WASHINGTON -- Clothing its ruling in the language of respect for federal power, the U.S. Supreme Court has just unleashed state and local police to act freely and aggressively as federal immigration officers. The decision is bad news for the Romney campaign -- already struggling with the Latino vote -- because it will likely increase the sense of paranoia and oppression in an already beset but vast national community.
True, the decision could have been much worse from the immigrant community's point of view. The high court struck down "round up" provisions that would have allowed state and local police to detain anyone they found without proper papers. The justices also made sweeping statements reaffirming that the overall power to control immigration and immigration laws rests with the federal government.
And the court's first and only Hispanic justice, Sonia Sotomayor, joined the majority opinion.
But the court upheld the specifics of Arizona law SB 1070 that require local officers to seek to determine the immigration status of anyone they stop for another violation -- no matter how minor -- if they have a reasonable doubt that the person they have stopped may not be a legal resident of the United States.
"It turns the police into immigration officers and that is a terrible narrative for the Latino community," said Maria Teresa Kumar of Voto Latino, a non-partisan organization that works to register Latino voters. "The headlines in the Hispanic media will be uniformly negative."
The problem for the Romney campaign is that the ruling upholds one of the most invasive features of the law in the eyes of many Latinos, who have expressed fear that police will use racial characteristics to identify suspects even if they claim they will not.
As the presumptive GOP nominee, Mitt Romney is trying to moderate his stands on immigration issues, but he is likely to lose voters whichever way he turns on this one. Praise the court and he offends Latinos; fault it and he offends social conservatives who have made a crackdown on the undocumented a key Tea Party plank.
The ruling in at least one specific sense could be a boon to the Obama campaign. Since possession of a valid driver's license is, under the Arizona law, sufficient proof of citizenship, the ruling will force legal residents and citizens to get them if they don't have them.
There's no better place to run a registration drive than at or near a DMV. Most of those voters are likely to be Democrats, or at least Obama supporters.
More generally, the Obama campaign can reach out sympathetically to the Latino community. That could matter in swing states, especially Colorado, Nevada, Florida, North Carolina and Virginia.
The president can also say that on the larger constitutional question -- who controls immigration law -- the court agreed with his administration.
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Arizona Gov. Jan Brewer (R)
<a href="http://www.azgovernor.gov/dms/upload/PR_062512_SB107SCRuling.pdf" target="_hplink">Via her official website:</a> "Today's decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution."
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President Barack Obama
"I am pleased that the Supreme Court has struck down key provisions of Arizona's immigration law. What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform. A patchwork of state laws is not a solution to our broken immigration system - it's part of the problem." "At the same time, I remain concerned about the practical impact of the remaining provision of the Arizona law that requires local law enforcement officials to check the immigration status of anyone they even suspect to be here illegally. I agree with the Court that individuals cannot be detained solely to verify their immigration status. No American should ever live under a cloud of suspicion just because of what they look like. Going forward, we must ensure that Arizona law enforcement officials do not enforce this law in a manner that undermines the civil rights of Americans, as the Court's decision recognizes. Furthermore, we will continue to enforce our immigration laws by focusing on our most important priorities like border security and criminals who endanger our communities, and not, for example, students who earn their education - which is why the Department of Homeland Security announced earlier this month that it will lift the shadow of deportation from young people who were brought to the United States as children through no fault of their own." "I will work with anyone in Congress who's willing to make progress on comprehensive immigration reform that addresses our economic needs and security needs, and upholds our tradition as a nation of laws and a nation of immigrants. And in the meantime, we will continue to use every federal resource to protect the safety and civil rights of all Americans, and treat all our people with dignity and respect. We can solve these challenges not in spite of our most cherished values - but because of them. What makes us American is not a question of what we look like or what our names are. What makes us American is our shared belief in the enduring promise of this country - and our shared responsibility to leave it more generous and more hopeful than we found it."
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U.S. Congressional Candidate Andrei Cherny (D-Ariz.)
<a href="https://twitter.com/AndreiCherny/status/217264814148431872" target="_hplink">Via Twitter:</a> "The fact remains about #SB1070 that its a bad law. Arpaio needs to be held accountable not given more powers. Congress must act on reform."
