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NC still eyes tougher stance on illegal immigration

Despite a U.S. Supreme Court ruling Monday that struck down much of Arizona’s crackdown on illegal immigrants, North Carolina lawmakers are still considering legislation that would toughen restrictions on immigrants in this state.

The court upheld the “show me your papers” requirement mandating law enforcement officers to check the status of people stopped for various reasons who might appear to be in the U.S. illegally.

 

But justices threw out three other provisions of the law: 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 warrants.

“I think the message establishes the clarity as to what the limitations are as to what you can or can’t do,” said Rep. Harry Warren, R-Rowan, who heads a North Carolina House committee on immigration.

Warren said the committee waited for the Supreme Court decision in the Arizona case before making any recommendations as to what North Carolina should do. There’s at least one bill pending in the state Senate that would give law enforcement more authority to enforce immigration laws.

“This is a cost, and we have to address it,” Warren said, noting that illegal immigrants cost North Carolina money for schooling, health care and law enforcement.

The Pew Hispanic Center estimates that North Carolina has about 325,000 “unauthorized” immigrants, giving the state the ninth-highest illegal immigrant population in the U.S.

William Gheen, president of Raleigh-based Americans for Legal Immigration PAC, said the court’s refusal to invalidate the “show me your papers” requirement is a victory for states looking to control illegal immigration.

“This Supreme Court ruling in our favor is an historic victory for Americans fighting against the corporate-sponsored illegal alien invasion of our homeland,” Gheen said in a statement. “We believe that we now have the momentum to pass versions of Arizona’s SB 1070 law in many other states since the court upheld the most important provision in the bill.”

Immigration advocates argued, however, that the Supreme Court decision makes it clear that states should leave immigration enforcement to the federal government.

“The Supreme Court’s decision makes clear that aspects of Arizona’s law raise serious constitutional concerns and is further proof of why North Carolina should not follow Arizona’s path,” Raul Pinto, racial justice attorney for the American Civil Liberties Union of North Carolina Legal Foundation, said in a statement.

“Anti-immigrant laws modeled after Arizona’s undermine police work, harm businesses, threaten our most basic American values and are proving to be a failed experiment that we must not repeat here,” Pinto said.

“In our view, this is the nail in the coffin to North Carolina’s efforts to try and regulate on the issue of immigration,” said Kate Woomers-Deters, an attorney with the left-leaning North Carolina Justice Center.

Alicia Torres, who crossed into the U.S. with her family 20 years ago, said she and other illegal immigrants will continue fighting for their rights in the country.

“The rights we are fighting for are basic human rights,” said Torres, 26, of Carrboro.

Torres has a nursing degree but cannot get a job in the field because she doesn’t have immigration documents.

“We’re going to continue fighting,” she said. “We’re going to continue to go out there and say, ‘Look, this is our status. We’re not going to move, and we’re going to demand Congress take a stronger stance.’”

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Supreme Court Arizona Immigration Ruling: Justices Clear Key Part

The Supreme Court on Monday rejected a constitutional challenge to a central provision of Arizona’s anti-illegal immigration law, clearing the path for similar legislation to take effect in other states and potentially angering Latinos in a way that could give President Barack Obama an added boost from Hispanic voters in November.

That provision, requiring police to conduct immigration checks on individuals they arrest or merely stop for questioning whom they suspect are in the U.S. illegally, does not appear to violate the Constitution by intruding on the federal government’s powers to control immigration, the court said.

All eight justices who ruled on the case voted to allow the mandatory immigration-check requirement to go into effect. They split on three other disputed provisions of the law, with a majority of the justices ruling that each of those parts of the law could not be enforced because they intruded improperly into a policy sphere reserved to the federal government. Justice Elena Kagan did not participate in the ruling.

The justices said further legal challenges to the mandatory immigration check provision can go forward after that part of the law takes effect.

