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Submission + - Supreme Court Upholds Key Part of Arizona Law

parallel_prankster writes: NYTimes reports that the Supreme Court on Monday rejected much of Arizona’s tough new immigration law but allowed one key provision to stand, saying federal law did not pre-empt the state's instruction to its police to check the immigration status of people they detain. Several other important provisions of the law conflicted with federal laws, the court found, rejecting provisions that made it a state crime for immigrants not to register with the federal government or to seek or hold jobs without proper documents, and allowing warrantless arrests of some people suspected of being deportable. But on the question of allowing the status checks, the court was unanimous. “The court correctly held that federal immigration law trumps most of Arizona’s controversial immigration law," Stephen W. Yale-Loehr, who teaches immigration law at Cornell University and is co-author of a treatise on the subject, said. "But by upholding Arizona’s ‘check your papers’ provision, at least for now, the court has given other states a green light to try to enact similar immigration laws."
Even after the Supreme Court’s ruling that one key provision was not automatically pre-empted, immigration groups will be able to challenge it based on an argument that the court was not considering: that the law discriminates on the basis of race and ethnic background.
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Supreme Court Upholds Key Part of Arizona Law

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