Skip to main content

The Supreme Court and Immigration Arizona v. United States

The Supreme Court issued its decision in Arizona v. United States, in a resounding defeat for the anti-immigration movement, the Court affirmatively stated that three of the four provisions in question are PREEMPTED by Federal law, and most importantly that the show me your papers provision must be NARROWLY construed and enforced in order for it to remain constitutional, essentially inviting further challenges should there be any hint of racial profiling in its enforcement.

In order to enforce a show me your papers provisions, the State would have to check the immigration status of EVERY person, in EVERY stop, for EVERY crime, EVERY time. Short of doing this, racial profiling will occur, since there could be NO legitimate way to determine someones immigration status. Especially since the Supreme Court struck down the provision that that barred the Arizona from stopping people because they had a reasonable cause to believe they were undocumented. This is a KEY part of the HB 87, Section 8, so we have much to celebrate. Because Section 8 has a key provision requiring police to check of the immigration status of anyone the have reasonable cause to believe is undocumented. Section 8 cannot be enforced without this provision being removed and the police checking the immigration status of EVERYONE they stop and/or arrest.

Further, because Section 7 of the Georgia's HB 87, dealing with harboring and trafficking, was NOT part of the Supreme Court case in Arizona, we remain confident that the Court of Appeals will uphold the District Court and strike down this section of HB 87. The bottom line? This is a terrific decision, a HUGE blow to the anti-immigration movement and the likes of Kris Kobach and his ilk who wrote the Arizona law and helped Rep. Matt Ramsey write Georgia's HB 87.

Let me end with a quote from Justice Kennedy's decision today:

The United States has established that §§3, 5(C), and 6
of S. B. 1070 are preempted. It was improper, however, to
enjoin §2(B) before the state courts had an opportunity to
construe it and without some showing that enforcement of
the provision in fact conflicts with federal immigration law
and its objectives.


Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…


Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…