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Senate Democratic Leader David Schapira
Via <a href="http://azsenatedems.blogspot.com/2012/06/statements-on-sb1070-ruling.html" target="_hplink">AZ Senate Dems</a>: "The Supreme Court has sent two messages today: that states cannot pass policies that undermine federal law and that Congress must act on comprehensive reform in order to address this issue and avoid these kinds of legal conflicts. We cannot begin to honestly solve the issue of illegal immigration until those in Congress are willing to have meaningful discussions on comprehensive reform." "Recently, the President took action because of the failure of Congress to act. Predictably, the knee-jerk reaction of extremists like Jan Brewer and her Tea Party Republicans was to trash good policy in favor of their worn-out politics of the past. This is exactly the type of politics that is taking Arizona backwards." "It's time for Arizona to turn to a new chapter, to leave behind the extreme and divisive politics that have dominated this state. It's time to work together to create jobs and improve education, things that Governor Brewer and her Tea Party Republicans in the Legislature have failed to do."
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State Sen. Steve Gallardo (D)
Via <a href="http://azsenatedems.blogspot.com/2012/06/statements-on-sb1070-ruling.html" target="_hplink">AZ Senate Dems</a>: "After President Obama's bold move on immigration, people who for all intents and purposes are living as Americans and contributing to our society are able to step out of the shadows, live without fear of deportation and keep working and going to school here." "SB1070 has created a hostile environment for Latinos in Arizona and has done nothing but pander to the extreme political right while damaging Arizona's reputation and economy at a time we can least afford. The people of Arizona are tired of these partisan Republican games." "Americans favor President Obama's policy change by a two-to-one margin. Even the Arizona GOP spokesman admitted that it might be time for that party to reconsider its Russell Pearce approach to immigration." "The truth is, it's long past time and today's ruling doesn't change the fact that Arizona's Republican-led legislature has done nothing to create jobs or restore the devastating cuts they have made to our kids' schools." --
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U.S. Senate Candidate Richard Carmona (D)
"For decades, politicians in Washington have talked about this problem, but nothing ever gets done and Arizonans continue to shoulder the burden of a broken immigration system. SB 1070 is a product of the federal government's failure to act. Today's ruling does not help us secure the border, and it does not provide a solution for the 400,000 undocumented people living in Arizona." "As a deputy sheriff of a border county, I've witnessed first hand the human cost of not having a workable solution. I've seen the results of the violence and drugs, and I know the terrible toll that has taken on our community. But SB 1070 doesn't help local law enforcement fix the problem. It's a distraction that hinders our ability to build trust with the communities we serve." "Our immigration problems are complex, but the solutions are simple: secure the border, develop a pathway to earn legal status and enact the DREAM Act. Leadership on this issue takes courage, but it also requires politicians to stop using immigration as a wedge issue to score political points." "It wasn't long ago that two diametrically opposed leaders -- President George W. Bush and the late Senator Ted Kennedy -- came together to try to solve the problem. There was even a time when Senator John McCain and Congressman Jeff Flake favored a comprehensive approach that was practical and fair. It's going to take a more honest debate and the political will to get it done - and that's what's been missing in Washington."
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Sen. Chuck Grassley (R-Iowa)
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Sen. Chuck Schumer (D-NY)
"This is as strong a repudiation of the Arizona law as one could expect given that the law has not been implemented yet. Three linchpins of the Arizona law were struck down by a convincing majority of the Court as clearly violating federal law, and a fourth is on thin legal ice. The Court is sending a stern warning to Arizona that the provision allowing local law enforcement to check people's immigration documents cannot be implemented in a discriminatory or draconian way, or it will be thrown out like the rest of the law." "This decision tells us that states cannot take the law into their own hands and makes it clear that the only real solution to immigration reform is a comprehensive federal law. The decision should importune Republicans and Democrats to work together on this issue in a bipartisan way."
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Sen. Harry Reid (D-Nev.)
