May 29, 2011

Immigration Crackdown: Supreme Court Dives Into Arizona's Immigration Laws

This ariticle explains important differences in legal issues between the Arizona law regarding employee hiring - which the Supreme Court upheld this week - and S.B. 1070, which raises issues of individual rights, equal protection and due process - on which the Court will be ruling.

Supreme Court Dives Into Arizona's Immigration Laws - Andrew Cohen - National - The Atlantic: "Arizona's licensing law is very different in law and fact from those portions of S.B. 1070 which were passed last year by state officials and subsequently blocked by the federal courts. The more recent Arizona provisions, among other things, would require state law enforcement officials to stop and fine people suspected of being unlawful immigrants. They thus implicate significant individual rights and constitutional standards -- of equal protection, of due process, etc. -- which weren't even mentioned, let alone analyzed, by either side in the Whiting case. Thursday's ruling was about statutory construction. The next Supreme Court battle over Arizona's immigration initiatives will be about the Constitution itself."

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