The ruling Monday is far from a definitive verdict on the Arizona law known as SB 1070, since the case that the court decided did not address the most contentious charge about the legislation: that it will lead to racial profiling of Latinos.

Gov. Jan Brewer (R-Ariz.), who championed the law and rode a wave of political popularity off of its passage, hailed the court’s ruling allowing the enforcement of what she called “the heart” of the immigration crackdown measure.

“Today’s decision by the U.S. Supreme Court is a victory for the rule of law,” Brewer said in a statement. “After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.”

Chief Justice Roberts joined with Kennedy and the court’s liberals to strike, 5-3, two other provisions of the Arizona law: a section making it a crime to apply for or hold a job in Arizona without legal work authority and another section allowing a police officer to arrest someone if the officer believes that he has committed a crime that could cause him to be deported, no matter where the crime took place.

In dissent, Justice Antonin Scalia said the court had run roughshod over Arizona’s right to enforce order within its own borders.

“Arizona has moved to protect its sovereignty—not in contradiction of federal law, but in complete compliance with it,” Scalia wrote. “The laws under challenge here do not extend or revise federal immigration restrictions, but merely enforce those restrictions more effectively. If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign State.”

The Supreme Court’s ruling comes just over a week after Obama announced a major change in immigration policy, pledging not to deport most young people who came to the U.S. illegally as children. {snip}

Scalia directly invoked Obama’s recent move, saying Arizona should not have to step back to allow the president leeway to not enforce immigration law.

“The president said at a news conference that the new program is ‘the right thing to do’ in light of Congress’s failure to pass” immigration reform legislation, Scalia said in a portion of his dissent he summarized from the bench. “Perhaps it is, though Arizona may not think so. But to say, as the Court does, that Arizona contradicts federal law by enforcing applications of the Immigration Act that the president declines to enforce boggles the mind.”

However, presumptive GOP presidential nominee Mitt Romney issued a statement Monday faulting Obama for failing to push for a federal immigration reform bill.

“Today’s decision underscores the need for a President who will lead on this critical issue and work in a bipartisan fashion to pursue a national immigration strategy. President Obama has failed to provide any leadership on immigration. This represents yet another broken promise by this President,” Romney said, noting that Obama pledged during the 2008 campaign to put forward an immigration initiative during his first year in office.

Romney has refused to take a clear position on the controversial Arizona law or its provisions. However, he opposed the federal effort to block Arizona’s law—a position he articulated again Monday.

“I believe that each state has the duty—and the right—to secure our borders and preserve the rule of law, particularly when the federal government has failed to meet its responsibilities,” Romney said.

The part of Monday’s ruling that prevented Arizona from making it a crime for foreigners to be in the state without valid immigration papers appears to preclude local police from stopping people solely because they are suspected of being in the country illegally. However, Kennedy said explicitly that the court was leaving for another day whether concerns about immigration status could justify prolonging the detention of individuals stopped for other reasons.

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Poll: Most Americans Think Arizona Immigration Law Is “About Right”

As the Supreme Court weighs a decision on Arizona’s controversial immigration law this summer, a new CBS News/New York Times poll shows that more than half of Americans see the law as “about right.”

According to the survey, conducted from May 31-June 3 among 976 adults nationwide, 52 percent of Americans believe Arizona’s immigration policy is about right, while 33 percent say it goes too far. Eleven percent say the law does not go far enough.

The U.S. Department of Justice is challenging the law on the grounds that it conflicts with what it contends is the federal government’s exclusive right to set immigration laws for the country.

Most Americans seem to disagree. Sixty-two percent of respondents—and majorities of Republicans, Democrats, and independents—say both the federal government and state governments should be able to determine laws regarding undocumented immigrants. Twenty-five percent (30 percent of Democrats and 16 percent of Republicans) think such laws should be determined exclusively by the federal government, and 11 percent (4 percent of Democrats and 15 percent of Republicans) think they should be determined by state governments only.

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