High court to look at Ariz. immigration law

CBS/iStockphoto

Last Updated 9:47 a.m. ET

WASHINGTON - The Supreme Court has agreed to decide a case involving Arizona's controversial anti-illegal immigration law, S.B. 1070.

Arizona has asked the justices to allow the state to begin enforcing measures that have been blocked by lower courts at the Obama administration's request. Among those provisions is one that requires police, while enforcing other laws, to question a person's immigration status if officers suspect he is in the country illegally.

On Monday the court announced it would decide Arizona v. United States, the S.B. 1070 case. Justice Elena Kagan will be recused, presumably due to her work in the Obama Administration as Solicitor General.

Arizona v. United States, 11-182 (Scotusblog.com)

The Obama administration is waging a furious legal fight against a patchwork of state laws targeting illegal immigrants. Laws similar to Arizona's - in Alabama, South Carolina and Utah - also are facing administration lawsuits. Private groups are suing over immigration measures adopted in Georgia and Indiana.

The Justice Department says regulating immigration is the job of the federal government, not states.

Arizona counters that the federal government isn't doing enough to address illegal immigration and that border states are suffering disproportionately.

Judge blocks Alabama immigration law
Justice Dept. sues over S.C.'s new immigration law
Feds sue Utah over immigration law

The announcement that the Court will hear Arizona v. United States adds another politically charged dispute between a Republican-dominated state and the Democratic administration to the court's election-year lineup. The immigration case would be heard and decided at roughly the same time as the constitutional challenge to President Barack Obama's health care overhaul. On Friday, the justices intervened in a partisan fight over redistricting in Texas. That case will be heard in January.

Supreme Court halts new Texas electoral maps

In urging the court to hear the immigration case, Arizona said the administration's contention that states "are powerless to use their own resources to enforce federal immigration standards without the express blessing of the federal executive goes to the heart of our nation's system of dual sovereignty and cooperative federalism."

Many other state and local governments have taken steps aimed at reducing the effects of illegal immigration, the state said.

But the administration has argued that the various legal challenges making their way through the system provide a reason to wait and see how other courts rule.

In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of several provisions of Arizona's S.B. 1070. Among the blocked provisions: requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant.

Court won't lift stay on Ariz. immigration law

In October, the federal appeals court in Atlanta blocked parts of the Alabama law that forced public schools to check the immigration status of students and allowed police to file criminal charges against people who are unable to prove their citizenship.

Court blocks Ala. from checking student status

Lawsuits in South Carolina and Utah are not as far along.

[PyRO_sTEVO]

When did we lose our common sense? Our Government, has allowed the invasion of 30 million criminals in direct violation of Article IV, Section IV of our Constitution. they force American tax payers to pay Billions to provide Welfare, Prison cells, Educate the invaders children, free medical care,massive document fraud, & are destroying our schools, hospitals, communities, culture while Robbing, Raping, Killing & Assaulting American Citizens WE ARE BEING INVADED! WAKE UP PEOPLE!
An education is a good thing.

step #1 http://******/oBuTUd
http://www.youtube.com/watch?v=-NVT7lyNRZQ&feature=player_embedded
http://www.youtube.com/watch?v=tsH8xvjTAlo
http://www.youtube.com/watch?v=Btj6IeOFkis&feature=player_embedded
http://immigrationcounters.com/
http://ojjpac.org/memorial.asp
http://www.immigrationshumancost.org/
http://www.newswithviews.com/Wooldridge/frosty580.htm
http://www.youtube.com/watch?v=muw22wTePqQ
http://www.foxnews.com/us/2010/07/02/immigration-costs-fair-amnesty-educations-costs-reform/
http://www.rense.com/general81/dtli.htm
http://www.wnd.com/?pageId=41045
http://www.cairco.org/econ/econ.html
http://www.diggersrealm.com/mt/archives/003335.html
Every Non-representative including obama and holder are not upholding the oath of office! they swore to defend the Constitution! If these clowns were to do their job, this would all be a Moot point!
Anchors and their criminal parents go, period, you knew you were breaking the law when you crossed the border.
Next shut down any business hiring illegal labor. Oh and owners go to jail.
any better ideas? lets hear them!

