The U.S. Supreme Court struck down Monday key parts of an Arizona law that sought to deter illegal immigration, but let stand a controversial provision that lets police check a person’s immigration status while enforcing other laws.
In a decision sure to ripple across the political landscape in a presidential election year, the court’s 5-3 ruling upheld the authority of the federal government to set immigration policy and laws.
“The national government has significant power to regulate immigration,” Justice Anthony Kennedy wrote in the majority opinion. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermined federal law.”
The Supreme Court concluded that the federal government has the power to block the law — known as SB1070. Yet the court let stand one of the most controversial parts of the bill — a provision that lets police check a person’s immigration status while enforcing other laws if “reasonable suspicion” exists that the person is in the United States illegally.
“There is a basic uncertainty about what the law means and how it will be enforced,” Kennedy wrote. “At this stage, without the benefit of a definitive interpretation from state courts, it would be inappropriate to assume (the provision) will be construed in a way that creates a conflict with federal law.”
Kennedy made clear that Arizona authorities had to enforce the immigration status checks in compliance with federal law or face certain constitutional challenges.
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The Arizona Department of Public Safety and the Arizona Association of Chiefs of Police said it wasn’t immediately clear whether authorities would begin checking motorists’ immigration status while enforcing other laws and referred questions to the Arizona attorney general’s office. The office did not immediately return a call from CNN seeking comment on Monday.
Opponents of the Arizona law said the so-called “show me your papers” provision will lead to racial profiling.
“I know they will not be using that kind of tactic on people with the last name Roberts, Romney, or Brewer, but if your name is something like Gutierrez or Chung or Obama, watch out,” said Democratic Rep. Luis Gutierrez of Illinois, a member of the Congressional Hispanic Caucus. “The express goal of the authors of Arizona’s SB1070 is to make life miserable for immigrants so that they will leave, and a key tool in that effort was upheld by the court.”
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