"The Supreme Court was right to strike down the vast majority of the Arizona law. With three out of the four provisions being struck down, the ruling shows that the Obama administration was right to challenge this law, which was not just ill-advised but also unconstitutional. "I am greatly concerned that the provision putting American citizens in danger of being detained by police unless they carry their immigration papers at all times will lead to a system of racial profiling. This is a strong reminder that ultimately, the responsibility for fixing our nation's broken immigration system lies with Congress. President Obama's decision to defer deportation of young people brought here through no fault of their own was necessary precisely because Republicans have so far refused to work with Democrats on forging common-sense solutions to our immigration challenge that are fair, tough and practical. Immigration reform should continue securing our borders; punish unscrupulous employers who exploit immigrants and undercut American wages; pass the DREAM Act; and require the 11 million who are undocumented to register with the government, learn English, pay fines, pay taxes and go to the end of the line to legalize their status." "Looking ahead to the immigration debate, it is disturbing that Mitt Romney called the unconstitutional Arizona law a 'model' for immigration reform. Laws that legalize discrimination are not compatible with our nation's ideals and traditions of equal rights, and the idea that such an unconstitutional law should serve as a 'model' for national reform is far outside the American mainstream."
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Former Sen. Rick Santorum (R-Pa.)
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Rep. Lamar Smith (R-Texas)
"I am disappointed by the Supreme Court's decision today, which limits the ability of states to protect their citizens and communities from illegal immigrants. It is the federal government's job to enforce our immigration laws, but President Obama has willfully neglected this responsibility. This dereliction of duty has left states to address the crime, job loss, and other costs of illegal immigration. "Unfortunately, under this Administration, today's ruling essentially puts an end to immigration enforcement since the states no longer can step in and fill the void created by the Obama administration. This is especially bad news for border states since they have to deal with border violence, drug trafficking and illegal immigration. "Throughout the past three years, President Obama and his administration have ignored our immigration laws and have encouraged more illegal immigration by their actions. President Obama has abused his executive branch authority to allow potentially millions of illegal immigrants to live and work in the U.S. And under this Administration, worksite enforcement has plummeted 70%, allowing illegal immigrants to hold jobs while 13 million Americans are looking for work. "According to a recent poll, two-thirds of the American people want to see our laws enforced. But President Obama puts illegal immigrants and his partisan agenda ahead of the interests of the American people. If our immigration laws are going to be enforced, we need a new President this January who will enforce immigration laws, not deliberately ignore them." (Photo by Mark Wilson/Getty Images)
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Sens. Jon Kyl & John McCain (R-Ariz.)
"While we still want to fully review the Supreme Court's decision, today's ruling appears to validate a key component of Arizona's immigration law, SB 1070. The Arizona law was born out of the state's frustration with the burdens that illegal immigration and continued drug smuggling impose on its schools, hospitals, criminal justice system and fragile desert environment, and an administration that chooses to set enforcement policies based on a political agenda, not the laws as written by Congress. We will continue our efforts on behalf of the citizens of Arizona to secure our southern border. We believe Arizonans are better served when state and federal officials work as partners to protect our citizens rather than as litigants in a courtroom."
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Rep. Paul Gosar (R-Ariz.)
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Rep. Ben Quayle (R-Ariz.)
"I find it unfortunate that the Supreme Court struck down some provisions of S.B. 1070. The federal government has failed spectacularly in its duty to enforce immigration laws, and Arizona's law simply sought to fill the enforcement void left by this failure. I'm glad to see the court uphold the central part of this law however. "Under this ruling, police will have the opportunity to check the legal status of individuals in the course of enforcing other laws. This is a major victory in Arizona's efforts to give law enforcement new tools to enforce the law where the Obama Administration will not. Until we obtain operational control of our southern border and fully enforce current laws, we can't have a credible, substantive conversation on immigration reform. By enhancing the enforcement of our immigration laws, this ruling puts us on that path."
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Rep. David Schweikert (R-Ariz.)
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RNC Chairman Reince Priebus
"Once again we are reminded that President Obama has failed to keep his promise on immigration reform. In the absence of presidential leadership, states have acted on their own to serve their people and enforce the law, but the issue cannot fully be resolved with a president unwilling to keep his promises. This decision makes that job even more difficult, and it leaves Americans waiting for a plan the president promised to deliver years ago."
