US Supreme Court Strikes Down Parts of Arizona Immigration Law

The US Supreme Court has backed checks on the immigration status of people stopped or arrested in Arizona, while striking down key parts of a tough law critics branded as racial profiling.

President Barack Obama said he was pleased three challenges were upheld.

But Arizona Governor Jan Brewer said the “heart” of the law would remain.

KJZZ news director Peter O’Dowd speaks with Host Marco Werman about the Supreme Court’s decision on Arizona’s illegal immigration law.

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Marco Werman: I’m Marco Werman. This is The World. So it’s okay for police in Arizona to check the immigration status of people they detain. A unanimous U.S. Supreme Court said so today but a divided court also struck down other parts of Arizona’s tough immigration law. The split decision means both opponents and supporters of the law can claim some measure of victory. Reporter Peter O’Dowd is at the front terrace desk of station KJZZ in Phoenix. Peter, what’s been the reaction in Arizona? Are both sides celebrating and mourning at the same time?

Peter O’Dowd: Well, I think you can say the state is celebrating the most. We have Jan Brewer, the governor of Arizona, calling the Supreme Court’s decision a victory, also that it keeps the heart of SB1070 alive. On the other side of the debate you have folks in the immigrant community who say it is actually more of a loss than a victory because the provision that we’re talking about, the one that was upheld, is the one that everyone was looking towards. On that case the immigrant community is saying that its lost.

Werman: Right. So that provision is provision 2B otherwise known as the show me your papers provision. Let’s start there. The court voted down three provisions but it upheld that one. Remind us what it says.

O’Dowd: Well, that provision says that police can check the immigration status of someone that they suspect is not in the United States legally. So let’s say you get pulled over on your way to work and you don’t have a driver’s license and the police officer has a reason to believe that you don’t belong here they can ask for your documentation and if you don’t have it you’re going to have to come up with a way to prove that you’re here.

Werman: Right, proving that you’re here legally. I mean one concern about provision 2B, this show us your papers law, is that it will lead to racial profiling. Did the supreme court ruling address that?

O’Dowd: It did in a way in the sense one of the justices, Anthony Kennedy, warned against not detaining somebody for too long as you figured this out. And so even the governor in the state has said that they are making every effort possible to make sure that racial profiling will not happen. Jan Brewer has said that law enforcement will be held accountable should the statute be misused in a fashion that violates an individuals civil rights. Of course the immigrant community says those are empty words and until you actually see life on the streets it is one thing to say that from the governor’s office but another reality on the ground.

Werman: Now if you read through some of the reporting it seems that the striking down of the other provisions in SB1070 could affect what then happens to someone who is found to be lacking legal papers who might be taken in by provision 2B. What about those other provisions might make that happen?

O’Dowd: Okay, so some of the provisions that were struck down requires all immigrants to obtain or carry immigration registration papers. So you might say well what does that mean if you’re not required to carry those papers what happens when a police officer pulls you over and is demanding to see your papers? Well, conceivably the way it would work is that immigrant would have to go find their documentation and actually prove that they are here legally.

Werman: And for Arizona residents who are unhappy one way or the other about this decision, is there any recourse for them?

O’Dowd: Well, the ACLU and other civil rights groups are continuing their legal challenge. This supreme court case was ruling just on the injunctions of SB1070, those four provisions, and not the overall constitutionality of the law. That is something that could still come into play. So, the justices said this law is still open to interpretation if the police violate civil rights, if they don’t do a good job enforcing the law, then in fact they would be open to a legal challenge.

Werman: Frontera’s Desk reporter Peter O’Dowd speaking with us from station KJZZ in Phoenix, Arizona. Thank you, Peter.

O’Dowd: Thank you.

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