual.

The Court struck down the first one because it enlarges the arrest authority of state cops, who Congress have made it expressly clear have very limited authority when it comes to immigration enforcement, as opposed to immigration agents.

Teh Court upheld the second provision because all it does is require cops to verify immigration status with INS and other immigration services, which is not something at odds with federal law so as to be preempted.

Very reasonable decision by the Court.


_ A requirement that police, while enforcing other laws, question
people's immigration status if officers have reasonable suspicion
they're in the country illegally.


1. A requirement that all immigrants obtain or carry immigration registration papers.

2. A provision making it a state criminal offense for an illegal immigrant to seek work or hold a job.

3. A provision that would allow police to arrest suspected illegal immigrants without warrants.

The question on one, the provision that it is up for review, the Hispanic Community can challenge if they can show the law discriminates based on racial and ethnic grounds. That will be difficult not to show, I doubt a lot of Danish, Korean,or Ukrainian speaking people will be asked to prove they are citizens. Still, I don't have a problem with the law, or Clement's argument to keep it. The fact is, Illegal Immigration is an issue, and that the overwhelming majority are from south of the border.

Kennedy writing that opinion means, based on opinion count for this term, it is now highly likely CJ Roberts is writing the healthcare opinion. Or at least likely. Chatt or other lawyers please correct me on this if this isn't the case. If that is the case, then history says that the healthcare law is getting overturned.


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