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Rep. Luis Gutierrez (D-Ill.)
"The Supreme Court dealt a blow to the anti-immigrant movement, but also dealt a blow to Latinos and immigrants living in the United States. This threatens the safety of all Americans and undermines the fundamental relationship between police and the communities they serve, and I am proud that Chicago is not going down that road." "A central part of the law, which requires state and local law enforcement to check someone's citizenship status in the course of their duties, was upheld and will sanction pretextual stops and racial profiling. This gives a green light to Arizona sheriffs and others to use someone's clothing, accent, or appearance to take them to jail and hold them until their immigration status, if any, is sorted out." "Experience has shown us that police are highly unlikely to stop an individual with the last name of Kennedy or Roberts on suspicion of not being a legal U.S. citizen, but if you are a Gutierrez or Martinez, watch out. The express goal of the authors of Arizona's SB1070 is to target immigrants for harassment and make their lives miserable, and a key tool in that effort was upheld by the Court." "In our nation's history, the Supreme Court has been at its best when it expands freedom and demands that all Americans are treated fairly. This court fell short of that ideal today. Leaders who understand that allowing police to target anyone they choose, including American citizens, simply based on the way they look, or the sound of their voice, is wrong and has no place in our great country." "The President and Attorney General fought hard against the Arizona law and deserve praise for their leadership. Much of this decision is a victory for our community. This President is not afraid to do the right thing when faced with injustice. Now the Department of Homeland Security and Department of Justice and the White House have an even more important role in making sure federal immigration laws are not further undermined by and dictated by the states." "The President must stand firm because only the federal government can deport someone or turn a routine traffic stop into a lifetime of exile or a family permanently split apart." "The President's announcement last Friday is all the more important because the Supreme Court has moved to allow states to pick up thousands of low priority deportable immigrants, who could potentially flood already overtaxed deportation resources. Affirmatively protecting DREAM-eligible young immigrants from deportation will help mitigate the damage done by state legislators and the Supreme Court." "Now that leadership from our President is even more vital, it is important to note that Mitt Romney has called the Arizona law -- much of which was just deemed unconstitutional by the nation's highest court -- a "model for the nation." He counts on the main architect of this now-discredited law as a key immigration advisor. Today, the difference in leadership between President Obama and Mr. Romney could not be clearer. I urge Mr. Romney to repudiate his support for a policy now found to be largely unconstitutional."
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Sen. Robert Menendez (D-NJ)
"Today's decision is a victory for all Americans in that the Court correctly affirmed the power of the federal government to set immigration policy. While the Court found that the 'show me your papers' provision requires further evaluation, the Court concluded that it too may be invalidated if it is improperly applied in violation of federal law, including civil rights protections. I am deeply concerned about the welfare of Arizona residents in the meantime, particularly that the 'show me your papers' provision could lead to racial profiling. "We need an immigration system that's fair and practical, not a patchwork of policies that make our broken system worse. The federal government must create a national immigration system that provides for our national security and upholds America's values. That's why I'm working with my colleagues to pursue comprehensive immigration reform."
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U.S. Senate Candidate Shelley Berkley (D-Nev.)
"While it's heartening that the Supreme Court rejected several parts of Arizona's radical immigration law, I am deeply disappointed they did not strike down the most discriminatory portion that will force even more people into the shadows. I have opposed this law from the beginning while my opponent, Senator Dean Heller, not only supports it, but wants to bring it here to Nevada. We cannot allow that to happen. "Today's decision is further evidence that we must pass comprehensive immigration reform that secures our borders, cracks down on employers that knowingly hire undocumented immigrants, and provides a pathway to legal status for those that go to the back of the line, learn English, pay a fine and back taxes, and pass a criminal background check. "Unfortunately, Washington Republicans like Senator Heller are continuing to block any progress on fixing our broken immigration system and passing commonsense legislation like the DREAM Act."
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REp. Sam Farr (D-Calif.)
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