The United States Supreme Court has indicated that it will hear the State of Arizona’s appeal of a ruling that struck down the State’s law criminalizing the unlawful presence of aliens. By passing this state law, Arizona has challenged the federal position that immigration remains a federal issue and that the federal government has sole authority to legislate in the immigration arena.
The U.S. Supreme Courts decision will either pave the way for other states to follow Arizona’s lead, or will shut the door to Arizona and other states from encroaching on the federal government’s historic monopoly on immigration enforcement. This decision will have a dramatic effect on the lives of thousands of immigrants, both lawful and unlawful. It will also affect minority U.S. Citizens.
Many minorities and lawful immigrants have argued that Arizona’s law leads to racial profiling and harassment of both U.S. citizens and non U.S. citizens that are here lawfully. Arizona’s immigration law has led to state law enforcement officers increasing efforts to ferret out individuals who are here unlawfully. In doing so, those that are here lawfully are subjected to increased scrutiny. Imagine, as a U.S. citizen, having to account for your U.S. citizenship at every interaction with law enforcement or government agency. Having to respond to questions like, “Where’s your birth certificate? Is it certified? Why is your name mispelled? Why is your address incorrect?”
Post 9/11 laws, like the Real ID Act, have led to more and more government intrusion into the lives of U.S. citizens, lawful permanent residents and those here with valid visas. Anyone who has been to the DMV lately can attest to this fact. The U.S. Supreme Court’s decision will either increase the bureacracy, or stem the tide. Thousands will be affected.
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