Home > immigration, law > Supreme Court Strikes Down Most of Arizona Immigration Law Because Federal Govt. is Taking Care of It.

Supreme Court Strikes Down Most of Arizona Immigration Law Because Federal Govt. is Taking Care of It.

The ruling sucks.  And don’t let anyone tell you that the “key provision” is still alive.  No it isn’t.  The only part that’s left is the provision that allows officers to try and figure out if someone they arrested for something else is here illegally.  Big Deal.  They still can’t arrest someone for being here illegally.  Why?  Because that’s the federal government’s job.  And don’t get me wrong; it is the federal government’s job.  The Constitution states that immigration is the job of the federal government.  What happens when the federal government fails in its job, however?  In his dissenting opinion, Justice Scalia offers the following:

A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude.  So the issue is a stark one.  Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws?

Scalia is obviously calling out the Obama Administration here, although it could be equally levied at the Bush Administration.  The obvious problem with only allowing the Feds to handle illegal immigration is that they aren’t doing it.  And to be more specific, the Executive Branch, i.e., the Barry Administration, isn’t doing it.

Civics flashback: The Legislative Branch creates law.  The Executive Branch enforces law.  Congress has passed legislation regarding illegal immigration.  In fact, the language of Arizona’s law is virtually identical to federal law dealing with illegals.  It’s Obama’s job to enforce the immigration laws that are on the books.  And we’re not just talking about tossing the illegals out, but taking steps to keep them out.  While it has been deporting people, it has taken no steps to control the border.  And let’s not forget Obama’s proclamation made last week about no longer deporting anyone who meets certain qualifications.  In other words, in his effort to pander to the growing Latino population, Barry has decided to stop enforcing the law.

All of this creates an intriguing issue for the States, particularly the ones on the border.  They can’t build their own wall, they can’t patrol their own borders, and now they can’t arrest illegals for being there illegally.  What is to be done about an administration that has expressly told everyone that it is no longer going to enforce the law?  I’m not sure.  It will probably involve several States suing the Department of Homeland Security, for its willful failure to enforce the law.   Whatever happens, it’s going to take a lot of time and money, and all because we have a radical President who only enforces the laws that suit his ideology.

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