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Supreme Court Decision on Arizona SB 1070 Expected as Early as Monday

25 June 2012 No Comment

Be Prepared: the United States Supreme Court decision on Arizona v. United States will be announced this week!

On April 25, 2012, the U.S. Supreme Court heard oral arguments in Arizona v. United States  (11-182), a case considering  the constitutionality of SB 1070, the Arizona immigration enforcement law commonly referred to as the “Show Me Your Papers” law.  At issue in this case is whether federal immigration laws “pre-empt” (or trump) several provisions of Arizona’s law that are designed to drive undocumented immigrants from the state.  The Supreme Court will end it’s current session on Friday, June 29th, so their decision must be rendered by then.  Also to be announced next week is their decision on health care.

The four provisions at issue in this case:

Section 2(B): Requires state and local police to attempt to determine the immigration status of any person lawfully stopped, detained, or arrested whenever there is a “reasonable suspicion” that the person is unlawfully present, and verify that status with the federal government.

Section 3: Makes it a state crime for any person to violate provisions of the federal immigration law requiring registration and the carrying of registration documents.  These actions are civil, not criminal violations under federal law.

Section 5(C): Makes it a state crime for an immigrant who is unlawfully present and not authorized to work in the United States to apply for work, solicit work in a public place, or perform work within the state.  This goes beyond federal law by criminalizing employment or the attempt to work by unauthorized individuals.  Federal law punishes  employers for “knowingly” hiring undocumented workers.

Section 6: Authorizes law enforcement officers to arrest an individual without a warrant where the officers have probable cause to believe that the individual has committed an offense that makes him or her deportable.
Keep up the mobilization,

Given the divisions in the Court, with four provisions at issue, and three possible outcomes—constitutional, unconstitutional, and split decision—for each porovision, there are a large number of possible outcomes that we might get from this case.

Their decision(s) will be announced at 9:00 am (Central) on whatever day next week they make their announcement.  THE DECISION WILL IMPACT WHAT MAY HAPPEN IN MISSISSIPPI IN THE COMING LEGISLATIVE SESSION.

MIRA, along with the Mississippi American Civil Liberties Union (ACLU), and many other of our allies concerned with basic human rights for immigrants and concerned with state pre-emption of federal immigration laws, will hold a news conference at 2:00 pm (Central) in the MIRA office to respond to the decision(s).


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