April 2012
America Live with Megyn Kelly
SB 1070 Heard April 25, 2012 at US Supreme Court
Cautious Optimism For Arizona
COURT EXCERPTS and COMMENTS
The court spent the bulk of its time on SB 1070's Section 2, which includes the requirement that law enforcement check an individual's legal status in certain situations during a (lawful) stop, detainment or arrest.
Solicitor General Donald Verrilli argued that Arizona can't enforce this and other parts of SB 1070 because federal immigration law is the authority of the federal government alone. Verrilli said SB 1070 "maximizes the apprehension of unlawful aliens" and conflicts with federal priorities. But justices seemed skeptical and, at times, highly critical of Verrilli's argument.
Justice Antonin Scalia: "The state has no power to close its borders to people who have no right to be there? What does sovereignty mean if it does not include the ability to secure your own borders? Arizona is not trying to kick out somebody the federal government has not said does not belong here."
Chief Justice John Roberts: "I don't see the problem, This is not an effort to enforce federal law. It's an effort to tell you about violations of federal law. It seems to me the federal government just doesn't want to know who is here illegally."
Justices Sonia Sotomayor and Stephen Breyer, considered two of the court's more liberal justices, seemed to have a mixed opinion on this portion of the law. Both appeared concerned that it may lead to authorities detaining individuals longer while determining their immigration status, but they did not seem concerned with requiring local law enforcement to question individuals about their legal status.
Justice Sonia Sotomayor (not buying Verrilli's arguement): "Come up with something else,"
Verrilli: "allowing this part of the law to go into effect will lead to "mass incarceration of illegal immigrants."
Justice Antonin Scalia (countered): "Solve the problem of mass incarceration by simply deporting these people."
Verrilli: "allowing Arizona to question and incarcerate illegal immigrants raises significant foreign-relations issues."
Justice Antonin Scalia (dismissing Verrilli's arguement): "We have to enforce our laws in a manner that will please Mexico?"
Verrilli: "allowing this part of the law to go into effect will lead to mass incarceration of illegal immigrants."
Justice Antonin Scalia (countered): "Solve the problem of mass incarceration by simply deporting these people."