[PyRO_sTEVO]

I come for visit, get treated regal,
So I stay, who care I illegal?
I cross border, poor and broke,
Take bus, see employment folk.
Nice man treat me good in there,
Say I need to see welfare.
Welfare say, "You come no more,
We send cash right to your door."
Welfare checks, they make you
wealthy,

Medicaid it keep you healthy!
By and by, I got plenty money,
Thanks to you, American dummy.
Write to friends in motherland,
Tell them come as fast as you can.
They come in rags and Chebby
trucks,

I buy big house with welfare bucks.
They come here, we live together,
More welfare checks, it gets better!
Fourteen families they moving in,
But neighbor's patience wearing thin.
Finally, white guy moves away,
Now I buy his house, and then I say,
"Find more aliens for house to rent."

And in the yard I put a tent.
Send for family (they just trash),
But they, too, draw the welfare cash!
Everything is mucho good,
And soon we own the neighborhood.
We have hobby--it's called breeding,
Welfare pay for baby feeding.
Kids need dentist? Wife need pills?
We get free! We got no bills!

American crazy! He pay all year,
To keep welfare running here.
We think America darn good place!
Too darn good for the white man
race.

If they no like us, they can go,
Got lots of room in Mexico

[RealiteBites]

This is a tough one ...

There seems to be a huge divide in sentiment depending on whether a person's a citizen of a state that borders on Mexico. Like the people of Arizona seem to have immigration as a higher priority than people the country over as a whole, and they want more action done.

And Presidential candidates are the opposite - they tend to want to court the latino vote, which makes them want to be lax.

So the elephant in the room to the Sovereinty question is the underlying substantive policy agreement - which makes it a really loaded issue.

Also, it cuts both ways - like maybe Arizona wants to have the freedom to make their own tougher immigration laws. But on the other hand, by wanting immigration laws to be local, they would lose out on being able to access Federal funding to help out with enforcement.

And theoretically, what about if a border State decides they want to be lax? But then illegals migrate to other states who don't share a border with Mexico, who then has greater problems cracking down?

Tricky issue - purely on the Sovereignty question, if it were happening in a bubble and the underlying substantive issue weren't part of the equation (when in reality it ALWAYS is), it would seem to clearly fall within the Federal domain (commerce, defense). But the Court doesn't work that way ... 66/33 I say they classify it as Federal ...

[RealiteBites]

oops - mean to say the elephant in the room is the underlying policy DISagreement ... there seems to be a fairly big divide when it comes to the sense of urgency, and the degree of toughness to use in cracking down ...

[rwsmith29456]

A state should not have to make such laws. THE FEDS SHOULD ENFORCE THE LAWS THAT ARE ALREADY ON THE BOOKS. The states are forced to take action because the Feds won't.

[saturn05]

Try going to Mexico illegally. If the U.S. isn't going to do anything about illegals, then let the states take care of the problem.

[wolfmagic2012]

After Citizen's United, and before the right-wing balance gets tipped back, don't trust this kangaroo court to do anything that amounts to justice.

[civa57]

Scott Pelley used the words "strict" and "tough" to describe the illegal immigration laws passed in Arizona. Adjectives like these imply opinion on the part of CBS. Please report the news and keep your opinions to yourself, unless you are willing to provide a claim on air that some of the news you report is CBS opinion.

[username555-2009]

Gee, I wonder how Justice Sotomayor will vote on this decision. She has been cited on many occasions as being vocally against Arizona S.B. 1070. I doubt she has the moral fiber to recuse herself or rule on the facts, however.

[Well_You_Aint_Me]

Not too worry Justice Elena Kagan will be recused. So that leaves only three Demo justices and five GOP.

Alito, Thomas Scalia, Kennedy, and Roberts may vote for AZ

Ginsberg, Sotomayor, and Bryer likely to vote BHO/Holder

[bilrobi1]

Will the Justice Kennedy recuse himself? He has very right wing leanings. I suspect that Justice Sotomayor has far more insight about this than you. Does a Supreme court Justice have be a Fascist at least in your clearlt limited little world? Would you feel better if Justice Sotomayor was named Jane Smith?

[DenverBroncofan]

All that should be reviewed is the implementation accross the nation

[temple1962]

America needs to wake look out in the back yard and see complete strangers sleeping on the patio, dumping their garbage cans and defecating on sidewalk. This is what is happening to property owners and taxpayers in Arizona and it has nothing to do with RACE or IMMIGRATION!